Bills 117hr7776eas RCP117 70

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DECEMBER 6, 2022
RULES COMMITTEE PRINT 117–70

TEXT OF THE HOUSE AMENDMENT TO THE
SENATE AMENDMENT TO H.R. 7776

[Showing the text of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023]
In lieu of the matter proposed to be inserted by the

Senate, insert the following:
1 SECTION 1. SHORT TITLE.
2 (a) IN GENERAL.—This Act may be cited as the

3 ‘‘James M. Inhofe National Defense Authorization Act for
4 Fiscal Year 2023’’.
5 (b) REFERENCES.—Any reference in this or any
6 other Act to the ‘‘National Defense Authorization Act for
7 Fiscal Year 2023’’ shall be deemed to be a reference to
8 the ‘‘James M. Inhofe National Defense Authorization Act
9 for Fiscal Year 2023’’.
10 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
11 CONTENTS.
12 (a) DIVISIONS.—This Act is organized into 11 divi-

13 sions as follows:
14 (1) Division A—Department of Defense Au-
15 thorizations.
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1 (2) Division B—Military Construction Author-
2 izations.
3 (3) Division C—Department of Energy Na-
4 tional Security Authorizations and Other Authoriza-
5 tions.
6 (4) Division D—Funding Tables.
7 (5) Division E—Non-Department of Defense
8 Matters.
9 (6) Division F—Intelligence Authorization Act
10 for Fiscal Year 2023.
11 (7) Division G—Homeland Security.
12 (8) Division H—Water Resources.
13 (9) Division I—Department of State Authoriza-
14 tions.
15 (10) Division J—Oceans and Atmosphere.
16 (11) Division K—Don Young Coast Guard Au-
17 thorization Act of 2022.
18 (b) TABLE OF CONTENTS.—The table of contents for
19 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
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Sec. 111. Limitations on production of Extended Range Cannon Artillery how-
itzers.
Subtitle C—Navy Programs
Sec. 121. Requirements relating to EA–18G aircraft of the Navy.

Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy port water-
borne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet configuration
of E–6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH–53K heavy lift helicopter program.
Sec. 128. Procurement authorities for John Lewis-class fleet replenishment
oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding pro-
grams.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer pro-
gram.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class ves-
sels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
Subtitle D—Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the combat air
forces.
Sec. 142. Inventory and other requirements relating to air refueling tanker air-
craft.
Sec. 143. Requirements relating to F–22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions to B–
1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E–8C force presentation requirement.
Sec. 146. Minimum inventory of C–130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 148. Prohibition on availability of funds for termination of production lines
for HH–60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warn-
ing and control system aircraft.
Sec. 150. Limitation on divestment of F–15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T–38A air-
craft.
Sec. 152. Procurement authority for digital mission operations platform for the
Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and rescue
mission of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 156. Annual reports on T–7A Advanced Pilot Training System.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
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Sec. 162. Assessment and strategy for fielding capabilities to counter threats
posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft industrial
base.
Sec. 164. Comptroller General audit of efforts to modernize the propulsion,
power, and thermal management systems of F–35 aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project author-

ity.
Sec. 212. Clarification of role of senior official with principal responsibility for
artificial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and
Engineering in personnel management authority to attract ex-
perts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive
Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing
processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to support
critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of electromagnetic
warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of microelectronics.
Sec. 220. Government-Industry-Academia Working Group on Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband infrastructure
at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and other mi-
nority-serving institutions regarding National Security Innova-
tion Network programs that promote entrepreneurship and in-
novation at institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding de-
fense research capacity at historically Black colleges and uni-
versities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable inventions in
the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery technologies for
warfighters.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational Test

and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy for fifth
generation information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing
approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communica-
tions technology within the military departments.
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Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fel-
lowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innova-
tion ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the
Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and
development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the Electronic Proving
Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and infor-
mation technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation re-
sources supporting certain major defense acquisition programs.
TITLE III—OPERATION AND MAINTENANCE
Subtitle B—Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.

Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program for
State-owned facilities of the National Guard with proven expo-
sure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department
of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and
energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered,
or hydrogen-powered vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense relating to
renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and
promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements
for future operational energy needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to ex-
treme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain
military installations.
Sec. 323. Pilot program for development of electric vehicle charging solutions
to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries through re-
cycling.
Sec. 326. Guidance and target goal relating to formerly used defense sites pro-
grams.
Sec. 327. Analysis and plan for addressing heat island effect on military instal-
lations.
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Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department
of Defense with electric vehicles, advanced-biofuel-powered ve-
hicles, or hydrogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.

Sec. 332. Authorization of closure of underground storage tank system at Red
Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-
Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill
Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health implica-
tions of fuel leaks at Red Hill Bulk Fuel Storage Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl

Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or

polyfluoroalkyl substances.
Sec. 342. Increase 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 Sub-
stances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing for
perfluoroalkyl or polyfluoroalkyl substances on private prop-
erty.
Sec. 345. Restriction on procurement or purchasing by Department of Defense
of turnout gear for firefighters containing perfluoroalkyl sub-
stances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installa-
tions from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense
procurement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and ob-
jectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in readi-
ness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts fol-
lowing major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on duration
of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations regarding
Shipyard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support
operations.
Sec. 358. Notification of modification to policy regarding retention rates for
Navy ship repair contracts.
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Sec. 359. Research and analysis on capacity of private shipyards in United
States and effect of those shipyards on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics across United
States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribu-
tion points in United States Indo-Pacific Command area of re-
sponsibility.
Subtitle F—Matters Relating to Depots and Ammunition Production

Facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance
and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for unspec-
ified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition produc-
tion facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level
maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for
performance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Depart-
ment of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint

Safety Council.
Sec. 382. Accountability for Department of Defense contractors using military
working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibil-
ities in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire preven-
tion and response.
Sec. 386. Interagency collaboration and extension of pilot program on military
working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military installa-
tions.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of members
of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility sanita-
tion and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive agent for
Naval Small Craft Instruction and Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine
countermeasures platforms.
TITLE IV—MILITARY PERSONNEL AUTHORIZATION
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.

Sec. 402. End strength level matters.
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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.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty in
grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in general officer
and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the grades
of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers and
flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel from limita-
tions on authorized strengths for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed Forces.
Sec. 508. Improvements to the selection of warrant officers in the military de-
partments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory retirement
for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing duties of
a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of Defense
and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B—Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve Officers’

Training Corps in reports accompanying the national defense
strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Re-
serve Officers’ Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in the Na-
tional Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active Guard
and Reserve duty at the request of a Governor may not inter-
fere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
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Sec. 518. Notice to Congress before certain actions regarding units of certain
reserve components.
Sec. 519. Independent study on Federal recognition of National Guard officers.
Sec. 519A. Review and update of report on geographic dispersion of Junior Re-
Sec. 519B. Briefing on duties of the Army Interagency Training and Education
Center.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection review

boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by members of
the Armed Forces and Department of Defense and Coast
Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member who
accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative dis-
charges of certain members on the basis of failure to receive
COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for the
Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the Armed
Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for military occu-
pational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from the
Armed Forces due to pregnancy or parenthood.
Subtitle D—Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding prospec-

tive recruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment
incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of Defense.
Sec. 535. Report on Department of Defense recruitment advertising to racial
and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in public sec-
ondary schools.
Sec. 537. Best practices for the retention of certain female members of the
Armed Forces.
Sec. 538. Review of certain personnel policies of special operations forces.
Sec. 539. Support for members who perform duties regarding remotely piloted
aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize
in air and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.

Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
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Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID special
agent training course.
Sec. 549. Review of titling and indexing practices of the Army and certain
other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation of
military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of offenses
under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F—Member Education
Sec. 551. Authorization of certain support for military service academy founda-
tions.
Sec. 552. Individuals from the District of Columbia who may be considered for
appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport con-
stitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force Institute of
Technology: terms of Provosts and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military service
academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional military
education.
Subtitle G—Member Training and Transition
Sec. 561. Codification of Skillbridge program.

Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees of
the Department of Defense in STEM.
Subtitle H—Military Family Readiness and Dependents’ Education
Sec. 571. Clarification and expansion of authorization of support for chaplain-

led programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic depend-
ent elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation of re-
mains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit depend-
ents of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces with enrollment changes due to
base closures, force structure changes, or force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion coordinators for
Department of Defense child development centers.
Sec. 577. Promotion of certain child care assistance.
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Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children’s Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to provide fi-
nancial assistance to members of the Armed Forces for in-
home child care.
Sec. 579B. Briefing on policies regarding single parents serving as members of
the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected children for
purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools
operated by the Department of Defense Education Activity.
Subtitle I—Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of military
records to review determinations regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General of
the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.

Sec. 592. Notification on manning of afloat naval forces: modifications; codi-
fication.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Ar-
lington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National
Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military installa-
tions.
Sec. 597. Briefing on the effects of economic inflation on members of the
Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the Armed
Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide in the
Navy.
Sec. 599B. Report on officer personnel management and the development of
the professional military ethic of the Space Force.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay authori-
ties.
Sec. 602. Increase to maximum amounts of certain bonus and special pay au-
thorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay;
travel allowance for members of the Armed Forces assigned to
Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
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Subtitle B—Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of eligibility for
basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance for hous-
ing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing for
members of the Armed Forces whose sole dependent dies while
residing with the member.
Sec. 614. Basic allowance for housing for members without dependents when
home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for cer-
tain members assigned to the Defense Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who transfer to
the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to certain con-
gressional committees.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex overhaul.

Sec. 622. Expansion of authority to reimburse a member of the uniformed serv-
ices for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse relicensing
costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs to
relocate a pet that arise from a permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of the
Armed Forces who attend a professional military education in-
stitution or training classes.
Sec. 626. Conforming amendments to update references to travel and transpor-
tation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or
assignment.
Subtitle D—Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.

Sec. 632. Modification of authority to allow members of the Armed Forces to
accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E—Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a deceased mem-
ber of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection; training; re-
port.
Subtitle F—Defense Resale Matters
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Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur
Autonomous Region in commissaries and exchanges.
Subtitle G—Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.

Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces: study;
report.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.

Sec. 702. Health benefits for members of the National Guard following required
training or other duty to respond to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE Prime
during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services for mem-
bers of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE
directory.
Sec. 706. Independent analysis of quality and patient safety review process
under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve
and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B—Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability evaluation.

Sec. 712. Inclusion of level three trauma care capabilities in requirements for
medical centers.
Sec. 713. Centers of excellence for specialty care in military health system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve medical
force readiness.
Sec. 715. Congressional notification requirement to modify scope of services
provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civil-
ians for care provided at military medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects relating to
delivery of health and medical care through use of other trans-
action authority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humani-
tarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid management
in the military health system.
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Sec. 720. Modification of requirement to transfer research and development and
public health functions to Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried former
spouses.
Sec. 722. Authority for Department of Defense program to promote early lit-
eracy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health System
Medical Logistics Directorate and Military Health System
Education and Training Directorate.
Subtitle C—Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military medical

manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive Au-
tism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation authority
for independent suicide prevention and response review com-
mittee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruc-
tion.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available under mili-
tary health system.
Sec. 738. Certification program in provision of mental health services to mem-
bers of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by in-
dividuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of De-
fense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength:
certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense intern-
ship programs relating to civilian behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new command
on defense health.
Sec. 744. Capability assessment and action plan with respect to effects of expo-
sure to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military depart-
ment and related matters.
Sec. 747. Report on effects of low recruitment and retention on operational
tempo and physical and mental health of members of the
Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate partner
violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed
Forces.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,

AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
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Sec. 801. Writing award to encourage curiosity and persistence in overcoming
obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and engineering
services.
Sec. 803. Data requirements for commercial products for major weapon sys-
tems.
Sec. 804. Revision of authority for procedures to allow rapid acquisition and
deployment of capabilities needed under specified high-priority
circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal for dis-
closure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition
programs.
Sec. 809. Acquisition reporting system.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and

Limitations
Sec. 811. Inclusion in budget justification materials of enhanced reporting on

proposed cancellations and modifications to multiyear con-
tracts.
Sec. 812. Comptroller General assessment of acquisition programs and related
efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with requests for
multiyear procurement authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of certain activi-
ties with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of foreign-
made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and pricing proc-
esses.
Sec. 819. Extension of pilot program for distribution support and services for
weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department of
Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due to infla-
tion impacts.
Subtitle C—Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition workforce
excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and agree-
ments with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software or
hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial skills pro-
gram.
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Subtitle D—Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of intellectual

property.
Sec. 842. Modification of authority of the Department of Defense to carry out
certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the procure-
ment and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E—Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.

Sec. 852. Modification to miscellaneous limitations on the procurement of goods
other than United States goods.
Sec. 853. Requirements for the procurement of certain components for certain
naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the Xinjiang
Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor–Protege Program.
Sec. 857. Procurement requirements relating to rare earth elements and stra-
tegic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing and in-
dustrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobiliza-
tion and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical supply
chains.
Sec. 861. Strategy for increasing competitive opportunities for certain critical
technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F—Small Business Matters
Sec. 871.
Codification of Small Business Administration scorecard.
Sec. 872.
Modifications to the SBIR and STTR programs.
Sec. 873.
Access to data on bundled or consolidated contracts.
Sec. 874.
Small business integration working group.
Sec. 875.
Demonstration of commercial due diligence for small business pro-
grams.
Sec. 876. Development and assessment of mission effectiveness metrics.
Sec. 881. Technical correction to effective date of the transfer of certain title
10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance into
program classification guides and program protection plans.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT
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Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant

Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief Man-
agement Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to iden-
tify, task, and manage congressional reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with requirements re-
lating to alignment of Close Combat Lethality Task Force.
Subtitle B—Other Department of Defense Organization and Management

Matters
Sec. 911. Updates to management reform framework.

Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic spectrum
operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management systems.
Sec. 918. Report on potential transition of all members of the Space Force into
a single component.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.

Sec. 1002. Sense of Congress relating to the corrective action plans review
process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B—Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and

counterterrorism campaign in Colombia.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.

Sec. 1022. Navy consultation with Marine Corps on major decisions directly
concerning Marine Corps amphibious force structure and capa-
bility.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating battle
force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning baseline
plans.
Sec. 1027. Withholding of certain information about sunken military crafts.
Sec. 1028. Business case analyses on disposition of certain Government-owned
dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D—Counterterrorism
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Sec. 1031. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or modify fa-
cilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for trans-
fer or release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or relinquish con-
trol of United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and unclassified

form.
Sec. 1042. Department of Defense support for funerals and memorial events
for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining assistance and
stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health incidents.
Sec. 1045. Security clearances for recently separated members of the Armed
Forces and civilian employees of the Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense sys-
tems for certain congressional staff for oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal Aus-
tralian Navy.
Sec. 1049. Standardization of sectional barge construction for Department of
Defense use on rivers and intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted commissions.
Subtitle F—Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.

Sec. 1052. Congressional notification of military information support operations
in the information environment.
Sec. 1053. Modification and continuation of reporting requirement relating to
humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with United States
military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding en-
hancement of information sharing and coordination of military
training between Department of Homeland Security and De-
partment of Defense.
Sec. 1059. Continuation of requirement for annual report on National Guard
and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer excess
aircraft to other departments of the Federal Government and
authority to transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence, sur-
veillance, and reconnaissance.
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Sec. 1062. Study on military training routes and special use air space near
wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility multipurpose
wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on Govern-
ment Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding distinction be-
tween combatants and civilians in United States military oper-
ations.
Sec. 1068. Report on strategy and improvement of community engagement ef-
forts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the Carib-
bean.
Sec. 1070. Quarterly briefings on Department of Defense support for civil au-
thorities to address immigration at the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local gov-
ernments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational institutions re-
ceiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on Department of
Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major units of
the United States Armed Forces to certain European coun-
tries.
Sec. 1076. Report on effects of strategic competitor naval facilities in Africa.
Sec. 1081. Technical and conforming amendments.

Sec. 1082. Department of Defense Civilian Protection Center of Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of operations of
United States Indo-Pacific Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of De-
fense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for Stra-
tegic Studies as the James M. Inhofe Center for Africa Stra-
tegic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2 joint train-
ing exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense civilian em-
ployees choosing to report experiencing adult sexual assault.
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Sec. 1102. Modification and extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, ben-
efits, and gratuities to civilian personnel on official duty in a
combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the Depart-
ment of Defense.
Sec. 1105. Temporary extension of authority to provide security for former De-
partment of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology posi-
tions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-limited ap-
pointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract experts
in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic shaping of
the workforce to improve the technical skills and expertise at
certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for noncompetitive
appointments of military spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of cyber
and information technology personnel to private sector organi-
zations.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in train-

ing program conducted by Colombia under the United States-
Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational centers
of excellence.
Sec. 1204. Modification of existing authorities to provide for an Irregular War-
fare Center and a Regional Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of oper-
ations.
Sec. 1206. Extension and modification of authority for reimbursement of cer-
tain coalition nations for support provided to United States
Sec. 1207. Modification and extension of authority to support border security
operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to advance
women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for assist-
ance to units of foreign security forces that have committed a
gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train, advise,
assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation Pilot Pro-
gram.
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Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress injury and
loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in Afghani-
stan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the Islamic
Emirate of Afghanistan.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities of Iran

and related activities.
Sec. 1232. Extension of authority to support operations and activities of the
Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted Syrian
groups and individuals.
Sec. 1234. Extension and modification of authority to provide assistance to
counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated operatives
abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics production
and trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D—Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance Initia-

tive.
Sec. 1242. Extension of limitation on military cooperation between the United
States and Russia.
Sec. 1243. Modification to annual report on military and security developments
involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty of the
Russian Federation over internationally recognized territory of
Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of short
and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E—Matters Relating to the Indo-Pacific Region

involving the People’s Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to author-
ize use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People’s Republic
of China in rim of the Pacific (RIMPAC) naval exercises to in-
clude cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
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Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin clean-
up.
Sec. 1256. Enhanced indications and warning for deterrence and dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment projects with
ties to the Government of the People’s Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in the Peo-
ple’s Republic of China that provide support to the People’s
Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and in-
vestments made by the Government of the People’s Republic of
China and entities directed or backed by the Government of the
People’s Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in the Indo-
Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States military
posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in the
Indo-Pacific region.
Subtitle F—Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations Head-

quarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture in
Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared na-
tional security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the partnership
among Australia, the United Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and observ-
ers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
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—National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Modification of acquisition authority under Strategic and Critical
Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
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Sec. 1414. Authority to acquire materials for the National Defense Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged conflict.
Subtitle C—Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of Defense-De-

partment of Veterans Affairs Medical Facility Demonstration
Fund for Captain James A. Lovell Health Care Center, Illi-
nois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV—CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A—Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.

Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for strategic cyberse-
curity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of universities that
advise Secretary of Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international strategy
with National Defense Strategy and Department of Defense
Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of Jor-
dan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for certain
systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial intelligence,
and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity capabilities.
Subtitle B—Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation in the

information environment.
Sec. 1522. Assessment and optimization of Department of Defense information
and influence operations conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission of joint
lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of information
operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission of as-
sessments relating to cybersecurity of the defense industrial
base.
Subtitle C—Personnel
Sec. 1531. Cyber operations-peculiar awards.
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Sec. 1532. Establishment of Cyber Operations Designator and rating for the
Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path study.
Sec. 1537. Study to determine optimal strategy for structuring and manning
elements of Joint Force Headquarters–Cyber Organizations,
Joint Mission Operations Centers, and Cyber Operations-Inte-
grated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office of the
Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for De-
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D—Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related information
with foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology budg-
et data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of artificial
intelligence.
Sec. 1555. Review of Department of Defense implementation of recommenda-
tions from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security Agency
and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations Forces.
Sec. 1558. Annual assessments and reports on assignment of certain budget
control responsibility to Commander of United States Cyber
Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-frequency
enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter adver-
saries in the information environment.
TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND

INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Requirements for protection of satellites.

Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and capability
delivery schedules for segments of major satellite acquisitions
programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space tech-
nology development.
Sec. 1608. Review of Space Development Agency exemption from Joint Capa-
bilities Integration and Development System.
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Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that support oper-

ational preparation of the environment.
Subtitle C—Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.

Sec. 1632. Industrial base monitoring for B–21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber resilience
of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site activation task
force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of
the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile pro-
grams within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise missile.
Subtitle D—Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.

Sec. 1652. Improvements to acquisition accountability reports on the ballistic
missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense informa-
tion and systems.
Sec. 1654. Next generation interceptors for missile defense of United States
homeland.
Sec. 1655. Termination of requirement to transition ballistic missile defense
programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense sys-
tems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense of Guam.
Sec. 1661. Limitation on availability of certain funds until submission of report
on implementation of the cruise missile defense architecture for
the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain al-
lies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous United
States.
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26
Subtitle E—Other Matters
Sec. 1671. Cooperative threat reduction funds.

Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
TITLE XVII—MUNITIONS REPLENISHMENT AND FUTURE

PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.

Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of weapons
provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for Patriot
air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability and ca-
pacity needs for munitions production and stockpiling.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2002. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2803. Effective date and automatic execution of conforming changes to ta-
bles 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.
Demolition of District of Columbia Fort McNair Quarters 4, 13,
and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019 project at
Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain fiscal
year 2018 projects.
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. 2204. Extension of authority to carry out certain fiscal year 2018 project.
Sec. 2205. Transfer of customers from Navy electrical utility system at former
Naval Air Station Barber’s Point, Hawaii, to new electrical
system in Kalaeloa, Hawaii.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018 projects.
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27
Sec. 2305. Modification of authority to carry out certain fiscal year 2021
project.
Sec. 2306. Modification of authority to carry out certain 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.
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. Repeal of authorized approach to certain construction project.
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.
Sec. 2607. Corrections to authority to carry out certain fiscal year 2022
projects.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure
Account.
Sec. 2702. Authorization to fund certain demolition and removal activities
through Department of Defense Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and closure
(BRAC) round.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to

carry out unspecified minor military construction.
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Sec. 2802. Modification of annual locality adjustment of dollar thresholds appli-
cable to unspecified minor military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified minor mili-
tary construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research, development,
test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy, Installa-
tions, and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations for mili-
tary construction projects and military family housing projects.
Sec. 2809. Use of operation and maintenance funds for certain construction
projects outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to improve
energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and Unified Fa-
cilities Criteria to include specifications on use of gas insulated
switchgear and criteria and specifications on microgrids and
microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders that im-
pact cost and scope of work of military construction projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391
with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B—Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements and

Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical condi-
tions of residents in privatized military housing.
Subtitle C—Real Property and Facilities Administration

Sec. 2831. Authorized land and facilities transfer to support contracts with fed-
erally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military installa-
tion resilience component of master plans for at-risk major
Sec. 2833. Physical entrances to certain military installations.
Subtitle D—Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Vir-
ginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E—Miscellaneous Studies and Reports
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29
Sec. 2851. Study on practices with respect to development of military construc-
tion projects.
Sec. 2852. Report on capacity of Department of Defense to provide survivors
of natural disasters with emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States military in-
stallations by the People’s Republic of China.
Sec. 2861. Required consultation with State and local entities for notifications
related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program of
certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the report on
strategic seaports in Defense Community Infrastructure Pilot
Program.
Sec. 2864. Inclusion of certain property for purposes of defense community in-
frastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable building
materials in military construction to include locations through-
out the United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for certain
construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of In-
spectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training facil-
ity.
Sec. 2870. Limitation on use of funds for closure of combat readiness training
centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot Project.
Sec. 2873. Access to military installations for Homeland Security Investigations
personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with civil
aviation.
Sec. 2875. Electrical charging capability construction requirements relating to
parking for Federal Government motor vehicles.
TITLE XXIX—FALLON RANGE TRAINING COMPLEX
Subtitle A—Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B—Lander County Economic Development and Conservation
Sec. 2911. Definitions.
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30
PART I—LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES

Sec. 2922. Conveyances to Lander County, Nevada.
PART II—LANDER COUNTY WILDERNESS AREAS

Sec. 2932. Designation of wilderness areas.
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. Requirements for specific request for new or modified nuclear weap-
ons.
Sec. 3112. Modifications to long-term plan for meeting national security re-
quirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant projects.
Sec. 3114. Update to plan for deactivation and decommissioning of non-
operational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation threats at
vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for labora-
tory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security Administra-
tion.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2
warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to the
Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to plutonium
pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced manu-
facturing development.
Sec. 3126. Authorization of workforce development and training partnership
programs within National Nuclear Security Administration.
Sec. 3131. Modification to certain reporting requirements.
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31
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense Act and
other provisions.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.

Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
TITLE XXXV—MARITIME ADMINISTRATION
Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime Administration.

Sec. 3502. Secretary of Transportation responsibility with respect to cargoes
procured, furnished, or financed by other Federal departments
and agencies.
Subtitle B—Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain merchant

mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States Government
works.
Sec. 3515. Reports on matters relating to the United States Merchant Marine
Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy ca-
dets on certain vessels.
Subtitle C—Maritime Infrastructure
Sec. 3521. United States marine highway program.

Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure development pro-
gram.
Sec. 3524. Infrastructure improvements identified in the report on strategic
seaports.
Sec. 3525. GAO review of Government efforts to promote growth and mod-
ernization of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure resil-
iency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at ports.
Sec. 3529. Study of cybersecurity and national security threats posed by for-
eign manufactured cranes at United States ports.
Subtitle D—Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.

Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
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32
Sec. 3541.
Waiver of navigation and vessel inspection laws.
Sec. 3542.
National maritime strategy.
Sec. 3543.
Maritime Environmental and Technical Assistance Program.
Sec. 3544.
Definition of qualified vessel.
Sec. 3545.
Establishing a capital construction fund.
Sec. 3546.
Recapitalization of National Defense Reserve Fleet.
Sec. 3547.
Sense of Congress on Merchant Marine.
Sec. 3548.
Analysis of effects of chemicals in stormwater runoff on Pacific
salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
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
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.
DIVISION E—NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI—VETERANS AFFAIRS MATTERS
Subtitle A—Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.

Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States.
Subtitle B—Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of information

on Department of Veterans Affairs home loan benefits.
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33
Sec. 5112. GAO study on post-market surveillance of medical devices by De-
partment of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services and
housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of Vet-
erans Affairs.
Sec. 5121. Improved application of employment and reemployment rights of all

members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of Vet-
erans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing Act
of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of Vet-
erans Affairs of donated facilities and related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical occupations; pro-
gram on intermediate care technicians of Department of Vet-
erans Affairs.
TITLE LII—INSPECTOR GENERAL INDEPENDENCE AND

EMPOWERMENT MATTERS
Subtitle A—Inspector General Independence

Sec. 5202. Removal or transfer of Inspectors General; placement on non-duty
status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B—Presidential Explanation of Failure to Nominate an Inspector

General
Sec. 5221. Presidential explanation of failure to nominate an Inspector General.
Subtitle C—Integrity Committee of the Council of Inspectors General on

Integrity and Efficiency Transparency

Sec. 5232. Additional information to be included in requests and reports to
Congress.
Sec. 5233. Availability of information to Congress on certain allegations of
wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of establishments by
the Integrity Committee.
Subtitle D—Notice of Ongoing Investigations When There Is a Change in

Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in status

of Inspector General.
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34
Subtitle E—Council of the Inspectors General on Integrity and Efficiency
Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to Inspectors

General.
Subtitle G—Training Resources for Inspectors General and Other Matters
Sec. 5271.
Training resources for Inspectors General.
Sec. 5272.
Definition of appropriate congressional committees.
Sec. 5273.
Semiannual reports.
Sec. 5274.
Submission of reports that specifically identify non-governmental or-
ganizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of evacuees
from Afghanistan and the Afghanistan special immigrant visa
program.
TITLE LIII—OVERSIGHT AND REFORM MATTERS
Subtitle A—General Provisions
Sec. 5301.
Access for Veterans to Records.
Sec. 5302.
ONDCP supplemental strategies.
Sec. 5303.
Performance Enhancement.
Sec. 5304.
Appeals to merit systems protection board relating to FBI reprisal
allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B—PLUM Act of 2022

Sec. 5322. Establishment of public website on government policy and sup-
porting positions.
TITLE LIV—21ST CENTURY ASSISTIVE TECHNOLOGY ACT

Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
TITLE LV—FOREIGN AFFAIRS MATTERS
Subtitle A—Taiwan Enhanced Resilience Act
PART 1—IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP

BETWEEN THE UNITED STATES AND TAIWAN
Sec. 5502. Modernizing Taiwan’s security capabilities to deter and, if nec-

essary, defeat aggression by the People’s Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions and sup-
port for Taiwan.
Sec. 5504. International military education and training cooperation with Tai-
wan.
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Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military forces of
Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales pro-
gram.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States allies
in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan’s needs for civilian defense and resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and intel-
ligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
PART 2—COUNTERING PEOPLE’S REPUBLIC OF CHINA’S COERCION AND

INFLUENCE CAMPAIGNS
Sec. 5513. Strategy to respond to influence and information operations tar-

geting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People’s Republic of
China.
Sec. 5515. China censorship monitor and action group.
PART 3—INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
Sec. 5516. Findings.

Sec. 5517. Sense of Congress on Taiwan’s meaningful participation in the
international community.
Sec. 5518. Strategy to support Taiwan’s meaningful participation in inter-
national organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil Avia-
tion Organization.
PART 4—MISCELLANEOUS PROVISIONS
Sec. 5520. Report on Taiwan Travel Act.

Sec. 5521. Amendments to the Taiwan Allies International Protection and En-
hancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People’s Republic of China’s nuclear threat in es-
calation dynamics.
Sec. 5523. Report analyzing the impact of Russia’s war against Ukraine on the
objectives of the People’s Republic of China with respect to
Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic relations
with Taiwan.
PART 5—SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE

PROGRAMS WITH TAIWAN

Sec. 5528. Purposes.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
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36
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs with
Taiwan.
PART 6—UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION

Sec. 5538. Study on an infectious disease monitoring center.
PART 7—RULES OF CONSTRUCTION
Sec. 5539. Rule of construction.

Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B—United States-Ecuador Partnership Act of 2022

Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative foreign influ-
ence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C—FENTANYL Results Act

Sec. 5552. Prioritization of efforts of the Department of State to combat inter-
national trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of foreign law
enforcement agencies with respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to illicit
use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Subtitle D—International Pandemic Preparedness
Sec. 5559.
Short title.
Sec. 5560.
Definitions.
Sec. 5561.
Enhancing the United States’ international response to pandemics.
Sec. 5562.
International pandemic prevention and preparedness.
Sec. 5563.
Financial Intermediary Fund for Pandemic Prevention, Prepared-
ness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Subtitle E—Burma Act of 2022
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PART 1—MATTERS RELATING TO THE CONFLICT IN BURMA
Sec. 5569. Statement of policy.
PART 2—SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA

Sec. 5571. Imposition of sanctions with respect to human rights abuses and
perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to Burma.
Sec. 5574. Sunset.
PART 3—AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR

BURMA
Sec. 5575. General authorization of appropriations.

Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
PART 4—EFFORTS AGAINST HUMAN RIGHTS ABUSES
Sec. 5578. Authorization to provide technical assistance for efforts against

human rights abuses.
PART 5—SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F—Promotion of Freedom of Information and Countering of

Censorship and Surveillance in North Korea
Sec. 5580.
Short title.
Sec. 5581.
Findings; sense of Congress.
Sec. 5582.
Statement of policy.
Sec. 5583.
United States strategy to combat North Korea’s repressive informa-
tion environment.
Sec. 5584. Promoting freedom of information and countering censorship and
surveillance in North Korea.
Sec. 5585. Congressional notification for rewards paid using cryptocurrencies.

Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef Conservation
Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or transfer
of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic Republic of
Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act of
2022.
Subtitle H—Reports
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38
Sec. 5594.
Modification to peacekeeping operations report.
Sec. 5595.
Report on Indo-Pacific region.
Sec. 5596.
Report on humanitarian situation and food security in Lebanon.
Sec. 5597.
Statement of policy and report on engaging with Niger.
Sec. 5598.
Report on bilateral security and law enforcement cooperation with
Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its unprovoked
invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and participation in
the international counterterrorism academy in Côte d’Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family mem-
bers in North Korea.
Subtitle I—Sense of Congress Provisions
Sec. 5599C.
Sense of Congress regarding the status of China.
Sec. 5599D.
Sense of Congress regarding Israel.
Sec. 5599E.
Sense of Congress relating to the NATO Parliamentary Assembly.
Sec. 5599F.
Condemning detention and indictment of Russian opposition leader
Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons by
Iran.
TITLE LVI—TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.

Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
TITLE LVII—FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian Development
Bank assistance to the People’s Republic of China.
Sec. 5702. Support for international initiatives to provide debt restructuring
or relief to developing countries with unsustainable levels of
debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
TITLE LVIII—FINANCIAL DATA TRANSPARENCY
Subtitle A—Data Standards for Covered Agencies; Department of the

Treasury Rulemaking
Sec. 5811. Data standards.

Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B—Securities and Exchange Commission
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39
Sec. 5821. Data standards requirements for the Securities and Exchange Com-
mission.
Sec. 5822. Open data publication by the Securities and Exchange Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification at the
Securities and Exchange Commission; sunset.
Subtitle C—Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance Corpora-
tion.
Sec. 5833. Rulemaking.
Subtitle D—Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the Of-
fice of the Comptroller of the Currency.
Subtitle E—Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the Bu-
reau of Consumer Financial Protection.
Subtitle F—Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the Federal Re-
serve System.
Subtitle G—National Credit Union Administration
Sec. 5871. Data standards.

Sec. 5872. Open data publication by the National Credit Union Administration.
Subtitle H—Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Subtitle I—Miscellaneous
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40
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
TITLE LIX—OTHER MATTERS
Subtitle A—Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the

Northern Mariana Islands for certain nonimmigrant H–2B
workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E–1 and E–2
nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors’ bill of rights.
Sec. 5904. Extending the statute of limitations for certain money laundering
offenses.
Subtitle B—Science, Space, and Technology Matters

Sec. 5911. Financial assistance for construction of test beds and specialized fa-
cilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed ledger
technology.
Sec. 5914. Technical corrections.
Subtitle C—FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D—Judicial Security and Privacy

Sec. 5932. Findings and purpose.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Sec. 5941. Secretary of Agriculture report on improving supply chain shortfalls

and infrastructure needs at wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of Reclama-
tion dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration prop-
erty in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-bind-
ing instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
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DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2023
Sec. 6001. Short title; table of contents.

Sec. 6003. Explanatory statement.
TITLE LXI—INTELLIGENCE ACTIVITIES

Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by law.
TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT

AND DISABILITY SYSTEM
TITLE LXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment activities by

former intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for intelligence
community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement jurisdic-
tion to facilities of Office of Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller Gen-
eral of the United States for the Director of National Intel-
ligence.
Sec. 6305. Timely submission of classified intelligence budget justification ma-
terials.
Sec. 6306. Copyright protection for civilian faculty of the National Intelligence
University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel of intel-
ligence community in positions highly vulnerable to cyber at-
tack.
Sec. 6309. Enforcement of cybersecurity requirements for national security sys-
tems.
Sec. 6310. Review and briefing on intelligence community activities under Exec-
utive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for export
controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic stand-
ards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from proliferation
and use of foreign commercial spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
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42
TITLE LXIV—MATTERS RELATING TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director of Na-

tional Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence Priorities
Framework.
Sec. 6403. Disposition of records of Office of the Director of National Intel-
ligence.
Subtitle B—Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence Agency

functions.
Sec. 6412. Expansion of reporting requirements relating to authority to pay
personnel of Central Intelligence Agency for certain injuries to
the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide protection for
certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce wellbeing.
Subtitle C—Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence community.

Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D—Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance Office.

Sec. 6432. Establishment of advisory board for National Geospatial-Intelligence
Agency.
Sec. 6433. Elevation of the commercial and business operations office of the
National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership Pro-
gram.
Sec. 6436. Briefing on coordination between intelligence community and Bu-
reau of Industry and Security.
TITLE LXV—MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A—Intelligence Matters Relating to the People’s Republic of China
Sec. 6501. Report on wealth and corrupt activities of the leadership of the Chi-
nese Communist Party.
Sec. 6502. Identification and threat assessment of companies with investments
by the People’s Republic of China.
Sec. 6503. Intelligence community working group for monitoring the economic
and technological capabilities of the People’s Republic of
China.
Sec. 6504. Annual report on concentrated reeducation camps in the Xinjiang
Uyghur Autonomous Region of the People’s Republic of China.
Sec. 6505. Assessments of production of semiconductors by the People’s Repub-
lic of China.
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43
Subtitle B—Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile systems by

Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities account-
ability.
Sec. 6513. Lead intelligence community coordinator for countering and neutral-
izing proliferation of Iran-origin unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department of
Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of advertisement
technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone as-
sets.
Sec. 6521.
Report on assessing will to fight.
Sec. 6522.
Report on threat from hypersonic weapons.
Sec. 6523.
Report on ordnance of Russia and China.
Sec. 6524.
Report on activities of China and Russia targeting Latin America
and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence community
for atrocity prevention and accountability.
TITLE LXVI—INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.

Sec. 6602. Report on legislative action required to implement Trusted Work-
force 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of ad-
ministration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified informa-
tion for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of covered
insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use of
space certified as sensitive compartmented information facili-
ties.
Sec. 6608. Improving prohibition of certain personnel practices in intelligence
community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and information of
urgent concern received by inspectors general of the intel-
ligence community.
TITLE LXVII—MATTERS RELATING TO EMERGING

TECHNOLOGIES
Subtitle A—General Matters

Sec. 6702. Additional responsibilities of Director of National Intelligence for ar-
tificial intelligence policies, standards, and guidance for the in-
telligence community.
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44
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B—Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.

Sec. 6712. Implementation plan and advisability study for offices of commercial
integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility access
by certain contractors; reports on expansion of security clear-
ances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal
Acquisition Regulation relating to commercially available off-
the-shelf items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for ar-
tificial intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software sys-
tems.
Subtitle C—Reports
Sec. 6721. Reports on integration of artificial intelligence within intelligence

community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence commu-
nity relating to science, technology, engineering, and math, and
related areas.
Subtitle D—Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.

Sec. 6732. Emerging technology education and training.
Sec. 6741. Improvements to use of commercial software products.

Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII—OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil Liberties

Oversight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anom-
alous phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings on
unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of synthetic
opioids.
Sec. 6805. Assessment and report on mass migration in the Western Hemi-
sphere.
Sec. 6806. Report on international norms, rules, and principles applicable in
space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect to the
Russian Federation’s invasion of Ukraine.
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45
Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food secu-
rity.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to
undertake an effort to identify International Mobile Subscriber
Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research assess-
ment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing require-
ments.
Sec. 6812. Increased intelligence-related engineering, research, and development
capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under Trusted
Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National Geospatial-Intel-
ligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information in per-
sonnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to digital en-
gineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence activities.
Sec. 6820. Report on declassification efforts of Central Intelligence Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding con-
trolled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
DIVISION G—HOMELAND SECURITY
TITLE LXXI—HOMELAND SECURITY MATTERS
Subtitle A—Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit Security

Grant Program of the Department of Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B—Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.

Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protégé program.
Sec. 7116. DHS economic security council.
Subtitle C—Enhancing Cybersecurity Training and Operations
Sec. 7121. President’s Cup Cybersecurity Competition.

Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
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46
Sec. 7124. Report on cybersecurity roles and responsibilities of the Department
of Homeland Security.
Subtitle D—Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages to ad-
vance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to deter
vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection per-
sonnel on the use of containment devices to prevent secondary
exposure to fentanyl and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug interdiction at
and between ports of entry.
Subtitle E—Technical Corrections, Conforming Changes, and Improvements

Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
TITLE LXXII—GOVERNMENTAL AFFAIRS
Subtitle A—Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A—Improving Government for America’s Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority rec-

ommendations.
Subtitle B—Advancing American AI Act

Sec. 7222. Purposes.
Sec. 7224. Principles and policies for use of artificial intelligence in Govern-
ment.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial intelligence
capabilities to demonstrate modernization activities related to
use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C—Strategic EV Management
Sec. 7231. Short Title.

Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D—Congressionally Mandated Reports

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47
Sec. 7243. Establishment of online portal for congressionally mandated reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
TITLE LXXIII—TRANSPORTATION AND INFRASTRUCTURE

MATTERS
Subtitle A—Global Catastrophic Risk Management Act of 2022

Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Subtitle B—Technological Hazards Preparedness and Training

Sec. 7313. Assistance and training for communities with technological hazards
and related emerging threats.
Sec. 7315. Savings provision.
Sec. 7321. Crisis counseling assistance and training.
DIVISION H—WATER RESOURCES
TITLE LXXXI—WATER RESOURCES DEVELOPMENT ACT OF 2022

Sec. 8002. Secretary defined.
Subtitle A—General Provisions
Sec. 8101. Federal breakwaters and jetties.

Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian Tribes.
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48
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities; outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from appropria-
tion for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small, remote,
and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake Okeechobee,
Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the Great
Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or rehabilita-
tion of certain public recreation facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of recreation
sites.
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49
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B—Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.

Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and maintenance
responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in Appa-
lachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek, California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley, Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine–Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and testing ca-
pacity.
Sec. 8231. Report on socially and economically disadvantaged small business
concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of open
space, recreational areas, and habitat associated with project
lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources develop-
ment projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration services
on lands owned by the Corps of Engineers.
Subtitle C—Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.

Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
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50
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and ice
and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver Counties,
Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles County
Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County, California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin, California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and Illinois
Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas
Levees units, Missouri River and tributaries at Kansas Cities,
Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation and
demonstration projects.
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51
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa, and Ne-
braska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New Mex-
ico.
Sec. 8356. Ecosystem restoration, Hudson–Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D—Water Resources Infrastructure
Sec. 8401. Project authorizations.

Sec. 8402. Special rules.
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52
Sec. 8403. Facility investment.
TITLE LXXXV—CLEAN WATER
Sec. 8501. Regional water programs.

Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
DIVISION I—DEPARTMENT OF STATE AUTHORIZATIONS

TITLE XCI—ORGANIZATION AND OPERATIONS OF THE

DEPARTMENT OF STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and Compli-
ance and the Bureau of International Security and Non-
proliferation.
Sec. 9102. Notification to Congress for United States nationals unlawfully or
wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the Department of
State’s Unit for Subnational Diplomacy.
TITLE XCII—PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.

Sec. 9202. Improvements to the prevention of, and the response to, harassment,
discrimination, sexual assault, and related retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and tech-
nology fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and investiga-
tions.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional develop-
ment for Foreign Service and Civil Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges and im-
munities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station (PCS) or-
ders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at the
Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain monthly
workers’ compensation payments and other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
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53
Sec. 9219. Dignity for people with disabilities serving in the Foreign Service.
Sec. 9220. Expanding scope of fellowship programs to include civil servants.
TITLE XCIII—EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and Counterterrorism

Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands,
Kiribati, and Tonga and a diplomatic presence in Vanuatu.
TITLE XCIV—A DIVERSE WORKFORCE: RECRUITMENT,

RETENTION, AND PROMOTION
Sec. 9401. Report on barriers to applying for employment with the Department
of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department of
State workforce.
TITLE XCV—INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9501. United States international cyberspace policy.

Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
Sec. 9508. Establishment and expansion of Regional Technology Officer Pro-
gram.
Sec. 9509. Vulnerability disclosure policy and bug bounty program report.
TITLE XCVI—PUBLIC DIPLOMACY
Sec. 9601. United States participation in international fairs and expositions.

Sec. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Sec. 9603. Report on public diplomacy.
Sec. 9604. Promoting peace, education, and cultural exchange through music
diplomacy.
TITLE XCVII—OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by inter-

national organizations.
Sec. 9702. Increasing housing availability for certain employees assigned to the
United States Mission to the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping oper-
ations not authorized by the United Nations Security Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the
Middle East Broadcasting Networks, and the Open Technology
Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into a single
private, nonprofit corporation.
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Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control Re-
form Act.
Sec. 9709. Increasing the maximum annual lease payment available without ap-
proval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources abroad.
Sec. 9711. Overseas United States strategic infrastructure development
projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications through
United States Postal Service certified mail.
Sec. 9715. Report on distribution of personnel and resources related to ordered
departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under Domes-
tic Employee Teleworking Overseas agreements.
Sec. 9718. Report on countering the activities of malign actors.
TITLE XCVIII—EXTENSION OF AUTHORITIES
Sec. 9801. Diplomatic facilities.

Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of
State.
DIVISION J—OCEANS AND ATMOSPHERE
Sec. 10000. Table of contents.
TITLE C—CORAL REEF CONSERVATION
Subtitle A—Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B—United States Coral Reef Task Force
Sec. 10011. Establishment.

Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Subtitle C—Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D—Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI—BOLSTERING LONG-TERM UNDERSTANDING AND EX-

PLORATION OF THE GREAT LAKES, OCEANS, BAYS, AND ESTU-
ARIES
Sec. 10101. Purpose.
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Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII—REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.

Sec. 10202. Regional Ocean Partnerships.
TITLE CIII—NATIONAL OCEAN EXPLORATION

Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization Coun-
cil.
Sec. 10305. Modifications to the ocean exploration program of the National
Oceanic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the Na-
tional Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of 1998.
TITLE CIV—MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.

Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10411. Study on marine mammal mortality.
TITLE CV—VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and Monitoring

System.
TITLE CVI—LEARNING EXCELLENCE AND GOOD EXAMPLES

FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
DIVISION K—DON YOUNG COAST GUARD AUTHORIZATION ACT OF

2022

TITLE CXI—AUTHORIZATIONS
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Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction im-
provement.
TITLE CXII—COAST GUARD
Subtitle A—Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.

Sec. 11202. Report and briefing on resourcing strategy for Western Pacific re-
gion.
Sec. 11203. Study and report on national security and drug trafficking threats
in Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts and
grants to procure cost-effective technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness through
condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E–LORAN.
Subtitle B—Great Lakes
Sec. 11212. Great Lakes winter commerce.

Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet mis-
sion demands.
Subtitle C—Arctic
Sec. 11218. Establishment of medium icebreaker program office.

Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D—Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.

Sec. 11225. Establishment of unmanned system program and autonomous con-
trol and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and establishment of
performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
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Sec. 11230. Study on cyber threats to United States marine transportation sys-
tem.
Subtitle E—Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program authoriza-

tion and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft and strat-
egy for Coast Guard Aviation.
Subtitle F—Workforce Readiness
Sec. 11234. Authorized strength.

Sec. 11235. Continuation of officers with certain critical skills on active duty.
Sec. 11236. Number and distribution of officers on active duty promotion list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend officers of
particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain per-
sonnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers’ Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic minori-
ties among Coast Guard active-duty members.
Sec. 11249. Strategy to enhance diversity through recruitment and accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard per-
sonnel.
Subtitle G—Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of foreign-

Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at Port
Mansfield.
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Sec. 11266. Procurement of tethered aerostat radar system for Coast Guard
Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities associated
with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing for
fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H—Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.

Sec. 11273. Policy on requests for permanent changes of station or unit trans-
fers by persons who report being the victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims’ Counsel program.
TITLE CXIII—ENVIRONMENT
Subtitle A—Marine Mammals

Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and port op-
erations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound re-
gion.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B—Oil Spills
Sec. 11306. Report on changing salvors.

Sec. 11307. Limited indemnity provisions in standby oil spill response con-
tracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C—Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established anchor-

age grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and rec-
reational fisheries from development of renewable energy on
West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking fish-
ing gear.
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Subtitle D—Environmental Issues
Sec. 11321. Notification of communication outages.

Sec. 11322. Improvements to communication with fishing industry and related
stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust Fund
administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase energy
production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E—Illegal Fishing and Forced Labor Prevention
CHAPTER 1—COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT

MONITORING
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set

in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
CHAPTER 2—STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO

COMBAT HUMAN TRAFFICKING
Sec. 11336. Denial of port privileges.

Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV—SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A—Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.

Sec. 11402. Armed Forces access to Coast Guard child development services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B—Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.

Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or traumatic
brain injury.
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Sec. 11411. Improvements to Physical Disability Evaluation System and transi-
tion program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast
Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C—Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted members of
Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D—Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard per-
sonnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV—MARITIME
Subtitle A—Vessel Safety
Sec. 11501.
Responses to safety recommendations.
Sec. 11502.
Requirements for DUKW amphibious passenger vessels.
Sec. 11503.
Exoneration and limitation of liability for small passenger vessels.
Sec. 11504.
At-sea recovery operations pilot program.
Sec. 11505.
Historic wood sailing vessels.
Sec. 11506.
Certificates of numbers for undocumented vessels.
Sec. 11507.
Comptroller General review and report on Coast Guard oversight
of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B—Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.

Sec. 11512. Assessment regarding application process for merchant mariner
credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11516.
Nonoperating individual.
Sec. 11517.
Oceanographic research vessels.
Sec. 11518.
Port access routes briefing.
Sec. 11519.
Definition of stateless vessel.
Sec. 11520.
Limitation on recovery for certain injuries incurred in aquaculture
activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
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Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI—SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE

Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for suspension or
revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII—NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION
Subtitle A—National Oceanic and Atmospheric Administration Commissioned

Officer Corps
Sec. 11701.
Definitions.
Sec. 11702.
Requirement for appointments.
Sec. 11703.
Repeal of requirement to promote ensigns after 3 years of service.
Sec. 11704.
Authority to provide awards and decorations.
Sec. 11705.
Retirement and separation.
Sec. 11706.
Improving professional mariner staffing.
Sec. 11707.
Legal assistance.
Sec. 11708.
Acquisition of aircraft for agency air, atmosphere, and weather re-
connaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B—Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and Atmos-

pheric Administration in Juneau, Alaska.
TITLE CXVIII—TECHNICAL, CONFORMING, AND CLARIFYING

AMENDMENTS
Sec. 11801. Terms and vacancies.

Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11804. Transportation worker identification credential technical amend-
ments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
2 In this Act, the term ‘‘congressional defense commit-

3 tees’’ has the meaning given that term in section
4 101(a)(16) of title 10, United States Code.
5 SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
6 The budgetary effects of this Act, for the purpose of

7 complying with the Statutory Pay-As-You-Go Act of 2010,
8 shall be determined by reference to the latest statement
9 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this
10 Act, jointly submitted for printing in the Congressional
11 Record by the Chairmen of the House and Senate Budget
12 Committees, provided that such statement has been sub-
13 mitted prior to the vote on passage in the House acting
14 first on the conference report or amendment between the
15 Houses.
16 SEC. 5. EXPLANATORY STATEMENT.
17 The explanatory statement regarding this Act, print-

18 ed in the House section of the Congressional Record on
19 or about December 7, 2022, by the Chairman of the Com-
20 mittee on Armed Services of the House of Representatives
21 and the Chairman of the Committee on Armed Services
22 of the Senate, shall have the same effect with respect to
23 the implementation of this Act as if it were a joint explan-
24 atory statement of a committee of conference.
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1 DIVISION A—DEPARTMENT OF
2 DEFENSE AUTHORIZATIONS
3 TITLE I—PROCUREMENT
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery how-

itzers.
Subtitle C—Navy Programs
Sec. 121. Requirements relating to EA–18G aircraft of the Navy.

Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy port water-
borne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet configuration
of E–6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH–53K heavy lift helicopter program.
Sec. 128. Procurement authorities for John Lewis-class fleet replenishment
oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding pro-
grams.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer pro-
gram.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class ves-
sels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
Subtitle D—Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the combat air
forces.
Sec. 142. Inventory and other requirements relating to air refueling tanker air-
craft.
Sec. 143. Requirements relating to F–22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions to B–
1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E–8C force presentation requirement.
Sec. 146. Minimum inventory of C–130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 148. Prohibition on availability of funds for termination of production lines
for HH–60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warn-
ing and control system aircraft.
Sec. 150. Limitation on divestment of F–15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T–38A air-
craft.
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Sec. 152. Procurement authority for digital mission operations platform for the
Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and rescue
mission of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 156. Annual reports on T–7A Advanced Pilot Training System.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter threats
posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft industrial
base.
Sec. 164. Comptroller General audit of efforts to modernize the propulsion,
power, and thermal management systems of F–35 aircraft.
1 Subtitle A—Authorization of
2 Appropriations
3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
4 Funds are hereby authorized to be appropriated for

5 fiscal year 2023 for procurement for the Army, the Navy
6 and the Marine Corps, the Air Force and the Space Force,
7 and Defense-wide activities, as specified in the funding
8 table in section 4101.
9 Subtitle B—Army Programs
10 SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED
11 RANGE CANNON ARTILLERY HOWITZERS.
12 (a) LIMITATIONS.—In carrying out the acquisition of

13 Extended Range Cannon Artillery howitzers, the Secretary
14 of the Army shall—
15 (1) limit production of prototype Extended
16 Range Cannon Artillery howitzers to not more than
17 20;
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1 (2) compare the cost and value to the United
2 States Government of a Paladin Integrated Manage-
3 ment-modification production approach with a new-
4 build production approach;
5 (3) include in any cost analysis or compari-
6 son—
7 (A) the monetary value of a Paladin how-
8 itzer that may be modified to produce an Ex-
9 tended Range Cannon Artillery howitzer; and
10 (B) the monetary value of leveraging gov-
11 ernment-owned infrastructure to facilitate the
12 modification;
13 (4) use a full and open competitive approach
14 using best value criteria for post-prototype produc-
15 tion source selection; and
16 (5) base any production strategy and source se-
17 lection decisions on a full understanding of the cost
18 of production, including—
19 (A) the comparison of production ap-
20 proaches described in paragraph (2); and
21 (B) any cost analysis or comparison de-
22 scribed in paragraph (3).
23 (b) CERTIFICATION.—Before issuing a request for
24 proposal for the post-prototype production of an Extended
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1 Range Cannon Artillery howitzer, the Secretary of the
2 Army shall—
3 (1) certify to the congressional defense commit-
4 tees that the acquisition strategy upon which the re-
5 quest for proposal is based complies with the re-
6 quirements of subsection (a); and
7 (2) provide to the congressional defense com-
8 mittees a briefing on that acquisition strategy and
9 the relevant cost and value comparison described in
10 subsection (a)(2).
11 (c) INCLUSION OF CERTAIN INFORMATION IN BUDG-
12 ET MATERIALS.—The Secretary of the Army shall ensure
13 that the cost of procuring Paladin howitzers to be modified
14 for post-prototype production of Extended Range Cannon
15 Artillery howitzers is included—
16 (1) in the materials relating to the Extended
17 Range Cannon Artillery program submitted in sup-
18 port of the budget of the President (as submitted to
19 Congress under section 1105(a) of title 31, United
20 States Code) for each fiscal year in which such pro-
21 gram is carried out; and
22 (2) in any budget briefings concerning such
23 program.
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1 Subtitle C—Navy Programs
2 SEC. 121. REQUIREMENTS RELATING TO EA–18G AIRCRAFT
3 OF THE NAVY.
4 (a) LIMITATIONS AND MINIMUM INVENTORY RE-

5 QUIREMENTS.—Section 8062 of title 10, United States
6 Code, is amended—
7 (1) by redesignating subsection (f) as sub-
8 section (g); and
9 (2) by inserting after subsection (e) the fol-
10 lowing new subsection:
11 ‘‘(f)(1)(A) During the period beginning on the date
12 of the enactment of the National Defense Authorization
13 Act for Fiscal Year 2023 and ending on September 30,
14 2027, the Secretary of the Navy may not—
15 ‘‘(i) retire an EA–18G aircraft;
16 ‘‘(ii) reduce funding for unit personnel
17 or weapon system sustainment activities
18 for EA–18G aircraft in a manner that pre-
19 sumes future congressional authority to di-
20 vest such aircraft;
21 ‘‘(iii) place an EA–18G aircraft in ac-
22 tive storage status or inactive storage sta-
23 tus; or
24 ‘‘(iv) keep an EA–18G aircraft in a
25 status considered excess to the require-
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1 ments of the possessing command and
2 awaiting disposition instructions.
3 ‘‘(B) The prohibition under subparagraph (A)
4 shall not apply to individual EA–18G aircraft that
5 the Secretary of the Navy determines, on a case-by-
6 case basis, to be no longer mission capable and un-
7 economical to repair because of aircraft accidents or
8 mishaps.
9 ‘‘(2)(A) The Secretary of the Navy shall maintain a
10 total aircraft inventory of EA–18G aircraft of not less
11 than 158 aircraft, of which not less than 126 aircraft shall
12 be coded as primary mission aircraft inventory.
13 ‘‘(B) The Secretary of the Navy may reduce the num-
14 ber of EA–18G aircraft in the inventory of the Navy below
15 the minimum number specified in subparagraph (A) if the
16 Secretary determines, on a case-by-case basis, that an air-
17 craft is no longer mission capable and uneconomical to re-
18 pair because of aircraft accidents or mishaps.
19 ‘‘(C) In this paragraph, the term ‘primary mission
20 aircraft inventory’ means aircraft assigned to meet the
21 primary aircraft authorization—
22 ‘‘(i) to a unit for the performance of its war-
23 time mission;
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1 ‘‘(ii) to a training unit for technical and special-
2 ized training for crew personnel or leading to air-
3 crew qualification;
4 ‘‘(iii) to a test unit for testing of the aircraft
5 or its components for purposes of research, develop-
6 ment, test, and evaluation, operational test and eval-
7 uation, or to support testing programs; or
8 ‘‘(iv) to meet requirements for missions not oth-
9 erwise specified in clauses (i) through (iii).’’.
10 (b) REPORT REQUIRED.—Not later than 180 days
11 after the date of the enactment of this Act, the Secretary
12 of the Navy and the Secretary of the Air Force shall joint-
13 ly submit to the congressional defense committees a report
14 that includes a strategy and execution plan for continu-
15 ously and effectively meeting the airborne electronic attack
16 training and combat requirements of the joint force. At
17 a minimum, the strategy and execution plan shall provide
18 for—
19 (1) the integration and utilization of both re-
20 serve and active duty component forces and re-
21 sources within the Department of the Navy and the
22 Department of the Air Force; and
23 (2) the establishment or continuation of one or
24 more joint service expeditionary, land-based elec-
25 tronic attack squadrons that equal or exceed the ca-
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1 pacity and capability of such squadrons in effect as
2 of the date of the enactment of this Act.
3 SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOP-
4 MENT SPECIAL INCENTIVE.
5 (a) IN GENERAL.—Chapter 863 of title 10, United

6 States Code, is amended by adding at the end the fol-
7 lowing new section:
8 ‘‘SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOP-
9 MENT SPECIAL INCENTIVE.
10 ‘‘(a) REQUIREMENT.—
11 ‘‘(1) IN GENERAL.—The Secretary of the Navy
12 shall include in any solicitation for a covered con-
13 tract a special incentive for workforce development
14 that funds one or more workforce development ac-
15 tivities described in subsection (c).
16 ‘‘(2) AMOUNT OF SPECIAL INCENTIVE.—The
17 amount of a special incentive required under sub-

18 section (a)(1) shall be equal to not less than one
19 quarter of one percent and not more than one per-
20 cent of the estimated cost of the covered contract.
21 ‘‘(3) WAIVER.—
22 ‘‘(A) IN GENERAL.—The Secretary of the
23 Navy may waive one or more of the require-
24 ments of this section if the Secretary deter-
25 mines—
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1 ‘‘(i) unreasonable cost or delay would
2 be incurred by complying with such re-
3 quirements;
4 ‘‘(ii) existing workforce development
5 initiatives are sufficient to meet workforce
6 needs;
7 ‘‘(iii) there are minimal workforce de-
8 velopment issues to be addressed; or
9 ‘‘(iv) it is not in the national security
10 interests of the United States to comply
11 with such requirements.
12 ‘‘(B) NOTICE TO CONGRESS.—Not less
13 than 30 days prior to issuing a waiver under
14 subparagraph (A), the Secretary of the Navy
15 shall submit to the congressional defense com-
16 mittees written notice of the intent of the Sec-
17 retary to issue such a waiver. Such notice shall
18 specify the basis for such waiver and include a
19 detailed explanation of the reasons for issuing
20 the waiver.
21 ‘‘(b) MATCHING CONTRIBUTION REQUIREMENT.—
22 ‘‘(1) IN GENERAL.—Funds for a special incen-
23 tive for workforce development required under sub-
24 section (a)(1) may be expended only—
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1 ‘‘(A) on or after the date on which the
2 service acquisition executive of the Navy re-
3 ceives a written commitment from one or more
4 entities described in paragraph (2) of separate
5 and distinct cumulative monetary contributions
6 to be made on or after the date of such commit-
7 ment for workforce development; and
8 ‘‘(B) in an amount that is equal to the ag-
9 gregate amount of all monetary contributions
10 from entities that made commitments under
11 subparagraph (A) not to exceed the amount of
12 funding made available for the special incentive
13 under subsection (a)(2).
14 ‘‘(2) ENTITIES DESCRIBED.—The entities de-
15 scribed in this paragraph are the following:
16 ‘‘(A) The prime contractor that was
17 awarded a covered contract.
18 ‘‘(B) A qualified subcontractor.
19 ‘‘(C) A State government or other State
20 entity.
21 ‘‘(D) A county government or other county
22 entity.
23 ‘‘(E) A local government or other local en-
24 tity.
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1 ‘‘(F) An industry association, organization,
2 or consortium that directly supports workforce
3 development.
4 ‘‘(3) SPECIAL RULE.—In a case in which the
5 aggregate amount of all monetary contributions
6 from entities that made commitments under para-
7 graph (1)(A) is less than the minimum amount spec-
8 ified for the special incentive under subsection
9 (a)(2), funds for the special incentive may be ex-
10 pended in an amount equal to such lesser amount.
11 ‘‘(c) AUTHORIZED ACTIVITIES.—
12 ‘‘(1) IN GENERAL.—Funds for a special incen-
13 tive for workforce development required under sub-
14 section (a)(1) may be obligated or expended only to
15 provide for the activities described in paragraph (2)
16 in support of the production and production support
17 workforce of the prime contractor concerned or a
18 qualified subcontractor concerned.
19 ‘‘(2) ACTIVITIES DESCRIBED.—The activities
20 described in this paragraph are the following:
21 ‘‘(A) The creation of short- and long-term
22 workforce housing, transportation, and other
23 support services to facilitate attraction, reloca-
24 tion, and retention of workers.
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1 ‘‘(B) The expansion of local talent pipeline
2 programs for both new and existing workers.
3 ‘‘(C) Investments in long-term outreach in
4 middle school and high school programs, specifi-
5 cally career and technical education programs,
6 to promote and develop manufacturing skills.
7 ‘‘(D) The development or modification of
8 facilities for the primary purpose of workforce
9 development.
10 ‘‘(E) Payment of direct costs attributable
11 to workforce development.
12 ‘‘(F) Attraction and retention bonus pro-
13 grams.
14 ‘‘(G) On-the-job training to develop key
15 manufacturing skills.
16 ‘‘(d) APPROVAL REQUIREMENT.—The service acqui-
17 sition executive of the Navy shall—
18 ‘‘(1) provide the final approval of the use of
19 funds for a special incentive for workforce develop-
20 ment required under subsection (a)(1); and
21 ‘‘(2) not later than 30 days after the date on
22 which such approval is provided, certify to the con-
23 gressional defense committees compliance with the
24 requirements of subsections (b) and (c), including—
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1 ‘‘(A) a detailed explanation of such compli-
2 ance; and
3 ‘‘(B) the associated benefits to—
4 ‘‘(i) the Federal Government; and
5 ‘‘(ii) the shipbuilding industrial base
6 of the Navy.
7 ‘‘(e) DEFINITIONS.—In this section:
8 ‘‘(1) The term ‘covered contract’ means a prime
9 contract for the construction of a naval vessel fund-
10 ed using amounts appropriated or otherwise made
11 available for Shipbuilding and Conversion, Navy.
12 ‘‘(2) The term ‘qualified subcontractor’ means
13 a subcontractor that will deliver the vessel or vessels
14 awarded under a covered contract to the Navy.’’.
15 (b) CLERICAL AMENDMENT.—The table of sections
16 at the beginning of chapter 863 of such title is amended
17 by adding at the end the following new item:
‘‘8696. Navy shipbuilding workforce development special incentive.’’.
18 (c) APPLICABILITY.—Section 8696 of title 10, United

19 States Code, as added by subsection (a), shall apply with
20 respect to—
21 (1) a solicitation for a covered contract (as de-
22 fined in subsection (e) of that section) made on or
23 after June 1, 2023; and
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1 (2) a solicitation or award of a covered con-
2 tract, if otherwise determined appropriate by the
3 Secretary of the Navy.
4 SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY
5 OF FUNDS FOR NAVY PORT WATERBORNE SE-
6 CURITY BARRIERS.
7 (a) IN GENERAL.—Subsection (a) of section 130 of

8 the John S. McCain National Defense Authorization Act
9 for Fiscal Year 2019 (Public Law 115–232; 132 Stat.
10 1665), as most recently amended by section 122 of the
11 National Defense Authorization Act for Fiscal Year 2022
12 (Public Law 117–81; 135 Stat. 1570), is further amended
13 by striking ‘‘for fiscal years 2019, 2020, 2021, or 2022’’
14 and inserting ‘‘for any of fiscal years 2019 through 2023’’.
15 (b) TECHNICAL AMENDMENT.—Subsection (b)(4) of
16 such section is amended by striking ‘‘section 2304’’ and
17 inserting ‘‘sections 3201 through 3205’’.
18 SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPA-
19 BILITIES AND FLEET CONFIGURATION OF E–
20 6B AIRCRAFT.
21 (a) LIMITATION.—Until the date on which the certifi-

22 cation described in subsection (b) is submitted to the con-
23 gressional defense committees, the Secretary of the
24 Navy—
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1 (1) may not retire, or prepare to retire, any E–
2 6B aircraft;
3 (2) shall maintain the fleet of E–6B aircraft in
4 the configuration in effect as of the date of the en-
5 actment of this Act; and
6 (3) shall ensure that E–6B aircraft continue to
7 meet the operational requirements of the combatant
8 commands that are met by such aircraft as of the
9 date of the enactment of this Act.
10 (b) CERTIFICATION DESCRIBED.—The certification
11 described in this subsection is a written certification from
12 the Chair of the Joint Requirements Oversight Council in-
13 dicating that the replacement capability for the E–6B air-
14 craft—
15 (1) will be fielded at the same time or before
16 the retirement of the first E–6B aircraft; and
17 (2) at the time such replacement capability
18 achieves initial operational capability, will have the
19 ability to meet the operational requirements of the
20 combatant commands that have been, or that are ex-
21 pected to be, assigned to such replacement capa-
22 bility.
23 (c) EXCEPTION.—The requirements of subsection (a)
24 shall not apply to an individual E–6B aircraft otherwise
25 required to be maintained by that subsection if the Sec-
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1 retary of the Navy determines, on a case-by-case basis,
2 that such aircraft is no longer mission capable due to a
3 mishap or other damage.
4 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR
5 ARLEIGH BURKE CLASS DESTROYERS.
6 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—

7 Subject to section 3501 of title 10, United States Code,
8 the Secretary of the Navy may enter into one or more
9 multiyear contracts for the procurement of up to 15
10 Arleigh Burke class Flight III guided missile destroyers.
11 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The
12 Secretary of the Navy may enter into one or more con-
13 tracts, beginning in fiscal year 2023, for advance procure-
14 ment associated with the destroyers for which authoriza-
15 tion to enter into a multiyear procurement contract is pro-
16 vided under subsection (a), and for systems and sub-
17 systems associated with such destroyers in economic order
18 quantities when cost savings are achievable.
19 (c) CONDITION FOR OUT-YEAR CONTRACT PAY-
20 MENTS.—A contract entered into under subsection (a)
21 shall provide that any obligation of the United States to
22 make a payment under the contract for a fiscal year after
23 fiscal year 2023 is subject to the availability of appropria-
24 tions or funds for that purpose for such later fiscal year.
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1 (d) MANDATORY INCLUSION OF PRE-PRICED OPTION
2 IN CERTAIN CIRCUMSTANCES.—
3 (1) IN GENERAL.—In the event the total base
4 quantity of destroyers to be procured through all
5 contracts entered into under subsection (a) is less
6 than 15, the Secretary of the Navy shall ensure that
7 one or more of the contracts includes a pre-priced
8 option for the procurement of additional destroyers
9 such that the sum of such base quantity and the
10 number of destroyers that may be procured through
11 the exercise of such options is equal to 15 destroy-
12 ers.
13 (2) DEFINITIONS.—In this subsection:
14 (A) The term ‘‘base quantity’’ means the
15 quantity of destroyers to be procured under a
16 contract entered into under subsection (a) ex-
17 cluding any quantity of destroyers that may be
18 procured through the exercise of an option that
19 may be part of such contract.
20 (B) The term ‘‘pre-priced option’’ means a
21 contract option for a contract entered into
22 under subsection (a) that, if exercised, would
23 allow the Secretary of the Navy to procure a
24 destroyer at a predetermined price specified in
25 such contract.
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1 (e) LIMITATION.—The Secretary of the Navy may
2 not modify a contract entered into under subsection (a)
3 if the modification would increase the target price of the
4 destroyer by more than 10 percent above the target price
5 specified in the original contract for the destroyer under
6 subsection (a).
7 SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE
8 CONNECTOR PROGRAM.
9 (a) CONTRACT AUTHORITY.—Beginning in fiscal

10 year 2023, the Secretary of the Navy may enter into one
11 or more contracts for the procurement of up to 25 Ship-
12 to-Shore Connector class craft and associated material.
13 (b) LIABILITY.—Any contract entered into under
14 subsection (a) shall provide that—
15 (1) any obligation of the United States to make
16 a payment under the contract is subject to the avail-
17 ability of appropriations for that purpose; and
18 (2) the total liability of the Federal Government
19 for termination of the contract shall be limited to
20 the total amount of funding obligated to the contract
21 at the time of termination.
22 (c) CERTIFICATION REQUIRED.—A contract may not
23 be entered into under subsection (a) unless the Secretary
24 of the Navy certifies to the congressional defense commit-
25 tees, in writing, not later than 30 days before entry into
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1 the contract, each of the following, which shall be prepared
2 by the milestone decision authority for the Ship-to-Shore
3 Connector program:
4 (1) The use of such a contract is consistent
5 with the Chief of Naval Operations’ projected force
6 structure requirements for Ship-to-Shore Connector
7 class craft.
8 (2) The use of such a contract will result in sig-
9 nificant savings compared to the total anticipated
10 costs of carrying out the program through annual
11 contracts. In certifying cost savings under the pre-
12 ceding sentence, the Secretary shall include a writ-
13 ten explanation of—
14 (A) the estimated end cost and appro-
15 priated funds by fiscal year, by craft, without
16 the authority provided in subsection (a);
17 (B) the estimated end cost and appro-
18 priated funds by fiscal year, by craft, with the
19 authority provided in subsection (a);
20 (C) the estimated cost savings or increase
21 by fiscal year, by craft, with the authority pro-
22 vided in subsection (a);
23 (D) the discrete actions that will accom-
24 plish such cost savings or avoidance; and
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1 (E) the contractual actions that will ensure
2 the estimated cost savings are realized.
3 (3) There is a reasonable expectation that
4 throughout the contemplated contract period the
5 Secretary of the Navy will request funding for the
6 contract at the level required to avoid contract can-
7 cellation.
8 (4) There is a stable design for the property to
9 be acquired and the technical risks associated with
10 such property are not excessive.
11 (5) The estimates of both the cost of the con-
12 tract and the anticipated cost avoidance through the
13 use of a contract authorized under subsection (a)
14 are realistic, including a description of the basis for
15 such estimates.
16 (6) The use of such a contract will promote the
17 national security of the United States.
18 (7) During the fiscal year in which such con-
19 tract is to be awarded, sufficient funds will be avail-
20 able to perform the contract in such fiscal year.
21 (d) MILESTONE DECISION AUTHORITY DEFINED.—
22 In this section, the term ‘‘milestone decision authority’’
23 has the meaning given that term in section 4251(d) of
24 title 10, United States Code.
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1 SEC. 127. PROCUREMENT AUTHORITY FOR CH–53K HEAVY
2 LIFT HELICOPTER PROGRAM.
3 (a) CONTRACT AUTHORITY.—During fiscal years

4 2023 and 2024, the Secretary of the Navy may enter into
5 one or more fixed-price contracts for the procurement of
6 airframes and engines in support of the CH–53K heavy
7 lift helicopter program (in this section referred to as the
8 ‘‘program’’).
9 (b) LIABILITY.—Any contract entered into under
10 subsection (a) shall provide that—
11 (1) any obligation of the United States to make
12 a payment under the contract is subject to the avail-
13 ability of appropriations for that purpose; and
14 (2) the total liability of the Federal Government
15 for termination of the contract shall be limited to
16 the total amount of funding obligated to the contract
17 at the time of termination.
18 (c) CERTIFICATION REQUIRED.—A contract may not
20 of Defense certifies to the congressional defense commit-
23 by the milestone decision authority (as defined in section
24 4251(d) of title 10, United States Code) for the program:
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5 (A) the estimated obligations and expendi-
6 tures by fiscal year for the program without the
8 (B) the estimated obligations and expendi-
9 tures by fiscal year for the program with the
12 by fiscal year for the program with the author-
13 ity provided in subsection (a);
20 Secretary of Defense will request funding for the
22 cellation.
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4 are realistic.
9 able to perform the contract in such fiscal year, and
10 the future-years defense program submitted to Con-
11 gress under section 221 of title 10, United States
12 Code, for such fiscal year will include the funding
13 required to execute the program without cancella-
14 tion.
15 SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-
16 CLASS FLEET REPLENISHMENT OILER SHIPS.
17 (a) CONTRACT AUTHORITY.—

18 (1) PROCUREMENT AUTHORIZED.—During fis-
19 cal years 2023 and 2024, the Secretary of the Navy
20 may enter into one or more contracts for the pro-
21 curement of not more than eight John Lewis-class
22 fleet replenishment oiler ships.
23 (2) PROCUREMENT IN CONJUNCTION WITH EX-
24 ISTING CONTRACTS.—The ships authorized to be

25 procured under paragraph (1) may be procured as
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1 additions to existing contracts covering the John
2 Lewis-class fleet replenishment oiler ship program.
3 (b) CERTIFICATION REQUIRED.—A contract may not
8 by the milestone decision authority for the John Lewis-
9 class fleet replenishment oiler ship program:
11 with the Department of the Navy’s projected force
12 structure requirements for such ships.
20 priated funds by fiscal year, by hull, without
23 priated funds by fiscal year, by hull, with the
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2 by fiscal year, by hull, with the authority pro-
3 vided in subsection (a);
10 Secretary of the Navy will request funding for the
12 cellation.
19 are realistic.
24 able to perform the contract in such fiscal year, and
25 the future-years defense program (as defined under
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1 section 221 of title 10, United States Code) for such
2 fiscal year will include the funding required to exe-
3 cute the program without cancellation.
4 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
6 tracts for advance procurement associated with a ship or
7 ships for which authorization to enter into a contract is
8 provided under subsection (a), and for systems and sub-
9 systems associated with such ships in economic order
11 (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
14 make a payment under the contract for a fiscal year is
15 subject to the availability of appropriations for that pur-
16 pose for such fiscal year.
17 (e) MILESTONE DECISION AUTHORITY DEFINED.—
18 In this section, the term ‘‘milestone decision authority’’
19 has the meaning given that term in section 4251(d) of
21 SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AM-
22 PHIBIOUS SHIPBUILDING PROGRAMS.
23 (a) CONTRACT AUTHORITY.—

24 (1) PROCUREMENT AUTHORIZED.—The Sec-
25 retary of the Navy may enter into one or more con-
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1 tracts for the procurement of up to five covered
2 ships.
4 ISTING CONTRACTS.—The ships authorized to be

6 additions to existing contracts covering programs for
7 covered ships.
8 (b) CERTIFICATION REQUIRED.—A contract may not
13 by the milestone decision authority for the covered ship
14 program concerned:
16 with the Commandant of the Marine Corps’ pro-
17 jected force structure requirements for amphibious
18 ships.
19 (2) The use of such a contract will result in
20 savings compared to the total anticipated costs of
21 carrying out the program through annual contracts.
22 In certifying cost savings under the preceding sen-
23 tence, the Secretary shall include a written expla-
24 nation of—
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2 priated funds by fiscal year, by hull, without
5 priated funds by fiscal year, by hull, with the
8 by fiscal year, by hull, with the authority pro-
9 vided in subsection (a); and
10 (D) the contractual actions that will ensure
12 (3) The Secretary of the Navy has a reasonable
13 expectation that throughout the contemplated con-
14 tract period funding will be available for the contract
15 at the level required to avoid contract cancellation.
22 are realistic.
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3 able to perform the contract in such fiscal year.
4 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
6 tracts for advance procurement associated with a ship or
7 ships for which authorization to enter into a contract is
8 provided under subsection (a), and for systems and sub-
9 systems associated with such ships in economic order
11 (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
14 make a payment under the contract for a fiscal year is
15 subject to the availability of appropriations for that pur-
16 pose for such fiscal year.
17 (e) TERMINATION.—The authority of the Secretary
18 of the Navy to enter into contracts under subsection (a)
19 shall terminate on September 30, 2026.
20 (f) DEFINITIONS.—In this section:
21 (1) The term ‘‘covered ship’’ means a San An-
22 tonio-class or America-class ship.
23 (2) The term ‘‘milestone decision authority’’
24 has the meaning given that term in section 4251(d)
25 of title 10, United States Code.
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1 SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF
2 THE DDG(X) DESTROYER PROGRAM.
3 (a) IN GENERAL.—If the milestone decision authority

4 of the covered program elects to use source selection pro-
5 cedures for the detailed design and construction of the
6 covered program other than those specified in section
7 3201 of title 10, United States Code, the Secretary of the
8 Navy—
9 (1) with respect to prime contracts for concept
10 design, preliminary design, and contract design for
11 the covered program—
12 (A) shall award such contracts to eligible
13 shipbuilders; and
14 (B) may award such contracts to other
15 contractors;
16 (2) shall award prime contracts for detailed de-
17 sign and construction for the covered program only
18 to eligible shipbuilders; and
19 (3) shall allocate only one vessel in the covered
20 program to each eligible shipbuilder that is awarded
21 a prime contract under paragraph (2).
22 (b) COLLABORATION REQUIREMENT.—The Secretary
23 of the Navy shall maximize collaboration among the Fed-
24 eral Government and eligible shipbuilders throughout the
25 design and development phases of the covered program,
26 including—
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1 (1) using a common design tool; and
2 (2) sharing production lessons learned.
3 (c) COMPETITIVE INCENTIVE REQUIREMENT.—The
4 Secretary of the Navy shall provide for competitive incen-
5 tives for eligible shipbuilders and other contractors
6 throughout the design, development, and production
7 phases of the covered program, including the following:
8 (1) Allocation of design labor hours, provided
9 that no eligible shipbuilder has fewer than 30 per-
10 cent of aggregate design labor hours for any phase
11 of vessel design for the covered program.
12 (2) Allocation of the lead ship in the covered
13 program.
14 (3) To the maximum extent practicable, com-
15 petitive solicitations for vessel procurement under
16 the covered program.
17 (d) TECHNOLOGY MATURATION REQUIREMENTS.—
18 The Secretary of the Navy shall incorporate into the ac-
19 quisition strategy of the covered program the requirements
20 of the following:
21 (1) Section 131 of the National Defense Au-
22 thorization Act for Fiscal Year 2020 (Public Law
23 116–92; 133 Stat. 1237).
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1 (2) Section 221 of the National Defense Au-
3 117–81; 135 Stat. 1599).
4 (e) TRANSITION REQUIREMENT.—The Secretary of
5 the Navy shall ensure that the transition from the Arleigh
6 Burke-class destroyer program to the covered program
7 maintains predictable production workload for eligible
8 shipbuilders.
10 (1) The term ‘‘covered program’’ means the
11 program of the Department of the Navy to procure
12 DDG(X) destroyer class vessels.
13 (2) The term ‘‘eligible shipbuilder’’ means a
14 prime contractor designated by the milestone deci-
15 sion authority to perform detailed design and con-
16 struction of the covered program.
17 (3) The term ‘‘milestone decision authority’’
18 has the meaning given in section 4211 of title 10,
19 United States Code.
20 SEC. 131. TOMAHAWK AND STANDARD MISSILE–6 CAPA-
21 BILITY ON FFG–62 CLASS VESSELS.
22 Before the first deployment of the vessel designated

23 FFG–63 and that of each successive vessel in the FFG–
24 62 class, the Secretary of the Navy shall ensure that such
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1 vessel is capable of carrying and employing Tomahawk
2 and Standard Missile–6 missiles.
3 SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN–
4 82 AND CVN–83.
5 (a) REPORT.—Not later than March 1, 2023, the

6 Secretary of the Navy shall submit to the congressional
7 defense committees a report on the plan of the Navy for
8 advance procurement for the aircraft carriers designated
9 CVN–82 and CVN–83.
10 (b) ELEMENTS.—The report required by subsection
11 (a) shall include an assessment of—
12 (1) the value, cost, and feasibility of a two-year
13 advance procurement period under a single-carrier
14 acquisition strategy;
15 (2) the value, cost, and feasibility of a three-
16 year advance procurement period under a single-car-
17 rier acquisition strategy;
18 (3) the value, cost, and feasibility of a two-year
19 advance procurement period under a two-carrier ac-
20 quisition strategy;
21 (4) the value, cost, and feasibility of a three-
22 year advance procurement period under a two-car-
23 rier acquisition strategy; and
24 (5) the effect of a two-carrier acquisition strat-
25 egy on force development and fleet capability.
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1 (c) DEFINITIONS.—In this section:
2 (1) The term ‘‘single-carrier acquisition strat-
3 egy’’ means a strategy for the procurement of the
4 aircraft carriers designated CVN–82 and CVN–83
5 pursuant to which each aircraft carrier is procured
6 separately under a different contract.
7 (2) The term ‘‘two-carrier acquisition strategy’’
8 means a strategy for the procurement of the aircraft
9 carriers designated CVN–82 and CVN–83 pursuant
10 to which both aircraft carriers are procured together
11 under one contract.
12 SEC. 133. QUARTERLY BRIEFINGS ON THE CH–53K KING
13 STALLION HELICOPTER PROGRAM.
14 (a) IN GENERAL.—Not later than 30 days after the

15 date of the enactment of this Act, and on a quarterly basis
16 thereafter through the end of fiscal year 2024, the Sec-
17 retary of the Navy shall provide to the Committees on
18 Armed Services of the Senate and the House of Represent-
19 atives a briefing on the progress of the CH–53K King
20 Stallion helicopter program.
21 (b) ELEMENTS.—Each briefing under subsection (a)
22 shall include, with respect to the CH–53K King Stallion
23 helicopter program, the following:
24 (1) An overview of the program schedule.
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1 (2) A statement of the total cost of the program
2 as of the date of the briefing, including the cost of
3 development, testing, and production.
4 (3) A comparison of the total cost of the pro-
5 gram relative to the original acquisition program
6 baseline and the most recently approved acquisition
7 program baseline as of the date of the briefing.
8 (4) An assessment of the flight testing that re-
9 mains to be conducted under the program, including
10 any testing required for validation of correction of
11 technical deficiencies.
12 (5) An update on the status of the correction
13 of technical deficiencies under the program and any
14 effects on the program schedule resulting from the
15 discovery and correction of such deficiencies.
16 (c) CONFORMING REPEAL.—Section 132 of the Na-
17 tional Defense Authorization Act for Fiscal Year 2020
18 (Public Law 116–92; 133 Stat. 1238) is repealed.
19 Subtitle D—Air Force Programs
20 SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS
21 FOR AIRCRAFT OF THE COMBAT AIR FORCES.
22 (a) TOTAL FIGHTER AIRCRAFT INVENTORY RE-

23 QUIREMENTS.—Section 9062(i)(1) of title 10, United
24 States Code, is amended by striking ‘‘1,970’’ and inserting
25 ‘‘1,800’’.
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1 (b) A–10 MINIMUM INVENTORY REQUIREMENTS.—
2 (1) Section 134(d) of the National Defense Au-
4 114–328; 130 Stat. 2038) is amended by striking
5 ‘‘171’’ and inserting ‘‘153’’.
6 (2) Section 142(b)(2) of the National Defense
7 Authorization Act for Fiscal Year 2016 (Public Law
8 114–92; 129 Stat. 755 ) is amended by striking
9 ‘‘171’’ and inserting ‘‘153’’.
10 (c) MODIFICATION OF LIMITATION ON AVAILABILITY
11 OF FUNDS FOR DESTRUCTION OF A–10 AIRCRAFT IN
12 STORAGE STATUS.—Section 135(a) of the National De-

13 fense Authorization Act for Fiscal Year 2017 (Public Law
14 114–328; 130 Stat. 2039) is amended by striking ‘‘the
15 report required under section 134(e)(2)’’ and inserting ‘‘a
16 report that includes the information described in section
17 134(e)(2)(C)’’.
18 SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELAT-
19 ING TO AIR REFUELING TANKER AIRCRAFT.
20 (a) MINIMUM INVENTORY REQUIREMENT FOR AIR

21 REFUELING TANKER AIRCRAFT.—Section 9062(j) of title
22 10, United States Code, is amended—
23 (1) by striking ‘‘effective October 1, 2019,’’;
24 and
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1 (2) by striking ‘‘479’’ each place it appears and
2 inserting ‘‘466’’.
3 (b) REPEAL OF LIMITATION ON RETIREMENT OF
4 KC–135 AIRCRAFT.—Section 137 of the National Defense

5 Authorization Act for Fiscal Year 2022 (Public Law 117–
6 81; 135 Stat. 1576) is amended—
7 (1) by striking subsection (b); and
8 (2) by redesignating subsections (c) and (d) as
9 subsections (b) and (c), respectively.
10 (c) MINIMUM NUMBER OF AIR REFUELING TANKER
11 AIRCRAFT IN PMAI OF THE AIR FORCE.—Section 135(a)
12 of the William M. (Mac) Thornberry National Defense Au-
13 thorization Act for Fiscal Year 2021 (Public Law 116–
14 283; 134 Stat. 3431) is amended by striking ‘‘412’’ and
16 (d) PROHIBITION ON REDUCTION OF KC–135 AIR-
17 CRAFT IN PMAI OF THE RESERVE COMPONENTS.—
18 (1) IN GENERAL.—None of the funds author-
19 ized to be appropriated by this Act or otherwise
20 made available for fiscal year 2023 for the Air Force
21 may be obligated or expended to reduce, by more
22 than 12 aircraft, the number of KC–135 aircraft
23 designated as primary mission aircraft inventory
24 within the reserve components of the Air Force.
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1 (2) PRIMARY MISSION AIRCRAFT INVENTORY
2 DEFINED.—In this subsection, the term ‘‘primary

3 mission aircraft inventory’’ has the meaning given
4 that term in section 9062(i)(2)(B) of title 10,
6 SEC. 143. REQUIREMENTS RELATING TO F–22 AIRCRAFT.
7 (a) LIMITATIONS AND MINIMUM INVENTORY RE-

8 QUIREMENTS.—Section 9062 of title 10, United States
9 Code, is amended by adding at the end the following new
10 subsection:
11 ‘‘(k)(1) During the period beginning on the date of
12 the enactment of the National Defense Authorization Act
13 for Fiscal Year 2023 and ending on September 30, 2027,
14 the Secretary of the Air Force may not—
15 ‘‘(A) retire an F–22 aircraft;
16 ‘‘(B) reduce funding for unit personnel or
17 weapon system sustainment activities for F–22 air-
18 craft in a manner that presumes future congres-
19 sional authority to divest such aircraft;
20 ‘‘(C) keep an F–22 aircraft in a status consid-
21 ered excess to the requirements of the possessing
22 command and awaiting disposition instructions
23 (commonly referred to as ‘XJ’ status); or
24 ‘‘(D) decrease the total aircraft inventory of F–
25 22 aircraft below 184 aircraft.
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1 ‘‘(2) The prohibition under paragraph (1) shall not
2 apply to individual F–22 aircraft that the Secretary of the
3 Air Force determines, on a case-by-case basis, to be no
4 longer mission capable and uneconomical to repair because
5 of aircraft accidents, mishaps, or excessive material deg-
6 radation and non-airworthiness status of certain air-
7 craft.’’.
8 (b) REPORT REQUIRED.—
9 (1) IN GENERAL.—Not later than 180 days
10 after the date of the enactment of this Act, the Sec-
11 retary of the Air Force shall submit to the congres-
12 sional defense committees a report that includes a
13 strategy and execution plan, approved by the Sec-
14 retary, for conducting formal training for F–22 air-
15 crews to ensure that combat capability, capacity,
16 and availability at all F–22 operational units is not
17 degraded.
18 (2) ELEMENTS.—The strategy and execution
19 plan under paragraph (1) shall—
20 (A) address how the Air Force will avoid—
21 (i) diminishing the combat effective-
22 ness of all block variants of F–22 aircraft;
23 (ii) exacerbating F–22 aircraft avail-
24 ability concerns; and
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1 (iii) complicating F–22 aircraft squad-
2 ron maintenance operations; and
3 (B) include the plan of the Secretary for—
4 (i) the basing of 184 F–22 aircraft;
5 and
6 (ii) the reestablishment of one or
7 more F–22 formal training units, includ-
8 ing—
9 (I) the planned location of such
10 units;
11 (II) the planned schedule for the
12 reestablishment of such units; and
13 (III) and the number of F–22
14 aircraft that are expected to be as-
15 signed to such units.
16 (c) COMPTROLLER GENERAL AUDIT.—
17 (1) AUDIT REQUIRED.—The Comptroller Gen-
18 eral of the United States shall conduct an audit to
19 assess and validate data and information relating
20 to—
21 (A) the events and activities that would be
22 necessary to upgrade Block 20 F–22 aircraft to
23 a capability configuration comparable to or ex-
24 ceeding the existing or planned configuration of
25 Block 30/35 F–22 aircraft;
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1 (B) the estimated costs of such upgrades;
2 and
3 (C) a schedule of milestones for such up-
4 grades.
5 (2) AVAILABILITY OF INFORMATION.—At the
6 request of the Comptroller General, the Secretary of
7 the Air Force shall promptly provide to the Comp-
8 troller General any data or other information that
9 may be needed to conduct the audit under para-
10 graph (1), including any data or information it may
11 be necessary to obtain from the original equipment
12 manufacturer of the F–22 aircraft.
13 (3) BRIEFING.—Not later than April 15, 2023,
14 the Comptroller General shall provide to the con-
15 gressional defense committees a briefing on the
16 progress and any preliminary results of the audit
17 conducted under paragraph (1).
18 (4) REPORT.—Following the briefing under
19 paragraph (3), at such time as is mutually agreed
20 upon by the congressional defense committees and
21 the Comptroller General, the Comptroller General
22 shall submit to the congressional defense committees
23 a report on the final results of the audit conducted
24 under paragraph (1).
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1 SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION
2 ON CERTAIN REDUCTIONS TO B–1 BOMBER
3 AIRCRAFT SQUADRONS.
4 Section 133(b) of the National Defense Authorization

5 Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
6 1574) is amended by striking ‘‘an individual unit’’ and
7 inserting ‘‘a bomb wing’’.
8 SEC. 145. REPEAL OF AIR FORCE E–8C FORCE PRESEN-
9 TATION REQUIREMENT.
10 Section 147 of the John S. McCain National Defense

12 232; 132 Stat. 1669) is amended by striking subsection
13 (f).
14 SEC. 146. MINIMUM INVENTORY OF C–130 AIRCRAFT.
15 (a) MINIMUM INVENTORY REQUIREMENT.—

16 (1) IN GENERAL.—During the covered period,
17 the Secretary of the Air Force shall maintain a total
18 inventory of C–130 aircraft of not less than 271 air-
19 craft.
20 (2) EXCEPTION.—The Secretary of the Air
21 Force may reduce the number of C–130 aircraft in
22 the Air Force below the minimum number specified
23 in paragraph (1) if the Secretary determines, on a
24 case-by-case basis, that an aircraft is no longer mis-
25 sion capable because of a mishap or other damage.
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1 (3) COVERED PERIOD DEFINED.—In this sub-
2 section, the term ‘‘covered period’’ means the pe-
3 riod—
4 (A) beginning at the close of the period de-
5 scribed in section 138(c) of the National De-
6 fense Authorization Act for Fiscal Year 2022
7 (Public Law 117–81; 135 Stat. 1577); and
8 (B) ending on September 30, 2023.
9 (b) PROHIBITION ON REDUCTION OF C–130 AIR-
10 CRAFT ASSIGNED TO NATIONAL GUARD.—
11 (1) IN GENERAL.—During fiscal year 2023, the
12 Secretary of the Air Force may not reduce the total
13 number of C–130 aircraft assigned to the National
14 Guard below the number so assigned as of the date
15 of the enactment of this Act.
16 (2) EXCEPTION.—The prohibition under para-
17 graph (1) shall not apply to an individual C–130 air-
18 craft that the Secretary of the Air Force determines,
19 on a case-by-case basis, to be no longer mission ca-
20 pable because of a mishap or other damage.
21 SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR
22 RETIREMENT OF C–40 AIRCRAFT.
23 (a) PROHIBITION.—None of the funds authorized to

24 be appropriated by this Act or otherwise made available
25 for fiscal year 2023 for the Air Force may be obligated
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1 or expended to retire, prepare to retire, or place in storage
2 or on backup aircraft inventory status any C–40 aircraft.
3 (b) EXCEPTION.—
4 (1) IN GENERAL.—The limitation under sub-
5 section (a) shall not apply to an individual C–40 air-
6 craft that the Secretary of the Air Force determines,
7 on a case-by-case basis, to be no longer mission ca-
8 pable because of a Class A mishap.
9 (2) CERTIFICATION REQUIRED.—If the Sec-
10 retary determines under paragraph (1) that an air-
11 craft is no longer mission capable, the Secretary
13 a certification that the status of such aircraft is due
14 to a Class A mishap and not due to lack of mainte-
15 nance or repairs or other reasons.
16 SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR
17 TERMINATION OF PRODUCTION LINES FOR
18 HH–60W AIRCRAFT.
19 None of the funds authorized to be appropriated by

20 this Act or otherwise made available for fiscal year 2023
21 for the Air Force may be obligated or expended to termi-
22 nate the operations of, or to prepare to terminate the oper-
23 ations of, a production line for HH–60W Combat Rescue
24 Helicopters.
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1 SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO IN-
2 VENTORY OF E–3 AIRBORNE WARNING AND
3 CONTROL SYSTEM AIRCRAFT.
4 (a) PROHIBITION.—Except as provided in subsections

5 (b) and (c), none of the funds authorized to be appro-
6 priated by this Act or otherwise made available for fiscal
7 year 2023 for the Air Force may be obligated or expended
8 to retire, prepare to retire, or place in storage or in backup
9 aircraft inventory any E–3 aircraft if such actions would
10 reduce the total aircraft inventory for such aircraft below
11 26.
12 (b) EXCEPTION FOR ACQUISITION STRATEGY.—If
13 the Secretary of the Air Force submits to the congres-
14 sional defense committees an acquisition strategy for the
15 E–7 Wedgetail aircraft approved by the Service Acquisi-
16 tion Executive of the Air Force, the prohibition under sub-
17 section (a) shall not apply to actions taken to reduce the
18 total aircraft inventory for E–3 aircraft to 21 after the
19 date on which the strategy is so submitted.
20 (c) EXCEPTION FOR CONTRACT AWARD.—If the Sec-
21 retary of the Air Force awards a contract for the E–7
22 Wedgetail aircraft, the prohibition under subsection (a)
23 shall not apply to actions taken to reduce the total aircraft
24 inventory for E–3 aircraft to 18 after the date on which
25 such contact is so awarded.
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1 (d) DESIGNATION AS PRIMARY TRAINING AIRCRAFT
2 INVENTORY.—The Secretary of the Air Force shall des-
3 ignate two E–3 aircraft as Primary Training Aircraft In-
4 ventory.
5 SEC. 150. LIMITATION ON DIVESTMENT OF F–15 AIRCRAFT.
6 (a) LIMITATION.—Beginning on October 1, 2023, the

7 Secretary of the Air Force may not divest, or prepare to
8 divest, any covered F–15 aircraft until a period of 180
9 days has elapsed following the date on which the Secretary
10 submits the report required under subsection (b).
11 (b) REPORT REQUIRED.—The Secretary of the Air
12 Force shall submit to the congressional defense commit-
13 tees a report on the following:
14 (1) Any plans of the Secretary to divest covered
15 F–15 aircraft during the period covered by the most
16 recent future-years defense program submitted to
17 Congress under section 221 of title 10, United
18 States Code, including—
19 (A) a description of each proposed divest-
20 ment by fiscal year and location;
21 (B) an explanation of the anticipated ef-
22 fects of such divestments on the missions, per-
23 sonnel, force structure, and budgeting of the
24 Air Force;
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1 (C) a description of the actions the Sec-
2 retary intends to carry out—
3 (i) to mitigate any negative effects
4 identified under subparagraph (B); and
5 (ii) to modify or replace the missions
6 and capabilities of any units and military
7 installations affected by such divestments;
8 and
9 (D) an assessment of how such divest-
10 ments may affect the ability of the Air Force to
11 maintain minimum tactical aircraft inventories.
12 (2) Any plans of the Secretary to procure cov-
13 ered F–15 aircraft.
14 (3) Any specific plans of the Secretary to devi-
15 ate from procurement of new F–15EX aircraft as
16 articulated by the validated requirements contained
17 in Air Force Requirements Decision Memorandum,
18 dated February 1, 2019, regarding F–15EX Rapid
19 Fielding Requirements Document, dated January
20 16, 2019.
21 (c) COVERED F–15 AIRCRAFT DEFINED.—In this
22 section, the term ‘‘covered F–15 aircraft’’ means the fol-
23 lowing:
24 (1) F–15C aircraft.
25 (2) F–15D aircraft.
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1 (3) F–15E aircraft.
2 (4) F–15EX aircraft.
3 SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION
4 SEATS FOR CERTAIN T–38A AIRCRAFT.
5 The Secretary of the Air Force is authorized to pro-

6 cure upgraded ejection seats for—
7 (1) all T–38A aircraft of the Air Force Global
8 Strike Command that have not received an upgraded
9 ejection seat under the T–38 Ejection Seat Upgrade
10 Program; and
11 (2) all T–38A aircraft of the Air Combat Com-
12 mand that have not received an upgraded ejection
13 seat as part of such Program.
14 SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MIS-
15 SION OPERATIONS PLATFORM FOR THE
16 SPACE FORCE.
17 (a) PROCUREMENT AUTHORITY.—The Secretary of

18 the Air Force is authorized to enter into one or more con-
19 tracts for the procurement of a digital mission operations
20 platform for the Space Force.
21 (b) REQUIRED CAPABILITIES.—A digital mission op-
22 erations platform procured under subsection (a) shall in-
23 clude the following capabilities:
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1 (1) The platform shall be capable of providing
2 systems operators with the ability to analyze system
3 performance in a simulated mission environment.
4 (2) The platform shall enable collaboration
5 among such operators in an integrated, physics-
6 based environment.
7 SEC. 153. DIGITAL TRANSFORMATION COMMERCIAL SOFT-
8 WARE ACQUISITION.
9 (a) PROCUREMENT AUTHORITY.—The Secretary of

10 the Air Force may enter into one or more contracts for
11 the procurement of commercial digital engineering and
12 software tools to meet the digital transformation goals and
13 objectives of the Department of the Air Force.
14 (b) INCLUSION OF PROGRAM ELEMENT IN BUDGET
15 MATERIALS.—In the materials submitted by the Secretary
16 of the Air Force in support of the budget of the President
17 for fiscal year 2024 (as submitted to Congress pursuant
18 to section 1105 of title 31, United States Code), the Sec-
19 retary shall include a program element dedicated to the
20 procurement and management of the commercial digital
21 engineering and software tools described in subsection (a).
22 (c) REVIEW.—In carrying out subsection (a), the Sec-
23 retary of the Air Force shall—
24 (1) review the market for commercial digital en-
25 gineering and software tools; and
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1 (2) conduct research on providers of commercial
2 software capabilities that have the potential to expe-
3 dite the progress of digital engineering initiatives
4 across the weapon system enterprise, with a par-
5 ticular focus on capabilities that have the potential
6 to generate significant life-cycle cost savings,
7 streamline and accelerate weapon system acquisition,
8 and provide data-driven approaches to inform invest-
9 ments by the Department of the Air Force.
10 (d) REPORT.—Not later than March 1, 2023, the
11 Secretary of the Air Force shall submit to the congres-
12 sional defense committees a report that includes—
13 (1) an analysis of specific digital engineering
14 and software tool capability manufacturers that de-
15 liver high mission impact with broad reach into the
16 weapon system enterprise of the Department of the
17 Air Force; and
18 (2) a prioritized list of programs and offices of
19 the Department of the Air Force that could better
20 utilize commercial digital engineering and software
21 tools and opportunities for the implementation of
22 such digital engineering and software tool capabili-
23 ties within the Department.
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1 SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE
2 COMBAT SEARCH AND RESCUE MISSION OF
3 THE AIR FORCE.
4 (a) REQUIREMENTS STUDY.—

5 (1) IN GENERAL.—The Secretary of the Air
6 Force shall conduct a study to determine the re-
7 quirements for the combat search and rescue mis-
8 sion of the Air Force in support of the objectives of
9 the National Defense Strategy.
10 (2) ELEMENTS.—The study under paragraph
11 (1) shall include the following:
12 (A) Identification of anticipated combat
13 search and rescue mission requirements nec-
14 essary to meet the objectives of the most recent
15 National Defense Strategy, including—
16 (i) requirements for short-term, mid-
17 term, and long-term contingency and
18 steady-state operations against adversaries;
19 (ii) requirements under the Agile
20 Combat Employment operational scheme of
21 the Air Force;
22 (iii) requirements relating to regions
23 and specific geographic areas that are ex-
24 pected to have a need for combat search
25 and rescue forces based on the combat-rel-
26 evant range and penetration capability of
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1 United States air assets and associated
2 weapon systems; and
3 (iv) the level of operational risk asso-
4 ciated with each likely requirement and
5 scenario.
6 (B) An assessment of the rotary, tilt, and
7 fixed wing aircraft and key combat search and
8 rescue enabling capabilities that—
9 (i) are needed to meet the require-
10 ments identified under subparagraph (A);
11 and
12 (ii) have been accounted for in the
13 budget of the Air Force as of the date of
14 the study.
15 (C) Identification of any combat search
16 and rescue capability gaps, including an assess-
17 ment of—
18 (i) whether and to what extent such
19 gaps may affect the ability of the Air
20 Force to conduct combat search and rescue
21 operations;
22 (ii) any capability gaps that may be
23 created by procuring fewer HH–60W air-
24 craft than planned under the program of
25 record, including any expected changes to
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1 the plan for fielding such aircraft for ac-
2 tive, reserve, and National Guard units;
3 and
4 (iii) any capability gaps attributable
5 to unfunded requirements.
6 (D) Identification and assessment of key
7 current, emerging, and future technologies with
8 potential application to the combat search and
9 rescue mission, including electric vertical take-
10 off and landing, unmanned aerial systems,
11 armed air launched effects or similar armed ca-
12 pabilities, electric short take-off and landing, or
13 a combination of such technologies.
14 (E) An assessment of each technology
15 identified under subparagraph (D), including
16 (as applicable) an assessment of—
17 (i) technology maturity;
18 (ii) suitability to the combat search
19 and rescue mission;
20 (iii) range;
21 (iv) speed;
22 (v) payload capability and capacity;
23 (vi) radio frequency and infrared sig-
24 natures;
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1 (vii) operational conditions required
2 for the use of such technology, such as
3 runway availability;
4 (viii) survivability;
5 (ix) lethality;
6 (x) potential to support combat mis-
7 sions other than combat search and rescue;
8 and
9 (xi) estimated cost.
10 (3) SUBMITTAL TO CONGRESS.—
11 (A) IN GENERAL.—Not later than April

12 30, 2023, the Secretary of the Air Force shall
13 submit to the Committees on Armed Services of
14 the Senate and the House of Representatives a
15 report on the results of the study under para-
16 graph (1).
17 (B) FORM.—The report required under
18 subparagraph (A) shall be submitted in unclas-
19 sified form, but may include a classified annex.
20 (b) STRATEGY REQUIRED.—
21 (1) IN GENERAL.—Based on the results of the
22 study conducted under subsection (a), the Secretary
23 of the Air Force shall develop a strategy to meet the
24 requirements identified under such study.
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1 (2) ELEMENTS.—The strategy under paragraph
2 (1) shall include—
3 (A) A prioritized list of the capabilities
4 needed to meet the requirements identified
5 under subsection (a).
6 (B) The estimated costs of such capabili-
7 ties, including—
8 (i) any amounts already budgeted for
9 such capabilities as of the date of the
10 strategy, including amounts already budg-
11 eted for emerging and future technologies;
12 and
13 (ii) any amounts not already budgeted
14 for such capabilities as of such date.
15 (C) An estimate of the date by which the
16 capability is expected to become operational.
17 (D) A description of any requirements
18 identified under subsection (a) that the Sec-
19 retary of the Air Force does not expect to meet
20 as part of the strategy and an explanation of
21 the reasons such requirements cannot be met.
22 (3) SUBMITTAL TO CONGRESS.—
23 (A) IN GENERAL.—Not later than July 30,

24 2023, the Secretary of the Air Force shall sub-
25 mit to the Committees on Armed Services of
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1 the Senate and the House of Representatives a
2 report on the strategy developed under para-
3 graph (1).
6 sified form, but may include a classified annex.
7 SEC. 155. PLAN FOR TRANSFER OF KC–135 AIRCRAFT TO
8 THE AIR NATIONAL GUARD.
9 (a) PLAN REQUIRED.—The Secretary of the Air

10 Force shall develop a plan to transfer covered KC–135 air-
11 craft to air refueling wings of the Air National Guard that
12 are classic associations with active duty units of the Air
13 Force.
14 (b) BRIEFING.—Not later than 120 days after the
15 date of the enactment of this Act, the Secretary of the
16 Air Force shall provide to the Committees on Armed Serv-
17 ices of the Senate and the House of Representatives a
18 briefing on the plan developed under subsection (a). The
19 briefing shall include an explanation of—
20 (1) the effects the plan is expected to have on—
21 (A) the aerial refueling capability of the
22 Department of Defense; and
23 (B) personnel; and
24 (2) any costs associated with the plan.
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1 (1) The term ‘‘covered KC–135 aircraft’’ means
2 a KC–135 aircraft that the Secretary of the Air
3 Force is in the process of replacing with a KC–46A
4 aircraft.
5 (2) The term ‘‘classic association’’ means a
6 structure under which a regular Air Force unit re-
7 tains principal responsibility for an aircraft and
8 shares the aircraft with one or more reserve compo-
9 nent units.
10 SEC. 156. ANNUAL REPORTS ON T–7A ADVANCED PILOT
11 TRAINING SYSTEM.
12 (a) ANNUAL REPORT.—Not later than March 1,

13 2023, and annually thereafter through 2028, the Assistant
14 Secretary of the Air Force for Acquisition, Technology,
15 and Logistics shall submit to the Committees on Armed
16 Services of the Senate and the House of Representatives
17 a report on the acquisition efforts of the Air Force with
18 respect to the T–7A Advanced Pilot Training System (in-
19 cluding any associated aircraft and ground training sys-
20 tems).
21 (b) ELEMENTS.—Each report under subsection (a)
22 shall include the following:
23 (1) An overview of the Assistant Secretary’s ac-
24 quisition strategy for the T–7 Advanced Pilot Train-
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1 ing System, including the current status of the ac-
2 quisition strategy as of the date of the report.
3 (2) The cost and schedule estimates for the T–
4 7 Advanced Pilot Training System program.
5 (3) In the case of the initial report under this
6 section, the key performance parameters or the
7 equivalent requirements for the program. In the case
8 of subsequent reports, any key performance param-
9 eters or the equivalent requirements for the program
10 that have changed since the submission of the pre-
11 vious report under this section.
12 (4) The test and evaluation master plan for the
13 program.
14 (5) With respect to the testing program events
15 completed in the year covered by the report—
16 (A) the completion date of each event;
17 (B) a summary of the event, including
18 identification of—
19 (i) the quantity of data points evalu-
20 ated and subsequently considered complete
21 and validated; and
22 (ii) the quantity of data points evalu-
23 ated that remain incomplete or unvalidated
24 and requiring further testing.
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1 (6) The logistics and sustainment strategy for
2 the program and a description of any activities car-
3 ried out to implement such strategy as of the date
4 of the report.
5 (7) An explanation of—
6 (A) the causes of any engineering, manu-
7 facturing, development, testing, production, de-
8 livery, acceptance, and fielding delays incurred
9 by the program as of the date of the report;
10 (B) the effects of such delays; and
11 (C) any subsequent efforts to address such
12 delays.
13 (8) The post-production aircraft basing and
14 fielding strategy for the program.
15 (9) Any other matters regarding the acquisition
16 of the T–7 Advanced Pilot Training System that the
17 Assistant Secretary determines to be of critical im-
18 portance to the long-term viability of the program.
19 Subtitle E—Defense-wide, Joint,
20 and Multiservice Matters
21 SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED
22 COMMERCIAL DUAL-USE PARTS IN CERTAIN
23 AIRCRAFT AND ENGINES.

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1 Air Force, with respect to the Air Force, and the Sec-
2 retary of the Navy, with respect to the Navy, shall develop
3 and implement processes and procedures for—
4 (1) the acquisition of used, overhauled, recondi-
5 tioned, and remanufactured commercial dual-use
6 parts; and
7 (2) the use of such commercial dual-use parts
8 in all—
9 (A) commercial derivative aircraft and en-
10 gines; and
11 (B) aircraft used by the Air Force or Navy
12 that are based on the design of commercial
13 products.
14 (b) PROCUREMENT OF PARTS.—The processes and
15 procedures implemented under subsection (a) shall provide
16 that commercial dual-use parts shall be acquired—
17 (1) pursuant to competitive procedures (as de-
18 fined in section 3012 of title 10, United States
19 Code); and
20 (2) only from suppliers that provide parts that
21 possess an Authorized Release Certificate Federal
22 Aviation Administration Form 8130-3 Airworthy
23 Approval Tag from a certified repair station pursu-
24 ant to part 145 of title 14, Code of Federal Regula-
25 tions.
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2 (1) COMMERCIAL DERIVATIVE.—The term
3 ‘‘commercial derivative’’ means an item procured by
4 the Department of Defense that is or was produced
5 using the same or similar production facilities, a
6 common supply chain, and the same or similar pro-
7 duction processes that are used for the production of
8 the item as predominantly used by the general public
9 or by nongovernmental entities for purposes other
10 than governmental purposes.
11 (2) COMMERCIAL DUAL-USE PART.—The term
12 ‘‘commercial dual-use part’’ means a product that
13 is—
14 (A) a commercial product;
15 (B) dual-use;
16 (C) described in subsection (b)(2); and
17 (D) not a life-limited part.
18 (3) COMMERCIAL PRODUCT.—The term ‘‘com-
19 mercial product’’ has the meaning given such term
20 in section 103 of title 41, United States Code.
21 (4) DUAL-USE.—The term ‘‘dual-use’’ has the
22 meaning given such term in section 4801 of title 10,
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1 SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CA-
2 PABILITIES TO COUNTER THREATS POSED BY
3 UNMANNED AERIAL SYSTEM SWARMS.
4 (a) ASSESSMENT, ANALYSIS, AND REVIEW.—The

5 Secretary of Defense shall conduct—
6 (1) an assessment of the threats posed by un-
7 manned aerial system swarms and unmanned aerial
8 systems with swarm capabilities to installations and
9 deployed Armed Forces;
10 (2) an analysis of the use or potential use of
11 unmanned aerial system swarms by adversaries, in-
12 cluding the People’s Republic of China, the Russian
13 Federation, the Islamic Republic of Iran, the Demo-
14 cratic People’s Republic of North Korea, and non-
15 state actors;
16 (3) an analysis of the national security implica-
17 tions of swarming technologies such as autonomous
18 intelligence and machine learning;
19 (4) a review of the capabilities used by the De-
20 partment of Defense to counter threats posed by un-
21 manned aerial systems and an assessment of the ef-
22 fectiveness of such capabilities at countering the
23 threat of unmanned aerial system swarms; and
24 (5) an overview of the efforts of the Depart-
25 ment of Defense to develop and field test tech-
26 nologies that offer scalable, modular, and rapidly
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1 deployable capabilities with the ability to counter un-
2 manned aerial system swarms.
3 (b) STRATEGY DEVELOPMENT AND IMPLEMENTA-
4 TION REQUIRED.—
5 (1) IN GENERAL.—The Secretary of Defense
6 shall develop and implement a strategy to field capa-
7 bilities to counter threats posed by unmanned aerial
8 system swarms.
9 (2) ELEMENTS.—The strategy required by
10 paragraph (1) shall include the following:
11 (A) The development of a comprehensive
12 definition of ‘‘unmanned aerial system swarm’’.
13 (B) A plan to establish and incorporate re-
14 quirements for the development, testing, and
15 fielding of technologies and capabilities to
16 counter unmanned aerial system swarms.
17 (C) A plan to acquire and field adequate
18 capabilities to counter unmanned aerial system
19 swarms in defense of the Armed Forces, infra-
20 structure, and other assets of the United States
21 across land, air, and maritime domains.
22 (D) An estimate of the resources needed
23 by each Armed Force to implement the strat-
24 egy.
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1 (E) An analysis, determination, and
2 prioritization of legislative action required to
3 ensure the Department of Defense has the abil-
4 ity to counter the threats posed by unmanned
5 aerial system swarms.
6 (F) Such other matters as the Secretary
7 determines to be relevant to the strategy.
8 (3) INCORPORATION INTO EXISTING STRAT-
9 EGY.—The Secretary of Defense may incorporate

10 the strategy required by paragraph (1) into a com-
11 prehensive strategy of the Department of Defense to
12 counter the threat of unmanned aerial systems.
13 (c) INFORMATION TO CONGRESS.—Not later than
14 270 days after the date of the enactment of this Act, the
15 Secretary of Defense shall submit to the congressional de-
16 fense committees a report on—
17 (1) the findings of the Secretary under sub-
18 section (a); and
19 (2) the strategy developed and implemented by
20 the Secretary under subsection (b).
21 SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY
22 WING AIRCRAFT INDUSTRIAL BASE.
23 (a) ASSESSMENT REQUIRED.—The Under Secretary

24 of Defense for Acquisition and Sustainment, in coordina-
25 tion with the Secretaries of the Army, Navy, and Air
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1 Force, shall conduct an assessment of the military rotary
2 wing aircraft industrial base.
3 (b) ELEMENTS.—The assessment under subsection
4 (a) shall include the following:
5 (1)(A) Identification of each rotary wing air-
6 craft program of the Department of Defense that is
7 in the research and development or procurement
8 phase.
9 (B) A description of any platform-specific or ca-
10 pability-specific facility or workforce technical skill
11 requirements necessary for each program identified
12 under subparagraph (A).
13 (2) Identification of—
14 (A) the rotary wing aircraft capabilities of
15 each Armed Force anticipated for programming
16 beyond the period covered by the most recent
17 future-years defense program submitted to Con-
18 gress under section 221 of title 10, United
19 States Code (as of the date of the assessment);
20 and
21 (B) the technologies, facilities, and work-
22 force skills necessary for the development of
23 such capabilities.
24 (3) An assessment of the military industrial
25 base capacity and skills that are available (as of the
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1 date of the assessment) to design and manufacture
2 the platforms and capabilities identified under para-
3 graphs (1) and (2) and a list of any gaps in such
4 capacity and skills.
5 (4)(A) Identification of each component, sub-
6 component, or equipment supplier in the military ro-
7 tary wing aircraft industrial base that is the sole
8 source within such industrial base from which that
9 component, subcomponent, or equipment may be ob-
10 tained.
11 (B) An assessment of any risk resulting from
12 the lack of other suppliers for such components, sub-
13 components, or equipment.
14 (5) Analysis of the likelihood of future consoli-
15 dation, contraction, or expansion, within the rotary
16 wing aircraft industrial base, including—
17 (A) identification of the most probable sce-
18 narios with respect to such consolidation, con-
19 traction, or expansion; and
20 (B) an assessment of how each such sce-
21 nario may affect the ability of the Armed
22 Forces to acquire military rotary wing aircraft
23 in the future, including any effects on the cost
24 and schedule of such acquisitions.
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1 (6) Such other matters the Under Secretary of
2 Defense for Acquisition and Sustainment determines
3 appropriate.
4 (c) REPORT.—Not later than June 1, 2023, the
5 Under Secretary of Defense for Acquisition and
6 Sustainment shall submit to the congressional defense
7 committees a report that includes—
8 (1) the results of the assessment conducted
9 under subsection (a); and
10 (2) based on such results, recommendations for
11 reducing any risks identified with respect to the
12 military rotary wing aircraft industrial base.
13 (d) ROTARY WING AIRCRAFT DEFINED.—In this sec-
14 tion, the term ‘‘rotary wing aircraft’’ includes rotary wing
15 and tiltrotor aircraft.
16 SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO
17 MODERNIZE THE PROPULSION, POWER, AND
18 THERMAL MANAGEMENT SYSTEMS OF F–35
19 AIRCRAFT.
20 (a) AUDIT REQUIRED.—The Comptroller General of

21 the United States shall conduct an audit of the efforts
22 of the Department of Defense to modernize the propul-
23 sion, power, and thermal management systems of F–35
24 aircraft.
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1 (b) ELEMENTS.—The audit conducted under sub-
2 section (a) shall include the following:
3 (1) An evaluation of the results of the business-
4 case analysis conducted by the Director of the F–35
5 Joint Program Office, in which the Director as-
6 sessed options to modernize the propulsion, power,
7 and thermal management systems of the F–35 air-
8 craft.
9 (2) An assessment of the costs associated with
10 each modernization option assessed in the business-
11 case analysis described in paragraph (1), including
12 any costs associated with development, production,
13 retrofit, integration, and installation of the option
14 (including any aircraft modifications required to ac-
15 commodate such option), and an assessment of the
16 sustainment infrastructure requirements associated
17 with that option for each variant of F–35 aircraft.
18 (3) An assessment of the progress made by the
19 prototype engines developed under the Adaptive En-
20 gine Transition Program and the development and
21 testing status of the other modernization options as-
22 sessed in the business-case analysis described in
23 paragraph (1).
24 (4) An assessment of the timeline associated
25 with modernizing the propulsion, power, and thermal
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1 management systems of F–35 aircraft to meet the
2 capability performance requirements of the full
3 Block 4 suite upgrade planned for each variant of
4 such aircraft.
5 (5) An assessment of the costs associated with
6 modernizing the propulsion, power, and thermal
7 management systems of F–35 aircraft to meet the
8 capability performance requirements of the full
9 Block 4 suite upgrade planned for each variant of
10 such aircraft.
11 (6) An assessment of the potential effects of
12 each modernization option assessed in the business-
13 case analysis described in paragraph (1) on life-cycle
14 sustainment costs and the costs of spare parts for
15 F–35 aircraft, including any participatory effects on
16 international partners and foreign military sales cus-
17 tomers.
18 (c) BRIEFING.—Not later than February 28, 2023,
19 the Comptroller General shall provide to the congressional
20 defense committees a briefing on the preliminary results
21 of the audit conducted under subsection (a).
22 (d) REPORT.—Following the briefing under sub-
23 section (c), at such time as is mutually agreed upon by
24 the congressional defense committees and the Comptroller
25 General, the Comptroller General shall submit to the con-
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1 gressional defense committees a report on the final results
2 of the audit conducted under subsection (a), including the
3 findings of the Comptroller General with respect to each
4 element specified in subsection (b).
5 TITLE II—RESEARCH, DEVELOP-
6 MENT, TEST, AND EVALUA-
7 TION
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project author-

ity.
Sec. 212. Clarification of role of senior official with principal responsibility for
artificial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and
Engineering in personnel management authority to attract ex-
perts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive
Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing
processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to support
critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of electromagnetic
warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of microelectronics.
Sec. 220. Government-Industry-Academia Working Group on Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband infrastructure
at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and other mi-
nority-serving institutions regarding National Security Innova-
tion Network programs that promote entrepreneurship and in-
novation at institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding de-
fense research capacity at historically Black colleges and uni-
versities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable inventions in
the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery technologies for
warfighters.
Subtitle C—Plans, Reports, and Other Matters
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Sec. 231. Modification to annual reports of the Director of Operational Test
and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy for fifth
generation information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing
approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communica-
tions technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fel-
lowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innova-
tion ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the
Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and
development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the Electronic Proving
Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and infor-
mation technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation re-
sources supporting certain major defense acquisition programs.
2 Appropriations

5 fiscal year 2023 for the use of the Department of Defense
6 for research, development, test, and evaluation, as speci-
7 fied in the funding table in section 4201.
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1 Subtitle B—Program Require-
2 ments, Restrictions, and Limita-
3 tions
4 SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND
5 DEVELOPMENT PROJECT AUTHORITY.
6 (a) IN GENERAL.—Section 2350a(a)(2) of title 10,

7 United States Code, is amended by adding at the end the
8 following:
9 ‘‘(F) The European Union, including the Euro-
10 pean Defence Agency, the European Commission,
11 and the Council of the European Union, and their
12 suborganizations.’’.
13 (c) CONFORMING REGULATIONS.—Not later than
15 Secretary of Defense shall revise the Department of De-
16 fense Supplement to the Federal Acquisition Regulation
17 to conform with section 2350a of title 10, United States
18 Code, as amended by subsection (a).
19 SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL
20 WITH PRINCIPAL RESPONSIBILITY FOR ARTI-
21 FICIAL INTELLIGENCE AND MACHINE LEARN-
22 ING.
23 (a) PERSONNEL MANAGEMENT AUTHORITY TO AT-

24 TRACT EXPERTS IN SCIENCE AND ENGINEERING.—Sec-
25 tion 4092 of title 10, United States Code, is amended—
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1 (1) in subsection (a)(6)—
2 (A) by striking ‘‘Director of the Joint Arti-
3 ficial Intelligence Center’’ and inserting ‘‘offi-
4 cial designated under section 238(b) of the
5 John S. McCain National Defense Authoriza-
6 tion Act for Fiscal Year 2019 (Public Law
7 115–232)’’;
8 (B) by striking ‘‘for the Center’’ and in-
9 serting ‘‘to support the activities of such official
10 under section 238 of such Act’’; and
11 (C) in the paragraph heading, by striking
12 ‘‘Center’’;
13 (2) in subsection (b)(1)(F)—
14 (A) by striking ‘‘Joint Artificial Intel-
15 ligence Center’’ and inserting ‘‘office of the offi-
16 cial designated under section 238(b) of the
17 John S. McCain National Defense Authoriza-
19 115–232)’’; and
20 (B) by striking ‘‘in the Center’’ and insert-
21 ing ‘‘in support of the activities of such official
22 under section 238 of such Act’’; and
23 (3) in subsection (c)(2), by striking ‘‘Joint Arti-
24 ficial Intelligence Center’’ and inserting ‘‘the activi-
25 ties under section 238 of the John S. McCain Na-
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1 tional Defense Authorization Act for Fiscal Year
2 2019 (Public Law 115–232)’’.
3 (b) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICA-
4 TIONS AND ESTABLISHMENT OF PERFORMANCE
5 METRICS.—Section 226(b) of the National Defense Au-
7 81; 10 U.S.C. 4001 note) is amended—
8 (1) in paragraph (3), by striking ‘‘Director of
9 the Joint Artificial Intelligence Center’’ and insert-
10 ing ‘‘official designated under subsection (b) of sec-
11 tion 238 of the John S. McCain National Defense
13 115–232; 10 U.S.C. note prec. 4061)’’;
19 115–232; 10 U.S.C. note prec. 4061)’’; and
25 115–232; 10 U.S.C. note prec. 4061)’’.
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1 (c) MODIFICATION OF THE JOINT COMMON FOUNDA-
2 TION PROGRAM.—Section 227(a) of the National Defense
4 81; 10 U.S.C. 4001 note) is amended by striking ‘‘Joint
5 Artificial Intelligence Center’’ and inserting ‘‘the office of
6 the official designated under subsection (b) of section 238
7 of the John S. McCain National Defense Authorization
8 Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
9 note prec. 4061)’’.
10 (d) PILOT PROGRAM ON DATA REPOSITORIES TO FA-
11 CILITATE THE DEVELOPMENT OF ARTIFICIAL INTEL-
12 LIGENCE CAPABILITIES FOR THE DEPARTMENT OF DE-
13 FENSE.—Section 232 of the National Defense Authoriza-
14 tion Act for Fiscal Year 2022 (Public Law 117–81; 10
15 U.S.C. 4001 note) is amended—
16 (1) in the section heading, by striking ‘‘PILOT
17 PROGRAM ON DATA REPOSITORIES’’ and insert-
18 ing ‘‘DATA REPOSITORIES’’;
19 (2) by amending subsection (a) to read as fol-

20 lows:
21 ‘‘(a) ESTABLISHMENT OF DATA REPOSITORIES.—
22 The Secretary of Defense, acting through the official des-
23 ignated under subsection (b) of section 238 of the John
24 S. McCain National Defense Authorization Act for Fiscal
25 Year 2019 (Public Law 115–232; 10 U.S.C. note prec.
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1 4061) (and such other officials as the Secretary deter-
2 mines appropriate), shall—
3 ‘‘(1) establish data repositories containing De-
4 partment of Defense data sets relevant to the devel-
5 opment of artificial intelligence software and tech-
6 nology; and
7 ‘‘(2) allow appropriate public and private sector
8 organizations to access such data repositories for the
9 purpose of developing improved artificial intelligence
10 and machine learning software capabilities that may,
11 as determined appropriate by the Secretary, be pro-
12 cured by the Department to satisfy Department re-
13 quirements and technology development goals.’’;
14 (3) in subsection (b), by striking ‘‘If the Sec-
15 retary of Defense carries out the pilot program
16 under subsection (a), the data repositories estab-
17 lished under the program’’ and inserting ‘‘The data
18 repositories established under subsection (a)’’; and
19 (4) by amending subsection (c) to read as fol-
20 lows:
21 ‘‘(c) BRIEFING.—Not later than July 1, 2023, the
22 Secretary of Defense shall provide to the congressional de-
23 fense committees a briefing on—
24 ‘‘(1) the types of information the Secretary de-
25 termines are feasible and advisable to include in the
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139
1 data repositories established under subsection (a);
2 and
3 ‘‘(2) the progress of the Secretary in estab-
4 lishing such data repositories.’’.
5 (e) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN
6 AND WORKING GROUP.—Section 1531(d)(2)(C) of the
8 (Public Law 117–81; 135 Stat. 2051) is amended by strik-
9 ing ‘‘The Joint Artificial Intelligence Center (JAIC)’’ and
10 inserting ‘‘The office of the official designated under sub-
11 section (b) of section 238 of the John S. McCain National
12 Defense Authorization Act for Fiscal Year 2019 (Public
13 Law 115–232; 10 U.S.C. note prec. 4061)’’.
14 (f) BOARD OF ADVISORS FOR THE OFFICE OF THE
15 SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR

16 ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.—
17 Section 233 of the William M. (Mac) Thornberry National
19 Law 116–283; 10 U.S.C. 4001 note) is amended—
20 (1) in the section heading, by striking ‘‘JOINT
21 ARTIFICIAL INTELLIGENCE CENTER’’ and insert-
22 ing ‘‘OFFICE OF THE SENIOR OFFICIAL WITH
23 PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
24 INTELLIGENCE AND MACHINE LEARNING’’;
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1 (2) in subsection (a), by striking ‘‘Joint Artifi-
2 cial Intelligence Center’’ and inserting ‘‘office of the
3 official designated under subsection (b) of section
4 238 of the John S. McCain National Defense Au-
6 115–232; 10 U.S.C. note prec. 4061) (referred to in
7 this section as the ‘Official’)’’;
8 (3) in subsection (b), by striking ‘‘Director’’
9 each place in appears and inserting ‘‘Official’’;
10 (4) in subsection (f), by striking ‘‘September
11 30, 2024’’ and inserting ‘‘September 30, 2026’’; and
12 (5) in subsection (g)—
13 (A) by striking paragraphs (2) and (3);
14 and
15 (B) by redesignating paragraph (4) as
16 paragraph (2).
17 (g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO
18 THE DEFENSE REFORM PILLAR IN THE NATIONAL DE-

19 FENSE STRATEGY.—Section 234(b) of the William M.
20 (Mac) Thornberry National Defense Authorization Act for
21 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113
22 note) is amended by striking ‘‘Director of the Joint Artifi-
23 cial Intelligence Center’’ and inserting ‘‘official designated
24 under section 238(b) of the John S. McCain National De-
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141
2 115–232; 10 U.S.C. note prec. 4061)’’.
3 (h) PILOT PROGRAM ON THE USE OF ELECTRONIC
4 PORTFOLIOS TO EVALUATE CERTAIN APPLICANTS FOR
5 TECHNICAL POSITIONS.—Section 247(c) of the William

6 M. (Mac) Thornberry National Defense Authorization Act
7 for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
8 note prec. 1580) is amended—
9 (1) in paragraph (1), by striking ‘‘the Joint Ar-
10 tificial Intelligence Center’’ and inserting ‘‘the office
11 of the official designated under subsection (b) of sec-
14 115–232; 10 U.S.C. note prec. 4061)’’;
15 (2) by striking paragraph (2); and
16 (3) by redesignating paragraphs (3) and (4) as
17 paragraphs (2) and (3), respectively.
18 (i) ACQUISITION AUTHORITY OF THE DIRECTOR OF
19 THE JOINT ARTIFICIAL INTELLIGENCE CENTER.—Sec-

20 tion 808 the William M. (Mac) Thornberry National De-
22 116–283; 10 U.S.C. 4001 note) is amended—
23 (1) in the section heading, by striking ‘‘THE
24 DIRECTOR OF THE JOINT ARTIFICIAL INTEL-
25 LIGENCE CENTER’’ and inserting ‘‘THE SENIOR
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1 OFFICIAL WITH PRINCIPAL RESPONSIBILITY
2 FOR ARTIFICIAL INTELLIGENCE AND MACHINE
3 LEARNING’’;
4 (2) in subsection (a)—

5 (A) by striking ‘‘the Director of the Joint
6 Artificial Intelligence Center’’ and inserting
7 ‘‘the official designated under subsection (b) of
8 section 238 of the John S. McCain National
9 Defense Authorization Act for Fiscal Year 2019
10 (Public Law 115–232; 10 U.S.C. note prec.
11 4061) (referred to in this section as the ‘Offi-
12 cial’)’’; and
13 (B) by striking ‘‘the Center’’ and inserting
14 ‘‘the office of such official (referred to in this
15 section as the ‘Office’)’’;
16 (3) in subsection (b)—
17 (A) in the subsection heading, by striking
18 ‘‘JAIC’’;
19 (B) in paragraph (1)—
20 (i) in the matter preceding subpara-
21 graph (A),
22 (I) by striking ‘‘staff of the Di-
23 rector’’ and inserting ‘‘staff of the Of-
24 ficial’’; and
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1 (II) by striking ‘‘the Director of
2 the Center’’ and inserting ‘‘such Offi-
3 cial’’;
4 (ii) in subparagraph (A), by striking
5 ‘‘the Center’’ and inserting ‘‘the Office’’;
6 (iii) in subparagraph (B), by striking
8 (iv) in subparagraph (C), by striking
9 ‘‘the Center’’ each place it appears and in-
10 serting ‘‘the Office’’; and
11 (v) in subparagraph (D), by striking
12 ‘‘the Center’’ each place it appears and in-
14 (C) in paragraph (2)—
15 (i) by striking ‘‘the Center’’ and in-
17 (ii) by striking ‘‘the Director’’ and in-
18 serting ‘‘the Official’’;
19 (4) in subsection (c)(1)—
20 (A) by striking ‘‘the Center’’ and inserting
21 ‘‘the Office’’; and
22 (B) by striking ‘‘the Director’’ and insert-
23 ing ‘‘the Official’’;
24 (5) in subsection (d), by striking ‘‘the Director’’
25 and inserting ‘‘the Official’’;
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1 (6) in subsection (e)—
2 (A) in paragraph (2)—
3 (i) in subparagraph (B), by striking
4 ‘‘Center missions’’ and inserting ‘‘the mis-
5 sions of the Office’’; and
6 (ii) in subparagraph (D), by striking
8 and
9 (B) in paragraph (3), by striking ‘‘the
10 Center’’ and inserting ‘‘the Office’’;
11 (7) in subsection (f), by striking ‘‘the Director’’
12 and inserting ‘‘the Official’’; and
14 (A) by striking paragraphs (1) and (3);
15 and
16 (B) by redesignating paragraphs (4) and
17 (5) as paragraphs (1) and (2), respectively.
18 (j) BIANNUAL REPORT ON OFFICE OF THE SENIOR
19 OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFI-
20 CIAL INTELLIGENCE AND MACHINE LEARNING.—Section
21 260 of the National Defense Authorization Act for Fiscal
22 Year 2020 (Public Law 116–92) is amended—
23 (1) in the section heading, by striking ‘‘JOINT
24 ARTIFICIAL INTELLIGENCE CENTER’’ and insert-
25 ing ‘‘OFFICE OF THE SENIOR OFFICIAL WITH
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1 PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
2 INTELLIGENCE AND MACHINE LEARNING’’;

4 (A) by striking ‘‘2023’’ and inserting
5 ‘‘2026’’; and
6 (B) by striking ‘‘the Joint Artificial Intel-
7 ligence Center (referred to in this section as the
8 ‘Center’)’’ and inserting ‘‘the office of the offi-
9 cial designated under subsection (b) of section
10 238 of the John S. McCain National Defense
11 Authorization Act for Fiscal Year 2019 (Public
12 Law 115–232; 10 U.S.C. note prec. 4061) (re-
13 ferred to in this section as the ‘Office’)’’;
15 (A) by striking ‘‘Center’’ each place it ap-
16 pears and inserting ‘‘Office’’;
17 (B) in paragraph (2), by striking ‘‘the Na-
18 tional Mission Initiatives, Component Mission
19 Initiatives, and any other initiatives’’ and in-
20 serting ‘‘any initiatives’’; and
21 (C) in paragraph (7), by striking ‘‘the
22 Center’s investments in the National Mission
23 Initiatives and Component Mission Initiatives’’
24 and inserting ‘‘the Office’s investments in its
25 initiatives and other activities’’; and
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1 (4) by striking subsection (c).
2 (k) CHIEF DATA OFFICER RESPONSIBILITY FOR DE-
3 PARTMENT OF DEFENSE DATA SETS.—Section 903(b) of
4 the National Defense Authorization Act for Fiscal Year
5 2020 (Public Law 116–92; 10 U.S.C. 2223 note) is
6 amended—
8 (2) by redesignating paragraph (4) as para-
9 graph (3).
10 (l) JOINT ARTIFICIAL INTELLIGENCE RESEARCH,
11 DEVELOPMENT, AND TRANSITION ACTIVITIES.—Section
12 238 of the John S. McCain National Defense Authoriza-
14 U.S.C. note prec. 4061) is amended—
15 (1) by amending subsection (c) to read as fol-
16 lows:
17 ‘‘(c) ORGANIZATION AND ROLES.—
18 ‘‘(1) IN GENERAL.—In addition to designating
19 an official under subsection (b), the Secretary of De-
20 fense shall assign to appropriate officials within the
21 Department of Defense roles and responsibilities re-
22 lating to the research, development, prototyping,
23 testing, procurement of, requirements for, and oper-
24 ational use of artificial intelligence technologies.
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1 ‘‘(2) APPROPRIATE OFFICIALS.—The officials
2 assigned roles and responsibilities under paragraph
4 ‘‘(A) the Under Secretary of Defense for
5 Research and Engineering;
6 ‘‘(B) the Under Secretary of Defense for
7 Acquisition and Sustainment;
8 ‘‘(C) one or more officials in each military
9 department;
10 ‘‘(D) officials of appropriate Defense Agen-
11 cies; and
12 ‘‘(E) such other officials as the Secretary
13 of Defense determines appropriate.’’;
14 (2) in subsection (e), by striking ‘‘Director of
16 ing ‘‘official designated under subsection (b)’’; and
17 (3) by striking subsection (h).
18 (m) REFERENCES.—Any reference in any law, regu-
19 lation, guidance, instruction, or other document of the
20 Federal Government to the Director of the Joint Artificial
21 Intelligence Center of the Department of Defense or to
22 the Joint Artificial Intelligence Center shall be deemed to
23 refer to the official designated under section 238(b) of the
24 John S. McCain National Defense Authorization Act for
25 Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note
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1 prec. 4061) or the office of such official, as the case may
2 be.
3 SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF
4 DEFENSE FOR RESEARCH AND ENGINEERING
5 IN PERSONNEL MANAGEMENT AUTHORITY
6 TO ATTRACT EXPERTS IN SCIENCE AND ENGI-
7 NEERING.
8 Section 4092 of title 10, United States Code, is

9 amended—
10 (1) in subsection (a), by adding at the end the
11 following new paragraph:
12 ‘‘(10) OFFICE OF THE UNDER SECRETARY OF
13 DEFENSE FOR RESEARCH AND ENGINEERING.—The
14 Under Secretary of Defense for Research and Engi-

15 neering may carry out a program of personnel man-
16 agement authority provided in subsection (b) in
17 order to facilitate recruitment of eminent experts in
18 science or engineering for the Office of the Under
19 Secretary.’’; and
20 (2) in subsection (b)(1)—
21 (A) in subparagraph (H), by striking ‘‘;
22 and’’ and inserting a semicolon;
23 (B) in subparagraph (I), by striking the
24 semicolon and inserting ‘‘; and’’; and
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1 (C) by adding at the end the following new
2 subparagraph:
3 ‘‘(J) in the case of the Office of the Under
4 Secretary of Defense for Research and Engi-
5 neering, appoint scientists and engineers to a
6 total of not more than 10 scientific and engi-
7 neering positions in the Office;’’.
8 SEC. 214. MODIFICATION OF LIMITATION ON CANCELLA-
9 TION OF DESIGNATION OF EXECUTIVE AGENT
10 FOR A CERTAIN DEFENSE PRODUCTION ACT
11 PROGRAM.
12 Section 226 of the National Defense Authorization

14 1335) is amended—
15 (1) by redesignating subsection (e) as sub-
16 section (f); and
17 (2) by inserting after subsection (d) the fol-
19 ‘‘(e) DESIGNATION OF OTHER EXECUTIVE
20 AGENTS.—Notwithstanding the requirements of this sec-
21 tion or section 1792 of the John S. McCain National De-
22 fense Authorization Act for Fiscal Year 2019 (50 U.S.C.
23 4531 note), the Secretary of Defense may designate one
24 or more Executive Agents within the Department of De-
25 fense (other than the Executive Agent described in sub-
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150
1 section (a)) to implement Defense Production Act trans-
2 actions entered into under the authority of sections 4021,
3 4022, and 4023 of title 10, United States Code.’’.
4 SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF
5 BIOINDUSTRIAL MANUFACTURING PROC-
6 ESSES.
7 (a) AUTHORIZATION.—Subject to the availability of

8 appropriations, the Secretary of Defense shall provide sup-
9 port for the development of a network of bioindustrial
10 manufacturing facilities to conduct research and develop-
11 ment to improve the ability of the industrial base to as-
12 sess, validate, and scale new, innovative bioindustrial man-
13 ufacturing processes for the production of chemicals, ma-
14 terials, and other products necessary to support national
15 security or secure fragile supply chains.
16 (b) FORM OF SUPPORT.—The support provided
17 under subsection (a) may consist of—
18 (1) providing funding to one or more existing
19 facilities or the establishment of new facilities—
20 (A) to support the research and develop-
21 ment of bioindustrial manufacturing processes;
22 or
23 (B) to otherwise expand the bioindustrial
24 manufacturing capabilities of such facilities;
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1 (2) the establishment of dedicated facilities
2 within one or more bioindustrial manufacturing fa-
3 cilities to serve as regional hubs for the research, de-
4 velopment, and the scaling of bioindustrial manufac-
5 turing processes and products to higher levels of
6 production; or
7 (3) designating a bioindustrial manufacturing
8 facility to serve as the lead entity responsible for in-
9 tegrating a network of pilot and intermediate scale
10 bioindustrial manufacturing facilities.
11 (c) ACTIVITIES.—A facility that receives support
12 under subsection (a) shall carry out activities relating to
13 the research, development, test, and evaluation of innova-
14 tive bioindustrial manufacturing processes and the scaling
15 of bioindustrial manufacturing products to higher levels
16 of production, which may include—
17 (1) research on the use of bioindustrial manu-
18 facturing to create materials such as polymers, coat-
19 ings, resins, commodity chemicals, and other mate-
20 rials with fragile supply chains;
21 (2) demonstration projects to evaluate bioindus-
22 trial manufacturing processes and technologies;
23 (3) activities to scale bioindustrial
24 manufacuring processes and products to higher lev-
25 els of production;
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1 (4) strategic planning for infrastructure and
2 equipment investments for bioindustrial manufac-
3 turing of defense-related materials;
4 (5) analyses of bioindustrial manufactured
5 products and validation of the application of biologi-
6 cal material used as input to new and existing proc-
7 esses to aid in future investment strategies and the
8 security of critical supply chains;
9 (6) the selection, construction, and operation of
10 pilot and intermediate scale bioindustrial manufac-
11 turing facilities;
12 (7) development and management of a network
13 of facilities to scale production of bioindustrial prod-
14 ucts;
15 (8) activities to address workforce needs in bio-
16 industrial manufacturing;
17 (9) establishing an interoperable, secure, digital
18 infrastructure for collaborative data exchange across
19 entities in the bioindustrial manufacturing commu-
20 nity, including government agencies, industry, and
21 academia;
22 (10) developing and implementing digital tools,
23 process security and assurance capabilities, cyberse-
24 curity protocols, and best practices for data storage,
25 sharing and analysis; and
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1 (11) such other activities as the Secretary of
2 Defense determines appropriate.
3 (d) CONSIDERATIONS.—In determining the number,
4 type, and location of facilities to support under subsection
5 (a), the Secretary of Defense shall consider—
6 (1) how the facilities may complement each
7 other or increase production levels by functioning to-
8 gether as a network;
9 (2) how to geographically distribute support to
10 such facilities—
11 (A) to maximize access to biological mate-
12 rial needed as an input to bioindustrial manu-
13 facturing processes;
14 (B) to leverage available industrial and
15 academic expertise, including workforce and
16 human capital;
17 (C) to leverage relevant domestic infra-
18 structure required to secure supply chains for
19 chemicals and other materials;
20 (D) to leverage access to venture capital
21 and private sector finance expertise and funding
22 instruments; and
23 (E) to complement the capabilities of simi-
24 lar facilities; and
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1 (3) how the activities supported under this sec-
2 tion can be coordinated with relevant activities of
3 other departments and agencies of the Federal Gov-
4 ernment.
5 (e) INITIAL CONCEPT PLAN REQUIRED.—
8 retary of Defense shall submit to the congressional
9 defense committees and the National Security Com-
10 mission on Emerging Biotechnology an initial con-
11 cept plan for the implementation of this section that
12 includes—
13 (A) an assessment of capacity scaling
14 needs to determine if, and what type of, addi-
15 tional bioindustrial manufacturing facilities may
16 be needed to meet the needs of the Department
17 of Defense;
18 (B) a description of types, relative sizes,
19 and locations of the facilities the Secretary in-
20 tends to establish or support under this section;
21 (C) a general description of the focus of
22 each facility, including the types of bioindustrial
23 manufacturing equipment, if any, that are ex-
24 pected to be procured for each such facility;
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1 (D) a general description of how the facili-
2 ties will work as a network to maximize the di-
3 versity of bioindustrial products available to be
4 produced by the network;
5 (E) an explanation of how the network will
6 support the establishment and maintenance of
7 the bioindustrial manufacturing industrial base;
8 and
9 (F) an explanation of how the Secretary
10 intends to ensure that bioindustrial manufac-
11 turing activities conducted under this section
12 are modernized digitally, including through—
13 (i) the use of data automation to rep-
14 resent processes and products as models
15 and simulations; and
16 (ii) the implementation of measures to
17 address cybersecurity and process assur-
18 ance concerns.
19 (2) BRIEFINGS.—Not later than 180 days after
20 the date of the submittal of the plan under para-
21 graph (1), and annually thereafter for five years, the
22 Secretary of Defense shall provide to the congres-
23 sional defense committees a briefing on the Sec-
24 retary’s progress in implementing the plan.
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1 (f) BIOINDUSTRIAL MANUFACTURING DEFINED.—In
2 this section, the term ‘‘bioindustrial manufacturing’’
3 means the use of living organisms, cells, tissues, enzymes,
4 or cell-free systems to produce materials and products for
5 non-pharmaceutical applications.
6 SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING
7 CAPACITY UPGRADES TO SUPPORT CRITICAL
8 HYPERSONIC WEAPONS DEVELOPMENT.
9 (a) IN GENERAL.—Subject to the availability of ap-

10 propriations for such purpose, the Secretary of the Air
11 Force shall carry out activities to upgrade testing facilities
12 of the Department of the Air Force that support the devel-
13 opment of critical hypersonic weapons that—
14 (1) use air-breathing or rocket booster capabili-
15 ties; and
16 (2) are expected to operate in sea-level or high-
17 altitude operational domains.
18 (b) TIMELINE FOR COMPLETION.—The Secretary of
19 the Air Force shall seek to complete any upgrade under
20 subsection (a), subject to availability of appropriations for
21 such upgrade, not later than 24 months after the upgrade
22 is commenced.
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1 SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS
2 AND TESTS OF ELECTROMAGNETIC WARFARE
3 TECHNOLOGY.
4 (a) DEMONSTRATIONS AND TESTS REQUIRED.—Not

5 later than 270 days after the date of the enactment of
6 this Act, the Director of the Air Force Rapid Capabilities
7 Office, in coordination with the Air Force Life Cycle Man-
8 agement Center, shall select one or more qualified entities
9 under competitive processes to conduct demonstrations
10 and tests of commercial electronics technology to deter-
11 mine whether technology currently exists that could enable
12 the following electromagnetic warfare capabilities:
13 (1) The operation of multiple emitters and re-
14 ceivers in the same frequency at the same time and
15 in the same location without mutual interference and
16 without using adaptive beam forming or nulling.
17 (2) Protecting the reception of Global Posi-
18 tioning System and other vulnerable low-power sig-
19 nals from multiple high-power jammers at a level
20 that is significantly better than the protection af-
21 forded by controlled reception pattern antennas.
22 (3) Simultaneous transmission from and recep-
23 tion of separate signals on the same platform where-
24 in the signals lie in the same frequency and are
25 transmitted and received at the same time without
26 interference.
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1 (4) Capabilities similar those described in para-
2 graphs (1) through (3) in a live, virtual constructive
3 simulation environment.
4 (5) Other capabilities that might satisfy or sup-
5 port needs set forth in the Electromagnetic Spec-
6 trum Superiority Strategy Implementation Plan re-
7 leased on August 5, 2021.
8 (b) OVERSIGHT OF TESTS.—The Director of Oper-
9 ational Test and Evaluation shall—
10 (1) provide oversight of the demonstrations and
11 tests required by subsection (a);
12 (2) review other applicable government or com-
13 mercial demonstrations and tests; and
14 (3) not later than 30 days after the completion
15 of the demonstrations and tests under subsection
16 (a), advise the Chief Information Officer of the De-
17 partment of Defense, the Under Secretary of De-
18 fense for Research and Engineering, and the Under
19 Secretary of Defense for Acquisition and
20 Sustainment of the outcomes of the demonstrations
21 and tests.
22 (c) OUTCOME-BASED ACTIONS REQUIRED.—If the
23 Director of Operational Test and Evaluation and the Di-
24 rector of the Air Force Rapid Capabilities Office affirm
25 that the demonstrations and tests under subsection (a)
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1 confirm that certain commercial electronics technology
2 could enable one or more of the capabilities described in
3 such subsection—
4 (1) not later than 45 days after the conclusion
5 of the tests under subsection (a), the Director of the
6 Air Force Rapid Capabilities Office and the Director
7 of Operational Test and Evaluation shall jointly pro-
8 vide to the congressional defense committees a brief-
9 ing on the outcomes of the tests;
10 (2) the Director of the Air Force Rapid Capa-
11 bilities Office may begin engineering form, fit, and
12 function development and integration to incorporate
13 technologies demonstrated and tested under sub-
14 section (a) into specific Department of Defense plat-
15 forms and applications; and
16 (3) not later than 90 days after the conclusion
17 of the tests under subsection (a), the Director of the
18 Air Force Rapid Capabilities Office, the Chief Infor-
19 mation Officer, the Under Secretary of Defense for
20 Research and Engineering, and the Under Secretary
21 of Defense for Acquisition and Sustainment shall
22 jointly provide to the congressional defense commit-
23 tees a briefing on any plans of the Department of
24 Defense to further develop and deploy the tech-
25 nologies demonstrated and tested under subsection
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1 (a) to support the Electromagnetic Spectrum Supe-
2 riority Strategy Implementation Plan released on
3 August 5, 2021.
4 (d) COMPETITIVENESS REQUIREMENTS.—A decision
5 to commit, obligate, or expend funds for the purposes out-
6 lined in this section shall be based on merit-based selection
7 procedures in accordance with the requirements of sec-
8 tions 3201(e) and 4024 of title 10, United States Code,
9 or on competitive procedures.
10 (e) COMMERCIAL ELECTRONICS TECHNOLOGY DE-
11 FINED.—The term ‘‘commercial electronics technology’’
12 means electronics technology that is—
13 (1) a commercial component (as defined in sec-
14 tion 102 of title 41, United States Code);
15 (2) a commercial product (as defined in section
16 103 such title);
17 (3) a commercial service (as defined in section
18 103a of such title); or
19 (4) a commercially available off-the-shelf item
20 (as defined in section 104 of such title).
21 SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR AP-
22 PLICATIONS PROGRAM.
23 (a) RESOURCE SPONSORS.—

24 (1) IN GENERAL.—The Commander of Naval
25 Air Systems Command and the Director of Air War-
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1 fare shall jointly serve as the resource sponsors for
2 the Advanced Sensor Applications Program (com-
3 monly known as ‘‘ASAP’’ and in this section re-
4 ferred to as the ‘‘Program’’).
5 (2) RESPONSIBILITIES.—The resource sponsors
6 of the Program shall be responsible for the fol-
7 lowing:
8 (A) Developing budget requests relating to
9 the Program.
10 (B) Establishing priorities for the Pro-
11 gram.
12 (C) Approving the execution of funding
13 and projects for the Program.
14 (D) Coordination and joint planning with
15 external stakeholders in matters relating to the
16 Program.
17 (b) LIMITATIONS.—Only the Secretary of the Navy,
18 the Under Secretary of the Navy, and the Commander of
19 Naval Air Systems Command may—
20 (1) provide direction and management for the
21 Program;
22 (2) set priorities for the Program;
23 (3) regulate or limit the information available
24 or accessible to the Program;
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1 (4) edit reports or findings generated under the
2 Program; or
3 (5) coordinate and manage interactions of the
4 Program with external stakeholders.
5 (c) AUTHORITY FOR PROGRAM MANAGER.—The pro-
6 gram manager for the Program may access, consider, act
7 on, and apply information, at all levels of classification
8 and from all sources and organizations, that is pertinent
9 to the projects and activities that the Program is exe-
10 cuting, or considering proposing for the future.
11 (d) QUARTERLY BRIEFINGS.—Not less frequently
12 than once every three months, the program manager for
13 the Program shall provide to the congressional defense
14 committees and congressional intelligence committees (as
15 defined in section 3 of the National Security Act of 1947
16 (50 U.S.C. 3003)) a briefing on all aspects of the Pro-
17 gram, including on the status of—
18 (1) the implementation of this section;
19 (2) the implementation of other congressional
20 directives relating to the Program; and
21 (3) any direction and oversight of the Program
22 exercised by the Commander of Naval Air Systems
23 Command, the Secretary of the Navy, or the Under
24 Secretary of the Navy.
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1 (e) STRATEGIC RELATIONSHIP.—The program man-
2 ager for the Program shall evaluate the feasibility and ad-
3 visability of establishing a strategic relationship with the
4 Naval Research Laboratory pursuant to which the Lab-
5 oratory provides scientific and technical assistance and
6 support for the Program.
7 (f) USE OF ASSETS.—The Commander of Naval Air
8 Systems Command shall take all actions the Commander
9 considers reasonable—
10 (1) to enable the Program to use assets con-
11 trolled within the Naval Air Systems Command en-
12 terprise, including sensor systems and platforms;
13 and
14 (2) to pursue the use of other assets that may
15 further the mission of the Program.
16 (g) TERMINATION.—This section shall have no force
17 or effect after September 30, 2027.
18 SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SE-
19 CURITY OF MICROELECTRONICS.
20 (a) DEVELOPMENT AND IMPLEMENTATION OF CAPA-

21 BILITY.—The Secretary of Defense shall develop and im-
22 plement a capability for quantifiable assurance to achieve
23 practical, affordable, and risk-based objectives for security
24 of microelectronics to enable the Department of Defense
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1 to access and apply state-of-the-art microelectronics for
2 military purposes.
3 (b) ESTABLISHMENT OF REQUIREMENTS AND
4 SCHEDULE OF SUPPORT FOR DEVELOPMENT, TEST, AND
5 ASSESSMENT.—
6 (1) IN GENERAL.—Not later than 90 days after
7 the date of the enactment of this Act, the Deputy
8 Secretary of Defense shall, in consultation with the
10 neering, establish requirements and a schedule for
11 support from the National Security Agency to de-
12 velop, test, assess, implement, and improve the capa-
13 bility required by subsection (a).
14 (2) NATIONAL SECURITY AGENCY.—The Direc-
15 tor of the National Security Agency shall take such
16 actions as may be necessary to satisfy the require-
17 ments established under paragraph (1).
18 (3) BRIEFING.—Not later than 120 days after
19 the date of the enactment of this Act, the Under
20 Secretary of Defense for Research and Engineering
21 and the Director of the National Security Agency
22 shall jointly provide the congressional defense com-
23 mittees a briefing on the requirements and the
24 schedule for support established under paragraph
25 (1).
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1 (c) ASSESSMENT.—
3 shall assess whether the Department of Defense, to
4 enable expanded use of unprogrammed application
5 specific integrated circuits or other custom-designed
6 integrated circuits manufactured by a supplier that
7 is not using processes accredited by the Defense
8 Microelectronics Activity for the purpose of enabling
9 the Department to access commercial state-of-the-
10 art microelectronics technology using risk-based
11 quantifiable assurance security methodology,
12 should—
13 (A) seek changes to the International Traf-
14 fic in Arms Regulations under subchapter M of
15 chapter I of title 22, Code of Federal Regula-
16 tions, and Department of Defense Instruction
17 5200.44 (relating to protection of mission crit-
18 ical functions to achieve trusted systems and
19 networks); and
20 (B) expand the use of unprogrammed cus-
21 tom-designed integrated circuits that are not
22 controlled by such regulations.
23 (2) BRIEFING.—Not later than April 1, 2023,
24 the Secretary of Defense shall provide the congres-
25 sional defense committees a briefing on the findings
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1 of the Secretary with respect to the assessment con-
2 ducted under paragraph (1).
3 SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING
4 GROUP ON MICROELECTRONICS.
5 (a) ESTABLISHMENT AND DESIGNATION.—

8 retary of Defense shall establish a working group to
9 facilitate coordination among industry, academia,
10 and the Department of Defense on issues of mutual
11 interest relating to microelectronics as described in
12 subsection (c).
13 (2) DESIGNATION.—The working group estab-
14 lished under paragraph (1) shall be known as the
15 ‘‘Government-Industry-Academia Working Group on
16 Microelectronics’’ (referred to in this section as the
17 ‘‘Working Group’’).
18 (b) COMPOSITION.—The Working Group shall be
19 composed of representatives of organizations and elements
20 of the Department of Defense, industry, and academia.
21 (c) SCOPE.—The Secretary shall ensure that the
22 Working Group supports dialogue and coordination among
23 industry, academia, and the Department of Defense on the
24 following issues relating to microelectronics:
25 (1) Research needs.
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1 (2) Infrastructure needs and shortfalls.
2 (3) Technical and process standards.
3 (4) Training and certification needs for the
4 workforce.
5 (5) Supply chain issues.
6 (6) Supply chain, manufacturing, and pack-
7 aging security.
8 (7) Technology transition issues and opportuni-
9 ties.
10 (d) CHARTER AND POLICIES.—Not later than March
11 1, 2023, the Secretary of Defense shall develop a charter
12 and issue policies for the functioning of the Working
13 Group.
14 (e) ADMINISTRATIVE SUPPORT.—The joint federa-
15 tion of capabilities established under section 937 of the
17 (Public Law 113–66; 10 U.S.C. 2224 note) shall provide
18 administrative support to the Working Group.
19 (f) RULE OF CONSTRUCTION.—Nothing in this sec-
20 tion shall be construed to allow the Department of Defense
21 to provide any competitive advantage to any participant
22 in the Working Group.
23 (g) SUNSET.—The provisions of this section shall ter-
24 minate on December 31, 2030.
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1 SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRE-
2 LESS BROADBAND INFRASTRUCTURE AT ALL
3 MILITARY INSTALLATIONS.
4 (a) TARGET REQUIRED.—Not later than July 30,

5 2023, the Secretary of Defense shall—
6 (1) establish a target date by which the Sec-
7 retary plans to deploy 5G wireless broadband infra-
8 structure at all military installations; and
9 (2) establish metrics, which shall be identical
10 for each of the military departments, to measure
11 progress toward reaching the target required by
12 paragraph (1).
13 (b) ANNUAL REPORT.—Not later than December 31,
14 2023, and on an annual basis thereafter until the date
15 specified in subsection (c), the Secretary of Defense shall
16 submit to the congressional defense committees a report
17 that includes—
18 (1) the metrics in use pursuant to subsection
19 (a)(2); and
20 (2) the progress of the Secretary in reaching
21 the target required by subsection (a)(1).
22 (c) TERMINATION.—The requirement to submit an-
23 nual reports under subsection (b) shall terminate on the
24 date that is five years after the date of the enactment of
25 this Act.
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1 SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES
2 AND UNIVERSITIES AND OTHER MINORITY-
3 SERVING INSTITUTIONS REGARDING NA-
4 TIONAL SECURITY INNOVATION NETWORK
5 PROGRAMS THAT PROMOTE ENTREPRE-
6 NEURSHIP AND INNOVATION AT INSTITU-
7 TIONS OF HIGHER EDUCATION.
8 (a) PILOT PROGRAM.—The Under Secretary of De-

9 fense for Research and Engineering, acting through the
10 National Security Innovation Network, may carry out a
11 pilot program under which the Under Secretary conducts
12 activities, including outreach and technical assistance, to
13 better connect historically Black colleges and universities
14 and other minority-serving institutions to the commer-
15 cialization, innovation, and entrepreneurial activities of
16 the Department of Defense.
17 (b) BRIEFING.—Not later than one year after com-
18 mencing a pilot program under subsection (a), the Under
19 Secretary of Defense for Research and Engineering shall
20 provide to the congressional defense committees a briefing
21 on the program, including—
22 (1) an explanation of—
23 (A) the results of any outreach efforts con-
24 ducted under the pilot program;
25 (B) the success of the pilot program in ex-
26 panding National Security Innovation Network
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1 programs to historically Black colleges and uni-
2 versities and other minority-serving institutions;
3 and
4 (C) any potential barriers to the expansion
5 of the pilot program; and
6 (2) recommendations for how the Department
7 of Defense can support historically Black colleges
8 and universities and other minority-serving institu-
9 tions to enable such institutions to successfully par-
10 ticipate in Department of Defense commercializa-
11 tion, innovation, and entrepreneurship programs.
12 (c) TERMINATION.—The authority to carry out the
13 pilot program under subsection (a) shall terminate on the
14 date that is five years after the date of the enactment of
15 this Act.
16 (d) DEFINITIONS.—In this section:
17 (1) The term ‘‘historically Black college or uni-
18 versity’’ means a part B institution (as defined in
19 section 322 of the Higher Education Act of 1965
20 (20 U.S.C. 1061)).
21 (2) The term ‘‘other minority-serving institu-
22 tion’’ means an institution of higher education speci-
23 fied in paragraphs (2) through (7) of section 371(a)
24 of the Higher Education Act of 1965 (20 U.S.C.
25 1067q(a)).
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1 SEC. 223. REPORT AND PILOT PROGRAM BASED ON REC-
2 OMMENDATIONS REGARDING DEFENSE RE-
3 SEARCH CAPACITY AT HISTORICALLY BLACK
4 COLLEGES AND UNIVERSITIES AND OTHER
5 MINORITY-SERVING INSTITUTIONS.
6 (a) REPORT REQUIRED.—

10 defense committees a report on the recommendations
11 set forth in the publication of the National Acad-
12 emies of Sciences, Engineering, and Medicine titled
13 ‘‘Defense Research Capacity at Historically Black
14 Colleges and Universities and Other Minority Insti-
15 tutions: Transitioning from Good Intentions to
16 Measurable Outcomes’’ and dated April 28, 2022.
17 (2) CONTENTS.—The report required under
19 (A) With respect to the recommendations
20 and subrecommendations set forth in the publi-
21 cation described in paragraph (1)—
22 (i) a description of each recommenda-
23 tion and subrecommendation the Secretary
24 has implemented as of the date of the re-
25 port;
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1 (ii) a description of each recommenda-
2 tion and subrecommendation the Secretary
3 has commenced implementing as of the
4 date of the report, including a justification
5 for determining to commence implementing
6 the recommendation; and
7 (iii) a description of each rec-
8 ommendation and subrecommendation the
9 Secretary has not implemented or com-
10 menced implementing as of the date of the
11 report and a determination as to whether
12 or not to implement the recommendation.
13 (B) For each recommendation or sub-
14 recommendation the Secretary determines to
15 implement under subparagraph (A)(iii)—
16 (i) a timeline for implementation;
17 (ii) a description of any additional re-
18 sources or authorities required for imple-
19 mentation; and
20 (iii) the plan for implementation.
21 (C) For each recommendation or sub-
22 recommendation the Secretary determines not
23 to implement under subparagraph (A)(iii), a
24 justification for the determination not to imple-
25 ment the recommendation.
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1 (3) FORMAT.—The report required under para-
2 graph (1) shall be submitted in unclassified form,
3 but may include a classified annex.
4 (b) PROGRAM TO IMPLEMENT REPORT REC-
5 OMMENDATIONS AND SUBRECOMMENDATIONS.—
6 (1) PROGRAM REQUIRED.—The Secretary of
7 Defense shall establish and carry out a program (re-
8 ferred to in this subsection as the ‘‘Program’’) under
9 which the Secretary carries out activities to increase
10 the capacity of eligible institutions to achieve very
11 high research activity status.
12 (2) CONSIDERATIONS.—In establishing the Pro-
13 gram the Secretary shall consider—
14 (A) the recommendations and sub-
15 recommendations to be implemented under sub-
16 section (a);
17 (B) the extent of nascent research capabili-
18 ties and planned research capabilities at eligible
19 institutions and the relevance of those capabili-
20 ties to research areas of interest to the Depart-
21 ment of Defense;
22 (C) recommendations from previous studies
23 for increasing the level of research activity at
24 eligible institutions to very high research activ-
25 ity status, including measurable milestones such
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1 as growth in very high research activity status
2 indicators and other relevant factors;
3 (D) how institutions participating in the
4 Program will evaluate and assess progress to-
5 ward achieving very high research activity sta-
6 tus;
7 (E) how such institutions will sustain an
8 increased level of research activity after the
9 Program terminates; and
10 (F) reporting requirements for institutions
11 participating in the Program.
12 (3) CONSULTATION.—In designing the Pro-
13 gram, the Secretary may consult with the Presi-
14 dent’s Board of Advisors on historically Black col-
15 leges and universities.
16 (4) PROGRAM ACTIVITIES.—
17 (A) ACTIVITIES.—Under the Program, the

18 Secretary shall carry out activities to build the
19 capacity of eligible institutions to achieve very
20 high research activity status, which may in-
21 clude—
22 (i) activities to support—
23 (I) faculty professional develop-
24 ment;
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1 (II) stipends for undergraduate
2 and graduate students and post-doc-
3 toral scholars;
4 (III) recruitment and retention of
5 faculty and graduate students;
6 (IV) the provision of laboratory
7 equipment and instrumentation;
8 (V) communication and dissemi-
9 nation of research products produced
10 during the Program;
11 (VI) construction, modernization,
12 rehabilitation, or retrofitting of facili-
13 ties for research purposes; and
14 (ii) such other activities as the Sec-
15 retary determines appropriate.
16 (B) IDENTIFICATION OF PRIORITY
17 AREAS.—The Secretary shall establish and up-

18 date, on an annual basis, a list of research pri-
19 orities for STEM and critical technologies ap-
20 propriate for the Program to assist eligible in-
21 stitutions in identifying appropriate areas for
22 research and related activities.
23 (5) TERMINATION.—The Program shall termi-
24 nate 10 years after the date on which the Secretary
25 commences the Program.
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1 (6) EVALUATION.—Not later than two years
2 after the date of the enactment of this Act and every
3 two years thereafter until the date on which the Pro-
4 gram terminates under paragraph (5), the Secretary
5 shall submit to the Committees on Armed Services
6 of the Senate and the House of Representatives a
7 report providing an update on the Program, includ-
8 ing—
9 (A) a description of the activities carried
10 out under the Program;
11 (B) an analysis of any growth in very high
12 research activity status indicators of eligible in-
13 stitutions that participated in the Program; and
14 (C) emerging research areas of interest to
15 the Department of Defense that are being pur-
16 sued by such institutions.
17 (7) REPORT TO CONGRESS.—Not later than
18 180 days after the date on which the program termi-
19 nates under paragraph (5), the Secretary shall sub-
20 mit to the Committees on Armed Services of the
21 Senate and the House of Representatives a report on
22 the Program that includes the following:
23 (A) An analysis of the growth in very high
24 research activity status indicators of eligible in-
25 stitutions that participated in the Program.
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1 (B) An evaluation on the effectiveness of
2 the Program in increasing the research capacity
3 of such institutions.
4 (C) An explanation of how institutions that
5 achieved very high research activity status plan
6 to sustain that status after the termination of
7 the Program.
8 (D) An evaluation of the maintenance of
9 very high research status by eligible institutions
10 that participated in the Program.
11 (E) An evaluation of the effectiveness of
12 the Program in increasing the diversity of stu-
13 dents conducting high quality research in
14 unique areas.
15 (F) Recommendations with respect to fur-
16 ther activities and investments necessary to ele-
17 vate the research status of historically Black
18 colleges and universities and other minority-
19 serving institutions.
20 (G) Recommendations as to whether the
21 Program should be renewed or expanded.
23 (1) The term ‘‘eligible institution’’ means a his-
24 torically Black college or university or other minor-
25 ity-serving institution that is classified as a high re-
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1 search activity status institution at the time of par-
2 ticipation in the program under subsection (b).
3 (2) The term ‘‘high research activity status’’
4 means R2 status, as classified by the Carnegie Clas-
5 sification of Institutions of Higher Education.
6 (3) The term ‘‘historically Black college or uni-
7 versity’’ has the meaning given the term ‘‘part B in-
8 stitution’’ under section 322 of the Higher Edu-
9 cation Act of 1965 (20 U.S.C. 1061).
10 (4) The term ‘‘other minority-serving institu-
11 tion’’ means an institution of higher education speci-
12 fied in paragraphs (2) through (7) of section 371(a)
13 of the Higher Education Act of 1965 (20 U.S.C.
14 1067q(a)).
15 (5) The term ‘‘Secretary’’ means the Secretary
16 of Defense.
17 (6) The term ‘‘very high research activity sta-
18 tus’’ means R1 status, as classified by the Carnegie
19 Classification of Institutions of Higher Education.
20 (7) The term ‘‘very high research activity status
21 indicators’’ means the categories used by the Car-
22 negie Classification of Institutions of Higher Edu-
23 cation to delineate which institutions have very high
24 activity status, including—
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1 (A) annual expenditures in science and en-
2 gineering;
3 (B) per-capita (faculty member) expendi-
4 tures in science and engineering;
5 (C) annual expenditures in non-science and
6 engineering fields;
7 (D) per-capita (faculty member) expendi-
8 tures in non-science and engineering fields;
9 (E) doctorates awarded in science, tech-
10 nology, engineering, and mathematics fields;
11 (F) doctorates awarded in social science
12 fields;
13 (G) doctorates awarded in the humanities;
14 (H) doctorates awarded in other fields with
15 a research emphasis;
16 (I) total number of research staff including
17 postdoctoral researchers;
18 (J) other doctorate-holding non-faculty re-
19 searchers in science and engineering and per-
20 capita (faculty) number of doctorate-level re-
21 search staff including post-doctoral researchers;
22 and
23 (K) other categories utilized to determine
24 classification.
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1 SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOP-
2 MENT OF PATENTABLE INVENTIONS IN THE
3 DEPARTMENT OF THE NAVY.
4 (a) IN GENERAL.—The Secretary of the Navy may

5 carry out a pilot program to expand the support available
6 to covered personnel who seek to engage in the develop-
7 ment of patentable inventions that—
8 (1) have applicablity to the job-related functions
9 of such personnel; and
10 (2) may have applicability in the civilian sector.
11 (b) ACTIVITIES.—As part of the pilot program under
12 subsection (a), the Secretary of the Navy may—
13 (1) expand outreach to covered personnel re-
14 garding the availability of patent-related training,
15 legal assistance, and other support for personnel in-
16 terested in developing patentable inventions;
17 (2) expand the availability of patent-related
18 training to covered personnel, including by making
19 such training available online;
20 (3) clarify and issue guidance detailing how
21 covered personnel, including personnel outside of the
22 laboratories and other research organizations of the
23 Department of the Navy, may—
24 (A) seek and receive support for the devel-
25 opment of patentable inventions; and
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1 (B) receive a portion of any royalty or
2 other payment as an inventor or coinventor
3 such as may be due under section
4 14(a)(1)(A)(i) of the Stevension-Wylder Tech-
5 nology Innovation Act of 1980 (15 U.S.C.
6 3710c(a)(1)(A)(i)); and
7 (4) carry out other such activities as the Sec-
8 retary determines appropriate in accordance with the
9 purposes of the pilot program.
10 (c) TERMINATION.—The authority to carry out the
11 pilot program under subsection (a) shall terminate three
12 years after the date of the enactment of this Act.
14 (1) The term ‘‘covered personnel’’ means mem-
15 bers of the Navy and Marine Corps and civilian em-
16 ployees of the Department of the Navy, including
17 members and employees whose primary duties do
18 not involve research and development.
19 (2) The term ‘‘patentable invention’’ means an
20 invention that is patentable under title 35, United
21 States Code.
22 SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOP-
23 MENT OF BATTERY TECHNOLOGIES FOR
24 WARFIGHTERS.
25 (a) ESTABLISHMENT.—
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2 may establish and carry out a pilot program to as-
3 sess the feasibility and advisability of providing sup-
4 port to battery producers—
5 (A) to facilitate the research and develop-
6 ment of safe and secure battery technologies for
7 existing and new or novel battery chemistry
8 configurations, including through the research
9 and development of new or updated manufac-
10 turing processes and technologies;
11 (B) to assess commercial battery offerings
12 within the marketplace for viability and utility
13 for warfighter applications; and
14 (C) to transition battery technologies, in-
15 cluding technologies developed under other pilot
16 programs, prototype projects, or other research
17 and development programs, from the proto-
18 typing phase to manufacturing production.
19 (2) DESIGNATION.—The pilot program estab-
20 lished under paragraph (1) shall be known as the
21 ‘‘Warfighter Electric Battery Transition Project’’
22 (referred to in this section as the ‘‘Project’’).
23 (3) ADMINISTRATION.—The Under Secretary of
24 Defense for Research and Engineering shall admin-
25 ister the Project.
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1 (b) GRANTS, CONTRACTS, AND OTHER AGREE-
2 MENTS.—The Secretary of Defense may carry out the
3 Project through the award of support, as described in sub-
4 section (a)(1), in the form of grants to, or contracts or
5 other agreements with, battery producers.
6 (c) COORDINATION.—The Secretary of Defense shall
7 ensure that activities under the Project are coordinated
8 with the Strategic Environmental Research and Develop-
9 ment Program under section 2901 of title 10, United
10 States Code.
11 (d) USE OF GRANT AND CONTRACT AMOUNTS.—A
12 battery producer who receives a grant, contract, or other
13 agreement under the Project may use the amount of the
14 grant, contract, or other agreement to carry out one or
15 more of the following activities:
16 (1) Conducting research and development to
17 validate new or novel battery chemistry configura-
18 tions, including through—
19 (A) experimentation;
20 (B) prototyping;
21 (C) testing;
22 (D) adapting battery technology to inte-
23 grate with other technologies and systems; or
24 (E) addressing manufacturing or other
25 production challenges.
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1 (2) Providing commercially available battery
2 technologies to each Secretary of a military depart-
3 ment and the commanders of the combatant com-
4 mands to support utility assessments or other test-
5 ing by warfighters.
6 (3) Expanding, validating, or assessing battery
7 recycling capabilities that may provide operational
8 utility to the Department of Defense.
9 (4) Building and strengthening relationships of
10 the Department of Defense with nontraditional de-
11 fense contractors in the technology industry that
12 may have unused or underused solutions to specific
13 operational challenges of the Department relating to
14 battery technology.
15 (e) PRIORITY OF AWARDS.—In awarding grants, con-
16 tracts, or other agreements under the Project, the Sec-
17 retary shall give preference to battery producers that meet
18 one or more of the following criteria:
19 (1) The producer manufactures, designs, or de-
20 velops battery cells, packs, modules, or other related
21 capabilities in the United States.
22 (2) The producer manufactures, designs, or de-
23 velops battery cells, packs, modules, or other related
24 capabilities in the national technology and industrial
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1 base (as defined in section 4801 of title 10, United
2 States Code).
3 (3) The technology made available by the pro-
4 ducer provides modularity to support diverse appli-
5 cations.
6 (4) The technology made available by the pro-
7 ducer facilitates safety in tactical and combat appli-
8 cations by using battery chemistries and configura-
9 tions that reduce thermal runaway and minimize ox-
10 ygen liberation.
11 (5) The producer demonstrates new or novel
12 battery chemistry configurations, safety characteris-
13 tics, or form-factor configurations.
14 (6) The producer facilitates the domestic supply
15 chain for raw materials needed for battery produc-
16 tion.
17 (7) The producer offers battery-related commer-
18 cial products or commercial services.
19 (f) PLANNING, REPORTING AND DATA COLLEC-
20 TION.—
21 (1) PLAN REQUIRED BEFORE IMPLEMENTA-
22 TION.—
23 (A) IN GENERAL.—The Secretary of De-

24 fense may not commence the Project until the
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1 Secretary has completed a plan for the imple-
2 mentation of the Project.
3 (B) ELEMENTS.—The plan under subpara-
4 graph (A) shall provide for—
5 (i) collecting, analyzing, and retaining
6 Project data;
7 (ii) developing and sharing best prac-
8 tices for achieving the objectives of the
9 Project;
10 (iii) identification of any policy or reg-
11 ulatory impediments inhibiting the execu-
12 tion of the Project; and
13 (iv) sharing results from the Project
14 across the Department of Defense and
15 with other departments and agencies of the
16 Federal Government and Congress.
17 (C) SUBMITTAL TO CONGRESS.—Not later
18 than 180 days after the date of the enactment
19 of this Act, the Secretary of Defense shall sub-
20 mit to the congressional defense committees the
21 implementation plan developed under subpara-
22 graph (A).
23 (2) FINAL REPORT.—Not later than one year
24 after the date on which the Project terminates under
25 subsection (g), the Secretary of Defense shall submit
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1 to the congressional defense committees a final re-
2 port on the results of the Project. Such report shall
3 include—
4 (A) a summary of the objectives achieved
5 by the Project; and
6 (B) recommendations regarding the steps
7 that may be taken to promote battery tech-
8 nologies that are not dependent on foreign com-
9 petitors to meet the needs of the Armed Forces.
10 (g) TERMINATION.—The authority to carry out the
11 Project shall terminate on December 31, 2028.
12 Subtitle C—Plans, Reports, and
13 Other Matters
14 SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DI-
15 RECTOR OF OPERATIONAL TEST AND EVAL-
16 UATION.
17 Section 139(h)(3) of title 10, United States Code, is

18 amended—
19 (1) by inserting ‘‘or controlled unclassified’’
20 after ‘‘classified’’; and
21 (2) by striking ‘‘submit an unclassified version
22 of the report to Congress’’ and inserting ‘‘submit to
23 Congress a version of the report that is unclassified
24 and does not require safeguarding or dissemination
25 controls’’.
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1 SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY
2 BRIEFINGS ON STRATEGY FOR FIFTH GEN-
3 ERATION INFORMATION AND COMMUNICA-
4 TIONS TECHNOLOGIES.
5 Section 254(d)(1) of the National Defense Authoriza-

7 U.S.C. 4571 note) is amended, in the matter preceding
8 subparagraph (A), by striking ‘‘March 15, 2022’’ and in-
9 serting ‘‘December 1, 2026’’.
10 SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DE-
11 VELOPMENT OF NOVEL PROCESSING AP-
12 PROACHES FOR DEFENSE APPLICATIONS.
13 (a) INVESTMENT PLANS REQUIRED.—Not later than

14 November 1, 2023, and not less frequently than once every
15 three years thereafter until December 31, 2035, the Sec-
16 retary of Defense shall submit to the congressional defense
17 committees a plan for making investments to support the
18 development of novel processing approaches for defense
19 applications.
20 (b) ELEMENTS.—Each investment plan required by
21 subsection (a) shall—
22 (1) identify any investments the Secretary has
23 made, and any future investments the Secretary in-
24 tends to make, in research and technology develop-
25 ment to support the use and fielding of novel proc-
26 essing approaches for defense applications;
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1 (2) identify any investments the Secretary has
2 made, and any future investments the Secretary in-
3 tends to make, to accelerate the development of
4 novel processing approaches for defense applications,
5 including investments in—
6 (A) personnel and workforce capabilities;
7 (B) facilities and infrastructure to host
8 systems utilizing novel processing approaches;
9 (C) algorithm developments necessary to
10 expand the functionality of each novel proc-
11 essing approach;
12 (D) other Federal agencies and federally
13 funded laboratories; and
14 (E) appropriate international and commer-
15 cial sector organizations and activities;
16 (3) describe mechanisms to coordinate and le-
17 verage investments in novel processing approaches
18 within the Department and with non-Federal part-
19 ners;
20 (4) describe the technical goals to be achieved
21 and capabilities to be developed under the plan; and
22 (5) include recommendations for such legislative
23 or administration actions as may support the effec-
24 tive execution of the investment plan.
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1 (c) FORM.—Each plan submitted under subsection
2 (a) shall be submitted in such form as the Secretary con-
3 siders appropriate, which may include classified, unclassi-
4 fied, and publicly releasable formats.
5 (d) NOVEL PROCESSING APPROACHES DEFINED.—
6 In this section, the term ‘‘novel processing approaches’’
7 means—
8 (1) emerging techniques in computation, such
9 as biocomputing, exascale computing, utility scale
10 quantum computing; and
11 (2) associated algorithm and hardware develop-
12 ment needed to implement such techniques.
13 SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G
14 INFORMATION AND COMMUNICATIONS TECH-
15 NOLOGY WITHIN THE MILITARY DEPART-
16 MENTS.
17 (a) THREE-YEAR TRANSITION PLAN REQUIRED.—

19 after the date of the enactment of this Act, each As-
20 sistant Secretary concerned shall develop and submit
21 to the congressional defense committees a plan that
22 specifies—
23 (A) the extent to which fifth generation in-
24 formation and communications technology (5G)
25 infrastructure is expected to be implemented in
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1 the military department of the Assistant Sec-
2 retary by the end of the three-year period fol-
3 lowing the date of the enactment of this Act;
4 and
5 (B) how the implementation of such tech-
6 nology is expected to be achieved during such
7 period.
8 (2) ELEMENTS.—Each plan required under
9 paragraph (1) shall include—
10 (A) an operational needs assessment that
11 identifies the highest priority areas in which the
12 Assistant Secretary intends to implement fifth
13 generation information and communications
14 technologies during the three-year period de-
15 scribed in paragraph (1);
16 (B) an explanation of—
17 (i) whether and to what extent the As-
18 sistant Secretary intends to use an open
19 radio access network approach in imple-
20 menting fifth generation information and
21 communications technologies in the areas
22 identified under subparagraph (A); and
23 (ii) if the Assistant Secretary does not
24 intend to use such an open radio access
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1 network approach, an explanation of the
2 reasons for such determination;
3 (C) an investment plan that includes fund-
4 ing estimates, by fiscal year and appropriation
5 account, to accelerate—
6 (i) the maturation and acquisition of
7 fifth generation information and commu-
8 nications capabilities that use the open
9 radio access network approach; and
10 (ii) the deployment of such capabili-
11 ties in the facilities and systems of the
12 military department concerned;
13 (D) metrics and reporting mechanisms to
14 ensure progress in achieving the objectives of
15 the plan within the three-year period described
16 in paragraph (1);
17 (E) identification and designation of a sin-
18 gle point of contact at each military installation
19 and within each armed force under the jurisdic-
20 tion of the military department concerned to fa-
21 cilitate the deployment of fifth generation infor-
22 mation and communications technologies;
23 (F) actions the Assistant Secretary intends
24 to carry out to streamline the process for estab-
25 lishing fifth generation wireless coverage at
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1 military installations, including actions to re-
2 duce delays caused by policies and processes re-
3 lating to contracting, communications, and the
4 use of real property;
5 (G) identification of investments that are
6 required to support the transition to fifth gen-
7 eration information and communications tech-
8 nology that uses an open radio access network
9 approach; and
10 (H) such other matters as the Assistant
11 Secretary considers appropriate.
12 (3) COORDINATION.—In developing the plans
13 required under paragraph (1), each Assistant Sec-
14 retary concerned shall coordinate with—
15 (A) the Chief Information Officer of the
16 Department of Defense;
17 (B) and the Under Secretary of Defense
18 for Acquisition and Sustainment; and
19 (C) the Under Secretary of Defense for
20 Research and Engineering.
21 (4) FORM OF PLAN.—Each plan required under
22 paragraph (1) shall be submitted in unclassified
23 form.
24 (b) CROSS-FUNCTIONAL TEAM ASSESSMENT.—
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1 (1) ASSESSMENT AND BRIEFING REQUIRED.—
2 After all of the plans required by subsection (a)(1)

3 have been submitted in accordance with such sub-
4 section and not later than 150 days after the date
5 of the enactment of this Act, the cross-functional
6 team established pursuant to section 224(c)(1) of
7 the William M. (Mac) Thornberry National Defense
9 116–283; 10 U.S.C. 4571 note) shall assess such
10 plans and provide to the congressional defense com-
11 mittees a briefing on the findings of the team with
12 respect to such assessment.
13 (2) ELEMENTS.—The briefing provided under
15 (A) Recommendations to further accelerate
16 the deployment of fifth-generation information
17 and communications technologies that use the
18 open radio access network approach across the
19 Department of Defense.
20 (B) Recommendations to standardize and
21 streamline the process for establishing fifth
22 generation wireless coverage at military installa-
23 tions, including recommendations for reducing
24 delays caused by policies and processes relating
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1 to contracting, communications, and the use of
2 real property.
3 (C) A plan for the inclusion of representa-
4 tives of the Department of Defense in inter-
5 national wireless standards-setting bodies.
6 (D) Such other matters as the cross-func-
7 tional team described in paragraph (1) con-
8 siders appropriate.
10 (1) The term ‘‘Assistant Secretary concerned’’
11 means—
12 (A) the Assistant Secretary of the Army
13 for Acquisition, Logistics, and Technology, with
14 respect to matters concerning the Department
15 of the Army;
16 (B) the Assistant Secretary of the Navy
17 for Research, Development, and Acquisition,
18 with respect to matters concerning the Depart-
19 ment of the Navy; and
20 (C) the Assistant Secretary of the Air
21 Force for Acquisition, Technology, and Logis-
22 tics, with respect to matters concerning the De-
23 partment of the Air Force.
24 (2) The term ‘‘open radio access network ap-
25 proach’’ means an approach to networking, such as
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1 the Open Radio Access Network (commonly known
2 as ‘‘Open RAN’’), that uses open protocols and
3 interfaces within a network so that components pro-
4 vided by different vendors can be interoperable.
5 SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH
6 PROJECTS AGENCY INNOVATION FELLOW-
7 SHIP PROGRAM.
8 (a) IN GENERAL.—The Director of the Defense Ad-

9 vanced Research Projects Agency shall develop a plan for
10 the establishment of a fellowship program (to be known
11 as the ‘‘Innovation Fellowship Program’’) to expand op-
12 portunities for early career scientists to participate in the
13 programs, projects, and other activities of the Agency.
14 (b) ELEMENTS.—In developing the plan under sub-
15 section (a), the Director of the Defense Advanced Re-
16 search Projects Agency shall—
17 (1) review the types of programs, projects, and
18 other activities of the Agency that may be open to
19 participation from early career scientists to identify
20 opportunities for the expansion of such participation;
21 (2) identify criteria for evaluating applicants to
22 the fellowship program described in subsection (a);
23 (3) establish detailed plans for the implementa-
24 tion of the fellowship program;
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1 (4) conduct an assessment of the potential costs
2 of the fellowship program;
3 (5) define eligibility requirements for partici-
4 pants in the fellowship program; and
5 (6) address such other matters as the Director
6 determines appropriate.
7 (c) SUBMITTAL TO CONGRESS.—Not later than 180
8 days after the date of the enactment of this Act, the Direc-
9 tor of the Defense Advanced Research Projects Agency
10 shall submit to the congressional defense committee a re-
11 port that includes—
12 (1) the plan developed under subsection (a);
13 and
14 (2) recommendations for expanding opportuni-
15 ties for early career scientists to participate in the
16 programs, projects, and other activities of the Agen-
17 cy.
18 (d) EARLY CAREER SCIENTIST DEFINED.—The term
19 ‘‘early career scientist’’ means a scientist who is in an
20 early stage of career development according to criteria de-
21 termined by the Director of the Defense Advanced Re-
22 search Projects Agency for purposes of this section.
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1 SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND
2 STRENGTHENING THE DEFENSE INNOVATION
3 ECOSYSTEM.
4 (a) STRATEGY AND IMPLEMENTATION PLAN RE-

5 QUIRED.—Not later than 180 days after the date of the
6 enactment of this Act, the Secretary of Defense, acting
7 through the Under Secretary of Defense for Research and
8 Engineering, shall develop—
9 (1) a strategy fostering and strengthening the
10 defense innovation ecosystem; and
11 (2) a plan for implementing such strategy.
12 (b) PURPOSES.—
13 (1) STRATEGY.—The purpose of the strategy
14 required by subsection (a)(1) is to provide a frame-
15 work for identifying, assessing, and tracking innova-
16 tion ecosystems that are beneficial to advancing the
17 defense, national security, and warfighting missions
18 of the Department of Defense.
19 (2) IMPLEMENTATION PLAN.—The purpose of
20 the implementation plan required by subsection
21 (a)(2) is to provide—
22 (A) concrete steps and measures of effec-
23 tiveness to gauge the effect of the innovation
24 ecosystems described in paragraph (1) on the
25 Department; and
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1 (B) a means for assessing the effectiveness
2 of the strategy developed under subsection
3 (a)(1), including the approaches taken by the
4 Department to grow, foster, and sustain such
5 innovation ecosystems.
6 (c) ELEMENTS.—The strategy and the implementa-
7 tion plan required by subsection (a) shall include the fol-
8 lowing elements:
9 (1) A process for defining, assessing, and se-
10 lecting innovation ecosystems with potential to pro-
11 vide benefit to the Department of Defense.
12 (2) Metrics for measuring the performance and
13 health of innovation ecosystems being supported by
14 the Department, including identification of criteria
15 to determine when to support or cease supporting
16 identified ecosystems.
17 (3) Identification of the authorities and Depart-
18 ment of Defense research, development, test, and
19 evaluation assets that can be used to identify, estab-
20 lish, sustain, and expand innovation ecosystems.
21 (4) For each innovation ecosystem supported by
22 the Department—
23 (A) a description of the core competencies
24 or focus areas of the ecosystem;
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1 (B) identification of any organizations or
2 elements of the Department that engage with
3 the ecosystem;
4 (C) identification of the private sector as-
5 sets that are being used to support, sustain,
6 and expand the identified innovation ecosystem;
7 and
8 (D) a description of any challenges and
9 successes associated with such ecosystem.
10 (5) Such other elements as the Secretary con-
12 (d) INTERIM BRIEFING.—Not later than 90 days
14 of Defense shall provide to the congressional defense com-
15 mittees a briefing on the strategy and implementation plan
16 developed under subsection (a).
17 (e) SUBMITTAL OF STRATEGY AND PLAN.—Not later
18 than 180 days after the date of the enactment of this Act,
19 the Secretary of Defense shall submit to the congressional
20 defense committees the strategy and implementation plan
21 developed under subsection (a).
22 (f) QUADRENNIAL UPDATES.—Not later than March
23 1, 2027, and not less frequently than once ever four years
24 thereafter until December 31, 2039, the Secretary shall—
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1 (1) update the strategy and plan developed
2 under subsection (a); and
3 (2) submit the updated strategy and plan to the
4 congressional defense committees.
5 (g) DEFINITIONS.—In this section:
6 (1) The term ‘‘Department of Defense research,
7 development, test, and evaluation assets’’ includes
8 the following:
9 (A) The Department of Defense science
10 and technology reinvention laboratories des-
11 ignated under section 4121 of title 10, United
12 States Code.
13 (B) The Major Range and Test Facility
14 Base (as defined in section 4173(i) of such
15 title).
16 (C) Department of Defense sponsored
17 manufacturing innovation institutes.
18 (D) The organic industrial base.
19 (E) Defense Agencies and Department of
20 Defense Field Activities (as defined in section
21 101(a) of title 10, United States Code) that
22 carry out activities using funds appropriated for
23 research, development, test, and evaluation.
24 (F) Any other organization or element of
25 the Department of Defense that carries out ac-
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1 tivities using funds appropriated for research,
2 development, test, and evaluation.
3 (2) The term ‘‘innovation ecosystem’’ refers to
4 a regionally based network of private sector, aca-
5 demic, and government institutions in a network of
6 formal and informal institutional relationships that
7 contribute to technological and economic develop-
8 ment in a defined technology sector or sectors.
9 SEC. 237. ASSESSMENT AND STRATEGY RELATING TO
10 HYPERSONIC TESTING CAPACITY OF THE DE-
11 PARTMENT OF DEFENSE.
12 (a) ASSESSMENT.—The Secretary of Defense shall

13 assess the capacity of the Department of Defense to test,
14 evaluate, and qualify the hypersonic capabilities and re-
15 lated technologies of the Department.
18 (1) An assumption, for purposes of evaluating
19 the capacity described in subsection (a), that the De-
20 partment of Defense will conduct at least one full-
21 scale, operationally relevant, live-fire, hypersonic
22 weapon test of each hypersonic weapon system that
23 is under development each year by each of the Air
24 Force, the Army, and the Navy, once such system
25 reaches initial operational capability.
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1 (2) An identification of test facilities outside
2 the Department of Defense that have potential to be
3 used to expand the capacity described in subsection
4 (a), including test facilities of other departments and
5 agencies of the Federal Government, academia, and
6 commercial test facilities.
7 (3) An analysis of the capability of each test fa-
8 cility identified under paragraph (2) to simulate var-
9 ious individual and coupled hypersonic conditions to
10 accurately simulate a realistic flight-like environment
11 with all relevant aero-thermochemical conditions.
12 (4) An identification of the coordination, sched-
13 uling, reimbursement processes, and requirements
14 needed for the potential use of test facilities of other
15 departments and agencies of the Federal Govern-
16 ment, as available.
17 (5) An analysis of the test frequency, sched-
18 uling lead time, test cost, and capacity of each test
19 facility identified under paragraph (2).
20 (6) A review of test facilities identified under
21 paragraph (2) that could enhance efforts to test
22 flight vehicles of the Department in all phases of
23 hypersonic flight, and other technologies, including
24 sensors, communications, thermal protective shields
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1 and materials, optical windows, navigation, and envi-
2 ronmental sensors.
3 (7) An assessment of any cost savings and time
4 savings that could result from using technologies
5 identified in the strategy under subsection (c).
6 (c) STRATEGY.—
7 (1) REQUIREMENT.—Not later than 180 days
9 retary of Defense shall submit to the appropriate
10 congressional committees a strategy to coordinate
11 the potential use of test facilities and ranges identi-
12 fied under subsection (b)(2) to evaluate hypersonic
13 technologies.
14 (2) ELEMENTS.—The strategy under paragraph
15 (1) shall—
16 (A) be based on the assessment under sub-
17 section (a);
18 (B) address how the Secretary will coordi-
19 nate with other departments and agencies of
20 the Federal Government, including the National
21 Aeronautics and Space Administration, to plan
22 for and schedule the potential use of other Fed-
23 eral Government-owned test facilities and
24 ranges, as available, to evaluate the hypersonic
25 technologies of the Department of Defense;
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1 (C) to the extent practicable, address in
2 what cases the Secretary can use test facilities
3 identified under subsection (b)(2) to fill any ex-
4 isting testing requirement gaps to enhance and
5 accelerate flight qualification of critical
6 hypersonic technologies of the Department;
7 (D) identify—
8 (i) the resources needed to improve
9 the frequency and capacity for testing
10 hypersonic technologies of the Department
11 at ground-based test facilities and flight
12 test ranges, including estimated costs for
13 conducting at least one full-scale, oper-
14 ationally relevant, live-fire, hypersonic
15 weapon test of each hypersonic weapon
16 system that is under development each
17 year by each of the Air Force, the Army,
18 and the Navy, once such system reaches
19 initial operational capability;
20 (ii) the resources needed to reimburse
21 other departments and agencies of the
22 Federal Government for the use of the test
23 facilities and ranges of those departments
24 or agencies to test the hypersonics tech-
25 nologies of the Department;
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1 (iii) the requirements, approval proc-
2 esses, and resources needed to enhance, as
3 appropriate, the testing capabilities and ca-
4 pacity of other Federal Government-owned
5 test facilities and flight ranges, in coordi-
6 nation with the heads of the relevant de-
7 partments and agencies;
8 (iv) investments that the Secretary
9 can make to incorporate test facilities iden-
10 tified under subsection (b)(2) into the
11 overall hypersonic test infrastructure of the
12 Department of Defense; and
13 (v) the environmental conditions, test-
14 ing sizes, and duration required for flight
15 qualification of both hypersonic cruise and
16 hypersonic boost-glide technologies of the
17 Department; and
18 (E) address all advanced or emerging tech-
19 nologies that could shorten timelines and reduce
20 costs for hypersonic missile testing, including
21 with respect to—
22 (i) 3D printing of hypersonic test mis-
23 sile components including the frame, war-
24 head, and propulsion systems;
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1 (ii) reusable hypersonic test beds, in-
2 cluding air-launched, sea-launched, and
3 ground-launched options;
4 (iii) additive manufacturing solutions;
5 (iv) the potential use of airborne plat-
6 forms other than the B–52 aircraft to im-
7 prove flight schedules for such testing; and
8 (v) other relevant technologies.
9 (3) COORDINATION.—The Secretary of Defense
10 shall develop the strategy under paragraph (1) in co-
11 ordination with the Program Director of the Joint
12 Hypersonics Transition Office, the Administrator of
13 the National Aeronautics and Space Administration,
14 the research laboratories of the military depart-
15 ments, and the Department of Defense Test Re-
16 source Management Center.
17 (d) REPORT ON ESTIMATED COSTS OF CONDUCTING
18 A MINIMUM FREQUENCY OF HYPERSONIC WEAPONS
19 TESTING.—Not later than 180 days after the date of the
20 enactment of this Act, the Secretary of Defense shall sub-
21 mit to the appropriate congressional committees a report
22 that includes an estimate of the costs of conducting at
23 least one full-scale, operationally relevant, live-fire,
24 hypersonic weapon test of each hypersonic weapon system
25 that is under development each year by each of the Air
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1 Force, the Army, and the Navy, once such system reaches
2 initial operational capability.
3 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
4 FINED.—The term ‘‘appropriate congressional commit-
5 tees’’ means the following:
6 (1) The congressional defense committees.
7 (2) The Committee on Science, Space, and
8 Technology of the House of Representatives and the
9 Committee on Commerce, Science, and Transpor-
10 tation of the Senate.
11 SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF
12 FEDERALLY FUNDED RESEARCH AND DEVEL-
13 OPMENT CENTERS.
14 (a) ANNUAL REPORT REQUIRED.—On an annual

15 basis, the Secretary of Defense shall submit to the Com-
16 mittees on Armed Services of the Senate and the House
17 of Representatives a report that identifies and provides in-
18 formation about the studies and reports undertaken for
19 the Department of Defense by federally funded research
20 and development centers.
21 (b) ELEMENTS.—Each report submitted under sub-
22 section (a) shall set forth the following:
23 (1) A list identifying each study and report un-
24 dertaken by a federally funded research center for
25 the Department of Defense—
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1 (A) that has been completed during the pe-
2 riod covered by the report under subsection (a);
3 or
4 (B) that is in progress as of the date of
5 the report under subsection (a).
6 (2) For each study and report listed under
7 paragraph (1), the following:
8 (A) The title of the study or report.
9 (B) The federally funded research and de-
10 velopment center undertaking the study or re-
11 port.
12 (C) The amount of funding provided to the
13 federally funded research and development cen-
14 ter under the contract or other agreement pur-
15 suant to which the study or report is being pro-
16 duced or conducted.
17 (D) The completion date or anticipated
18 completion date of the study or report.
19 (c) EXCEPTIONS.—The report required by subsection
20 (a) shall not apply to the following:
21 (1) Classified reports or studies.
22 (2) Technical reports associated with scientific
23 research or technical development activities.
24 (3) Any report or study undertaken pursuant to
25 a contract or other agreement between a federally
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1 funded research and development center and an enti-
2 ty outside the Department of Defense.
3 (4) Reports or studies that are in draft form or
4 that have not undergone a peer-review or prepublica-
5 tion security review process established by the feder-
6 ally funded research and development center con-
7 cerned.
8 (d) SPECIAL RULE.—Each report under subsection
9 (a) shall be generated using the products and processes
10 generated pursuant to section 908 of the William M.
13 note).
14 (e) TERMINATION.—The requirement to submit an-
15 nual reports under subsection (a) shall terminate on the
16 date that is three years after the date of the enactment
17 of this Act.
18 SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FU-
19 TURES COMMAND RESEARCH PROGRAM RE-
20 ALIGNMENT STUDY.
21 (a) REPORT REQUIRED.—Not later than 180 days

23 of the Army shall submit to the congressional defense com-
24 mittees a report on the recommendations set forth in the
25 publication of the National Academies of Sciences, Engi-
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1 neering, and Medicine titled ‘‘Consensus Study Report:
2 U.S. Army Futures Command Research Program Realign-
3 ment’’ and dated April 23, 2022.
4 (b) CONTENTS.—The report submitted under sub-
6 (1) A description of each recommendation de-
7 scribed in such subsection that has already been im-
8 plemented.
10 scribed in such subsection that the Secretary has
11 commenced implementing, including a justification
12 for determining to commence implementing the rec-
13 ommendation.
15 scribed in such subsection that the Secretary has not
16 implemented or commenced implementing and a de-
17 termination as to whether or not to implement the
18 recommendation.
19 (4) For each recommendation under paragraph
20 (3) the Secretary determines to implement, the fol-
21 lowing:
22 (A) A timeline for implementation.
23 (B) A description of any additional re-
24 sources or authorities required for implementa-
25 tion.
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1 (C) The plan for implementation.
2 (5) For each recommendation under paragraph
3 (3) the Secretary determines not to implement, a
4 justification for the determination not to implement.
5 (c) FORMAT.—The report required by subsection (a)
6 shall be submitted in unclassified form, but may include
7 a classified annex.
8 SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILI-
9 ZATION OF THE ELECTRONIC PROVING
10 GROUNDS TESTING RANGE.

13 of Defense, acting through the Chair of the Electronic
14 Warfare Executive Committee of the Department of De-
15 fense, shall submit to the congressional defense commit-
16 tees a report on the Electronic Proving Grounds testing
17 range located at Fort Huachuca, Arizona.
18 (b) ELEMENTS.—The report under subsection (a)
19 shall address—
20 (1) the amount and types of testing activities
21 conducted at the Electronic Proving Grounds testing
22 range;
23 (2) any shortfalls in the facilities and equip-
24 ment of the range;
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1 (3) the capacity of the range to be used for ad-
2 ditional testing activities;
3 (4) the possibility of using the range for the
4 testing activities of other Armed Forces, Federal
5 agencies, and private-sector entities in the United
6 States;
7 (5) the capacity of the range to be used for re-
8 alistic electronic warfare training;
9 (6) electronic warfare training shortfalls at do-
10 mestic military installations generally; and
11 (7) the feasibility and advisability of providing
12 a dedicated training area for electronic warfare ca-
13 pabilities.
14 (c) CONSULTATION.—In preparing the report under
15 subsection (a), the Chair of the Electronic Warfare Execu-
16 tive Committee shall consult with the following:
17 (1) The Under Secretary of Defense for Re-
18 search and Engineering.
19 (2) The Chief Information Officer of the De-
20 partment of Defense.
21 (3) The Director of Operational Test and Eval-
22 uation of the Department of Defense.
23 (4) The Commander of the United States Stra-
24 tegic Command.
25 (5) The Secretary of the Army.
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1 (6) The Electromagnetic Spectrum Operations
2 Cross-Functional Team established pursuant to sec-
3 tion 911(c) of the National Defense Authorization
4 Act for Fiscal Year 2017 (Public Law 114–328; 10
5 U.S.C. 111 note).
6 (7) The governments of Cochise County and Si-
7 erra Vista, Arizona.
8 SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPER-
9 FORMING SOFTWARE AND INFORMATION
10 TECHNOLOGY.
11 (a) STUDY REQUIRED.—The Secretary of Defense

12 shall seek to enter into a contract or other agreement with
13 an eligible entity to conduct an independent study on the
14 challenges associated with the use of software and infor-
15 mation technology in the Department of Defense, the ef-
16 fects of such challenges, and potential solutions to such
17 challenges.
18 (b) ELEMENTS.—The independent study conducted
19 under subsection (a) shall include the following:
20 (1) A survey of members of each Armed Force
21 under the jurisdiction of a Secretary of a military
22 department to identify the most important software
23 and information technology challenges that result in
24 lost working hours, including—
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1 (A) an estimate of the number of working
2 hours lost due to each challenge and the cost of
3 such lost working hours;
4 (B) the effects of each challenge on serv-
5 icemember and employee retention; and
6 (C) any negative effects of each challenge
7 on a mission of the Armed Force or military de-
8 partment concerned.
9 (2) A summary of the policy or technical chal-
10 lenges that limit the ability of each Secretary of a
11 military department to implement needed software
12 and information technology reforms, which shall be
13 determined based on interviews conducted with indi-
14 viduals who serve as a chief information officer (or
15 an equivalent position) in a military department.
16 (3) Development of a framework for assessing
17 underperforming software and information tech-
18 nology, with an emphasis on foundational informa-
19 tion technology to standardize the measurement and
20 comparison of programs across the Department of
21 Defense and its component organizations. Such a
22 framework shall enable the assessment of underper-
23 forming software and information technology based
24 on—
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1 (A) designs, interfaces, and functionality
2 which prioritize user experience and efficacy;
3 (B) costs due to lost productivity;
4 (C) reliability and sustainability;
5 (D) comparisons between—
6 (i) outdated or outmoded information
7 technologies, software, and applications;
8 and
9 (ii) modern information technologies,
10 software, and applications;
11 (E) overhead costs for software and infor-
12 mation technology in the Department compared
13 to the overhead costs for comparable software
14 and information technology in the private sec-
15 tor;
16 (F) comparison of the amounts the De-
17 partment planned to expend on software and in-
18 formation technology services versus the
19 amounts actually spent for such software and
20 services;
21 (G) the mean amount of time it takes to
22 resolve technical problems reported by users;
23 (H) the average rate, expressed in time,
24 for remediating or patching weaknesses or flaws
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1 in information technologies, software, and appli-
2 cations;
3 (I) workforce training time; and
4 (J) customer satisfaction.
5 (4) The development of recommendations—
6 (A) to address the challenges identified
7 under paragraph (1); and
8 (B) to improve the processes through
9 which the Secretary provides software and in-
10 formation technology throughout the Depart-
11 ment, including through—
12 (i) business processes reengineering;
13 (ii) improvement of procurement or
14 sustainment processes;
15 (iii) remediation of hardware and soft-
16 ware technology gaps; and
17 (iv) the development of more detailed
18 and effective cost estimates.
19 (c) REPORT REQUIRED.—Not later than one year
20 after the date of the enactment of this Act, the eligible
21 entity that conducts the study under subsection (a) shall
22 submit to the Secretary of Defense and the congressional
23 defense committees a report on the results of such study.
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1 (1) The term ‘‘eligible entity’’ means an inde-
2 pendent entity not under the direction or control of
3 the Secretary of Defense, which may include a de-
4 partment or agency of the Federal Government out-
5 side the Department of Defense.
6 (2) The term ‘‘software and information tech-
7 nology’’ does not include embedded software and in-
8 formation technology used for weapon systems.
9 SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPER-
10 ATIONAL TEST AND EVALUATION RE-
11 SOURCES SUPPORTING CERTAIN MAJOR DE-
12 FENSE ACQUISITION PROGRAMS.
13 (a) STUDY.—The Director of Operational Test and

14 Evaluation of the Department of Defense shall conduct
15 a study of at least one major defense acquisition program
16 within each covered Armed Force to determine the suffi-
17 ciency of the operational test and evaluation resources
18 supporting such program.
19 (b) ELEMENTS.—The study under subsection (a)
20 shall include, with respect to each major defense acquisi-
21 tion program evaluated as part of the study, the following:
22 (1) Identification and assessment of the oper-
23 ational test and evaluation resources supporting the
24 program—
25 (A) as of the date of the study;
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1 (B) during the five-year period preceding
2 the date of the study; and
3 (C) over the period covered by the most re-
4 cent future-years defense program submitted to
6 States Code.
7 (2) For any operational test and evaluation re-
8 sources determined to be insufficient to meet the
9 needs of the program, an evaluation of the amount
10 of additional funding and any other support that
11 may be required to ensure the sufficiency of such re-
12 sources.
13 (3) The amount of Government-funded, con-
14 tractor-provided operational test and evaluation re-
15 sources—
16 (A) provided for the program as of the
17 date of the study; and
18 (B) that are planned to be provided for the
19 program after such date.
20 (4) Such other matters as the Director of Oper-
21 ational Test and Evaluation determines to be rel-
22 evant to the study.
23 (c) REPORT.—Not later than one year after the date
24 of the enactment of this Act, the Director of Operational
25 Test and Evaluation shall submit to the congressional de-
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1 fense committees a report on the results of the study con-
2 ducted under subsection (a).
4 (1) The term ‘‘covered Armed Force’’ means
5 the Army, the Navy, the Marine Corps, the Air
6 Force, and the Space Force.
7 (2) The term ‘‘major defense acquisition pro-
8 gram’’ has the meaning given that term in section
9 4201 of title 10, United States Code.
10 (3) The term ‘‘operational test and evaluation
11 resources’’ means the facilities, specialized test as-
12 sets, schedule, workforce, and any other resources
13 supporting operational test and evaluation activities
14 under a major defense acquisition program.
15 TITLE III—OPERATION AND
16 MAINTENANCE
Subtitle B—Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.

Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program for
State-owned facilities of the National Guard with proven expo-
sure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department
of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and
energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered,
or hydrogen-powered vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense relating to
renewable biomass and biogas.
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Sec. 319. Programs of military departments on reduction of fuel reliance and
promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements
for future operational energy needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to ex-
treme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain
Sec. 323. Pilot program for development of electric vehicle charging solutions
to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries through re-
cycling.
Sec. 326. Guidance and target goal relating to formerly used defense sites pro-
grams.
Sec. 327. Analysis and plan for addressing heat island effect on military instal-
lations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department
of Defense with electric vehicles, advanced-biofuel-powered ve-
hicles, or hydrogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.

Sec. 332. Authorization of closure of underground storage tank system at Red
Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-
Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill
Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health implica-
tions of fuel leaks at Red Hill Bulk Fuel Storage Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl

Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or

polyfluoroalkyl substances.
Sec. 342. Increase 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 Sub-
stances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing for
perfluoroalkyl or polyfluoroalkyl substances on private prop-
erty.
Sec. 345. Restriction on procurement or purchasing by Department of Defense
of turnout gear for firefighters containing perfluoroalkyl sub-
stances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installa-
tions from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense
procurement of certain items containing PFOS or PFOA.
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Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and ob-
jectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in readi-
ness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts fol-
lowing major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on duration
of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations regarding
Shipyard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support
operations.
Sec. 358. Notification of modification to policy regarding retention rates for
Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in United
States and effect of those shipyards on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics across United
States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribu-
tion points in United States Indo-Pacific Command area of re-
sponsibility.
Subtitle F—Matters Relating to Depots and Ammunition Production

Facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance
and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for unspec-
ified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition produc-
tion facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level
maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for
performance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Depart-
ment of the Army.
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint

Safety Council.
Sec. 382. Accountability for Department of Defense contractors using military
working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibil-
ities in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire preven-
tion and response.
Sec. 386. Interagency collaboration and extension of pilot program on military
working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
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Sec. 388. National standards for Federal fire protection at military installa-
tions.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of members
of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility sanita-
tion and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive agent for
Naval Small Craft Instruction and Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine
countermeasures platforms.
2 Appropriations

5 fiscal year 2023 for the use of the Armed Forces and other
6 activities and agencies of the Department of Defense for
7 expenses, not otherwise provided for, for operation and
8 maintenance, as specified in the funding table in section
9 4301.
10 Subtitle B—Energy and
11 Environment
12 SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL
13 SECURITY.
14 Chapter 7 of title 10, United States Code, is amended

15 by inserting after section 182 the following new section
16 (and conforming the table of sections at the beginning of
17 such chapter accordingly):
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1 ‘‘§ 182a. Center for Excellence in Environmental Se-
2 curity
3 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense

4 may operate a Center for Excellence in Environmental Se-
5 curity (in this section referred to as the ‘Center’).
6 ‘‘(b) MISSIONS.—(1) The Center shall be used to pro-
7 vide and facilitate education, training, and research in
8 civil-military operations, particularly operations that re-
9 quire international assistance and operations that require
10 coordination between the Department of Defense and
11 other Federal agencies.
12 ‘‘(2) The Center shall be used to provide and facili-
13 tate education, training, interagency coordination, and re-
14 search on the following additional matters:
15 ‘‘(A) Management of the consequences of envi-
16 ronmental insecurity with respect to—
17 ‘‘(i) access to water, food, and energy;
18 ‘‘(ii) related health matters; and
19 ‘‘(iii) matters relating to when, how, and
20 why environmental stresses to human safety,
21 health, water, energy, and food will cascade to
22 economic, social, political, or national security
23 events.
24 ‘‘(B) Appropriate roles for the reserve compo-
25 nents in response to environmental insecurity result-
26 ing from natural disasters.
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1 ‘‘(C) Meeting requirements for information in
2 connection with regional and global disasters, includ-
3 ing through the use of advanced communications
4 technology as a virtual library.
5 ‘‘(3) The Center shall perform such other missions
6 as the Secretary of Defense may specify.
7 ‘‘(4) To assist the Center in carrying out the missions
8 under this subsection, upon request of the Center, the
9 head of any Federal agency may grant to the Center ac-
10 cess to the data, archives, and other physical resources
11 (including facilities) of that agency, and may detail any
12 personnel of that agency to the Center, for the purpose
13 of enabling the development of global environmental indi-
14 cators.
15 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI-
16 TUTION AUTHORIZED.—The Secretary of Defense may
17 enter into an agreement with appropriate officials of an
18 institution of higher education to provide for the operation
19 of the Center. Any such agreement shall provide for the
20 institution to furnish necessary administrative services for
21 the Center, including by directly providing such services
22 or providing the funds for such services.
23 ‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as
24 provided in paragraph (2), the Secretary of Defense may
25 accept, on behalf of the Center, donations to be used to
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1 defray the costs of the Center or to enhance the operation
2 of the Center. Such donations may be accepted from any
3 agency of the Federal Government, any State or local gov-
4 ernment, any foreign government, any foundation or other
5 charitable organization (including any that is organized or
6 operates under the laws of a foreign country), or any other
7 private source in the United States or a foreign country.
8 ‘‘(2) The Secretary may not accept a donation under
9 paragraph (1) if the acceptance of the donation would
10 compromise or appear to compromise—
11 ‘‘(A) the ability of the Department of Defense,
12 any employee of the Department, or any member of
13 the armed forces, to carry out any responsibility or
14 duty of the Department or the armed forces in a fair
15 and objective manner; or
16 ‘‘(B) the integrity of any program of the De-
17 partment of Defense or of any person involved in
18 such a program.
19 ‘‘(3) The Secretary shall prescribe written guidance
20 setting forth the criteria to be used in determining wheth-
21 er or not the acceptance of a foreign donation under para-
22 graph (1) would have a result described in paragraph (2).
23 ‘‘(4) Funds accepted by the Secretary under para-
24 graph (1) as a donation on behalf of the Center shall be
25 credited to appropriations available to the Department of
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1 Defense for the Center. Funds so credited shall be merged
2 with the appropriations to which credited and shall be
3 available for the Center for the same purposes and the
4 same period as the appropriations with which merged.’’.
5 SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND
6 WATER QUALITY TRADING.

8 States Code, is amended by inserting after section 2694c
9 the following new section:
10 ‘‘§ 2694d. Participation in pollutant banks and water
11 quality trading
12 ‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary

13 of a military department, and the Secretary of Defense
14 with respect to matters concerning a Defense Agency,
15 when engaged in an authorized activity that may or will
16 result in the discharge of pollutants, may make payments
17 to a pollutant banking program or water quality trading
18 program approved in accordance with the Water Quality
19 Trading Policy dated January 13, 2003, set forth by the
20 Office of Water of the Environmental Protection Agency,
21 or any successor administrative guidance or regulation.
22 ‘‘(b) TREATMENT OF PAYMENTS.—Payments made
23 under subsection (a) to a pollutant banking program or
24 water quality trading program may be treated as eligible
25 project costs for military construction.
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1 ‘‘(c) DISCHARGE OF POLLUTANTS DEFINED.—In
2 this section, the term ‘discharge of pollutants’ has the
3 meaning given that term in section 502(12) of the Federal
4 Water Pollution Control Act (33 U.S.C. 1362(12)) (com-
5 monly referred to as the ‘Clean Water Act’).’’.
7 at the beginning of such chapter is amended by inserting
8 after the item relating to section 2694c following new
9 item:
‘‘2694d. Participation in pollutant banks and water quality trading.’’.
10 SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRON-
11 MENTAL RESTORATION PROGRAM FOR
12 STATE-OWNED FACILITIES OF THE NATIONAL
13 GUARD WITH PROVEN EXPOSURE OF HAZ-
14 ARDOUS SUBSTANCES AND WASTE.
15 (a) DEFINITION OF STATE-OWNED NATIONAL

16 GUARD FACILITY.—Section 2700 of title 10, United
18 lowing new paragraph:
19 ‘‘(4) The term ‘State-owned National Guard fa-
20 cility’ includes land owned and operated by a State
21 when such land is used for training the National
22 Guard pursuant to chapter 5 of title 32 with funds
23 provided by the Secretary of Defense or the Sec-
24 retary of a military department, even though such
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1 land is not under the jurisdiction of the Department
2 of Defense.’’.
3 (b) AUTHORITY FOR DEFENSE ENVIRONMENTAL
4 RESTORATION PROGRAM.—Section 2701(a)(1) of such
5 title is amended, in the first sentence, by inserting ‘‘and
6 at State-owned National Guard facilities’’ before the pe-
7 riod.
8 (c) RESPONSIBILITY FOR RESPONSE ACTIONS.—Sec-
9 tion 2701(c)(1) of such title is amended by adding at the
10 end the following new subparagraph:
11 ‘‘(D) Each State-owned National Guard
12 facility being used for training the National
13 Guard pursuant to chapter 5 of title 32 with
14 funds provided by the Secretary of Defense or
15 the Secretary of a military department at the
16 time of actions leading to contamination by
17 hazardous substances or pollutants or contami-
18 nants.’’.
19 SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND EN-
20 ERGY REPORTS OF DEPARTMENT OF DE-
21 FENSE.
22 (a) ENVIRONMENTAL REPORT.—Section 2711 of title

23 10, United States Code, is amended by striking sub-
24 sections (a) and (b) and inserting the following new sub-
25 sections:
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1 ‘‘(a) REPORT REQUIRED.—Not later than March 31
2 of each year, the Secretary of Defense shall submit to Con-
3 gress a report on progress made by environmental pro-
4 grams of the Department of Defense during the preceding
5 fiscal year.
6 ‘‘(b) ELEMENTS.—Each report under subsection (a)
7 shall include, for the year covered by the report, the fol-
8 lowing:
9 ‘‘(1) With respect to environmental restoration
10 activities of the Department of Defense, and for
11 each of the military departments, information on the
12 Defense Environmental Restoration Program under
13 section 2701 of this title, including—
14 ‘‘(A) the total number of sites at which
15 such program was carried out;
16 ‘‘(B) the progress of remediation for sites
17 that have not yet completed cleanup;
18 ‘‘(C) the remaining cost to complete clean-
19 up of known sites; and
20 ‘‘(D) an assessment by the Secretary of
21 Defense of the overall progress of such pro-
22 gram.
23 ‘‘(2) An assessment by the Secretary of achieve-
24 ments for environmental conservation and planning
25 by the Department.
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2 ments for environmental compliance by the Depart-
3 ment.
5 ments for climate resiliency by the Department.
6 ‘‘(5) An assessment by the Secretary of the
7 progress made by the Department in achieving the
8 objectives and goals of the Environmental Tech-
9 nology Program of the Department.
10 ‘‘(c) CONSOLIDATION.—The Secretary of Defense
11 may consolidate, attach with, or otherwise include in any
12 report required under subsection (a) any annual report or
13 other requirement that is aligned or associated with, or
14 would be better understood if presented as part of a con-
15 solidated report addressing environmental restoration,
16 compliance, and resilience.’’.
17 (b) ENERGY REPORT.—
18 (1) IN GENERAL.—Section 2925 of such title is
19 amended—
20 (A) by amending the section heading to
21 read as follows: ‘‘Annual report on en-
22 ergy performance, resilience, and
23 readiness of Department of Defense’’;
24 and
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1 (B) by striking subsections (a) and (b) and
2 inserting the following new subsections:
3 ‘‘(a) REPORT REQUIRED.—Not later than 240 days
4 after the end of each fiscal year, the Secretary of Defense
5 shall submit to the congressional defense committees a re-
6 port detailing the fulfillment during that fiscal year of the
7 authorities and requirements under sections 2688, 2911,
8 2912, 2920, and 2926 of this title, including progress on
9 energy resilience at military installations and the use of
10 operational energy in combat platforms and at contin-
11 gency locations.
12 ‘‘(b) ELEMENTS.—Each report under subsection (a)
14 ‘‘(1) For the year covered by the report, the fol-
15 lowing:
16 ‘‘(A) A description of the progress made to
17 achieve the goals of the Energy Policy Act of
18 2005 (Public Law 109–58), section 2911(g) of
19 this title, and the Energy Independence and Se-
20 curity Act of 2007 (Public Law 110–140).
21 ‘‘(B) A description of the energy savings,
22 return on investment, and enhancements to in-
23 stallation mission assurance realized by the ful-
24 fillment of the goals described in subparagraph
25 (A).
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1 ‘‘(C) A description of and progress toward
2 the energy security, resilience, and performance
3 goals and master planning for the Department
4 of Defense, including associated metrics pursu-
5 ant to subsections (c) and (d) of section 2911
6 of this title and requirements under section
7 2688(g) of this title.
8 ‘‘(D) An evaluation of progress made by
9 the Department in implementing the oper-
10 ational energy strategy of the Department, in-
11 cluding the progress of key initiatives and tech-
12 nology investments related to operational en-
13 ergy demand and management.
14 ‘‘(E) Details of the amounts of any funds
15 transferred by the Secretary of Defense pursu-
16 ant to section 2912 of this title, including a de-
17 tailed description of the purpose for which such
18 amounts have been used.
19 ‘‘(2) Statistical information on operational en-
20 ergy demands of the Department, in terms of ex-
21 penditures and consumption, for the preceding five
22 fiscal years, including information on funding made
23 available in regular defense appropriations Acts and
24 any supplemental appropriations Acts.
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1 ‘‘(3) A description of each initiative related to
2 the operational energy strategy of the Department
3 and a summary of funds appropriated for each ini-
4 tiative in the previous fiscal year and current fiscal
5 year and requested for each initiative for the next
6 five fiscal years.
7 ‘‘(4) Such recommendations as the Secretary
8 considers appropriate for additional changes in orga-
9 nization or authority within the Department to en-
10 able further implementation of the energy strategy
11 and such other comments and recommendations as
12 the Secretary considers appropriate.
13 ‘‘(c) CLASSIFIED FORM.—If a report under sub-
14 section (a) is submitted in classified form, the Secretary
15 of Defense shall, concurrently with such report, submit to
16 the congressional defense committees an unclassified
17 version of the report.
18 ‘‘(d) CONSOLIDATION.—The Secretary of Defense
19 may consolidate, attach with, or otherwise include in any
20 report required under subsection (a) any annual report or
21 other requirement that is aligned or associated with, or
22 would be better understood if presented as part of a con-
23 solidated report addressing energy performance, resilience,
24 and readiness.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec-
2 tions at the beginning of subchapter III of chapter
3 173 of such title is amended by striking the item re-
4 lating to section 2925 and inserting the following
5 new item:
‘‘2925. Annual report on energy performance, resilience, and readiness of De-
partment of Defense.’’.
6 (c) CONTINUATION OF REPORTING REQUIRE-

7 MENTS.—
8 (1) IN GENERAL.—Section 1080(a) of the Na-

10 2016 (Public Law 114–92; 129 Stat. 1000; 10
11 U.S.C. 111 note) does not apply to the following re-
12 ports:
13 (A) The report required to be submitted to
15 States Code.
16 (B) The report required to be submitted to
18 States Code.
19 (2) CONFORMING REPEAL.—Section 1061(c) of
20 National Defense Authorization Act for Fiscal Year
22 amended by striking paragraphs (51) and (54).
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1 SEC. 315. AGGREGATION OF ENERGY CONSERVATION
2 MEASURES AND FUNDING.

4 amended by adding at the end the following new sub-
5 section:
6 ‘‘(j) AGGREGATE ENERGY CONSERVATION MEAS-
7 URES AND FUNDING.—(1) To the maximum extent prac-
8 ticable, the Secretary concerned shall take a holistic view
9 of the energy project opportunities on installations under
10 the jurisdiction of such Secretary and shall consider aggre-
11 gate energy conservation measures, including energy con-
12 servation measures with quick payback, with energy resil-
13 ience enhancement projects and other projects that may
14 have a longer payback period.
15 ‘‘(2) In considering aggregate energy conservation
16 measures under paragraph (1), the Secretary concerned
17 shall incorporate all funding available to such Secretary
18 for such measures, including—
19 ‘‘(A) appropriated funds, such as—
20 ‘‘(i) funds appropriated for the Energy Re-
21 silience and Conservation Investment Program
22 of the Department; and
23 ‘‘(ii) funds appropriated for the Facilities
24 Sustainment, Restoration, and Modernization
25 program of the Department; and
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1 ‘‘(B) funding available under performance con-
2 tracts, such as energy savings performance contracts
3 and utility energy service contracts.’’.
4 SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR EN-
5 ERGY PERFORMANCE GOALS AND ENERGY
6 PERFORMANCE MASTER PLAN.
7 Section 2911(e) of title 10, United States Code, is

8 amended by adding at the end the following new para-
9 graphs:
10 ‘‘(14) The reliability and security of energy re-
11 sources in the event of a military conflict.
12 ‘‘(15) The value of resourcing energy from
13 partners and allies of the United States.’’.
14 SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMIS-
15 SION, ADVANCED-BIOFUEL-POWERED, OR HY-
16 DROGEN-POWERED VEHICLES FOR THE DE-
18 (a) REQUIREMENT.—Section 2922g of title 10,

19 United States Code, is amended—
20 (1) in the heading, by striking ‘‘systems’’ and
21 inserting ‘‘systems; purchase or lease of cer-
22 tain electric and other vehicles’’;
23 (2) in subsection (a), by striking ‘‘In leasing’’
24 and inserting ‘‘During the period preceding October
25 1, 2035, in leasing’’;
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1 (3) in subsection (c), by inserting ‘‘, during the
2 period specified in subsection (a),’’ after ‘‘from au-
3 thorizing’’; and
4 (4) by adding at the end the following new sub-
5 sections:
6 ‘‘(d) REQUIREMENT.—Except as provided in sub-
7 section (e), beginning on October 1, 2035, each covered
8 nontactical vehicle purchased or leased by or for the use
9 of the Department of Defense shall be—
10 ‘‘(1) an electric or zero emission vehicle that
11 uses a charging connector type (or other means to
12 transmit electricity to the vehicle) that meets appli-
13 cable industry accepted standards for interoper-
14 ability and safety;
15 ‘‘(2) an advanced-biofuel-powered vehicle; or
16 ‘‘(3) a hydrogen-powered vehicle.
17 ‘‘(e) RELATION TO OTHER VEHICLE TECHNOLOGIES
18 THAT REDUCE CONSUMPTION OF FOSSIL FUELS.—Not-
19 withstanding the requirement under subsection (d), begin-
20 ning on October 1, 2035, the Secretary of Defense may
21 authorize the purchase or lease of a covered nontactical
22 vehicle that is not described in such subsection if the Sec-
23 retary determines, on a case-by-case basis, that—
24 ‘‘(1) the technology used in the vehicle to be
25 purchased or leased reduces the consumption of fos-
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1 sil fuels compared to vehicles that use conventional
2 internal combustion technology;
3 ‘‘(2) the purchase or lease of such vehicle is
4 consistent with the energy performance goals and
5 plan of the Department of Defense required by sec-
6 tion 2911 of this title; and
7 ‘‘(3) the purchase or lease of a vehicle described
8 in subsection (d) is impracticable under the cir-
9 cumstances.
10 ‘‘(f) WAIVER.—(1) The Secretary of Defense may
11 waive the requirement under subsection (d).
12 ‘‘(2) The Secretary of Defense may not delegate the
13 waiver authority under paragraph (1).
14 ‘‘(g) DEFINITIONS.—In this section:
15 ‘‘(1) The term ‘advanced-biofuel-powered vehi-
16 cle’ includes a vehicle that uses a fuel described in
17 section 9001(3)(A) of the Farm Security and Rural
18 Investment Act of 2202 (7 U.S.C. 8101(3)(A)).
19 ‘‘(2) The term ‘covered nontactical vehicle’
20 means any vehicle—
21 ‘‘(A) that is not a tactical vehicle designed
22 for use in combat; and
23 ‘‘(B) that is purchased or leased by the
24 Department of Defense pursuant to a contract
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1 entered into, renewed, modified, or amended on
2 or after October 1, 2035.
3 ‘‘(3) The term ‘hydrogen-powered vehicle’
4 means a vehicle that uses hydrogen as the main
5 source of motive power, either through a fuel cell or
6 internal combustion.’’.
8 at the beginning of subchapter II of chapter 173 of such
9 title is amended by striking the item relating to section
10 2922g and inserting the following new item:
‘‘2922g. Preference for motor vehicles using electric or hybrid propulsion sys-
tems; purchase or lease of certain electric and other vehicles.’’.
11 SEC. 318. CLARIFICATION AND REQUIREMENT FOR DE-
12 PARTMENT OF DEFENSE RELATING TO RE-
13 NEWABLE BIOMASS AND BIOGAS.

15 amended—
16 (1) in paragraph (6)—
17 (A) by redesignating subparagraphs (D)
18 through (I) as subparagraphs (E) through (J),
19 respectively; and
20 (B) by inserting after subparagraph (C)
21 the following new subparagraph (D):
22 ‘‘(D) Biogas.’’; and
23 (2) by adding at the end the following new
24 paragraphs:
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1 ‘‘(7) The term ‘biomass’ has the meaning given
2 the term ‘renewable biomass’ in section 211(o)(1) of
3 the Clean Air Act (42 U.S.C. 7545(o)(1)).
4 ‘‘(8) The term ‘biogas’ means biogas as such
5 term is used in section 211(o)(1)(B)(ii)(V) of the
6 Clean Air Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)).’’.
7 SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON RE-
8 DUCTION OF FUEL RELIANCE AND PRO-
9 MOTION OF ENERGY-AWARE BEHAVIORS.
10 (a) ESTABLISHMENT.—Subchapter III of chapter

11 173 of title 10, United States Code, is amended by adding
12 at the end the following new section (and conforming the
13 table of sections at the beginning of such subchapter ac-
14 cordingly):
15 ‘‘§ 2928. Programs on reduction of fuel reliance and
16 promotion of energy-aware behaviors
17 ‘‘(a) ESTABLISHMENT.—Each Secretary of a military

18 department shall establish a program for the promotion
19 of energy-aware behaviors and the reduction of unneces-
20 sary fuel consumption within that military department.
21 ‘‘(b) GOALS.—The goals of the programs established
22 under subsection (a) shall be as follows:
23 ‘‘(1) To increase operational energy resiliency.
24 ‘‘(2) To decrease energy-related strategic
25 vulnerabilities and enhance military readiness.
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1 ‘‘(3) To integrate sustainability features for
2 new and existing military installations and other fa-
3 cilities of the Department.
4 ‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the
5 program of a military department under subsection (a),
6 the Secretary of the military department shall carry out,
7 with respect to the military department, and at a min-
8 imum, the following:
9 ‘‘(1) The development and implementation of a
10 strategy for the collection and analysis of data on
11 fuel consumption, to identify operational inefficien-
12 cies and enable data-driven decision making with re-
13 spect to fuel logistics and the reduction of fuel con-
14 sumption.
15 ‘‘(2) The fostering of an energy-aware culture
16 across the military department to reduce fuel con-
17 sumption, including through—
18 ‘‘(A) the incorporation of energy conserva-
19 tion and resiliency principles into training cur-
20 ricula and other training materials of the mili-
21 tary department, including by updating such
22 materials to include information on the effect of
23 energy-aware behaviors on improving readiness
24 and combat capability; and
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1 ‘‘(B) the review of standard operating pro-
2 cedures, and other operational manuals and
3 procedures, of the military department, to iden-
4 tify procedures that increase fuel consumption
5 with no operational benefit.
6 ‘‘(3) The integration of operational energy fac-
7 tors into the wargaming of the military department
8 and related training activities that involve the mod-
9 eling of scenarios, in accordance with subsection (d),
10 to provide to participants in such activities realistic
11 data on the risks and challenges relating to oper-
12 ational energy and fuel logistics.
13 ‘‘(4) The implementation of data-driven proce-
14 dures, operations planning, and logistics, to optimize
15 cargo transport and refueling operations within the
16 military department.
17 ‘‘(d) WARGAMING ELEMENTS.—In integrating oper-
18 ational energy factors into the wargaming and related
19 training activities of a military department under sub-
20 section (c)(3), the Secretary of the military department
21 shall seek to ensure that the planning, design, and execu-
22 tion of such activities include—
23 ‘‘(1) coordination with the elements of the mili-
24 tary department responsible for fuel and logistics
25 matters, to ensure the modeling of energy demand
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1 and network risk during such activities are accurate,
2 taking into account potential shortfalls and the di-
3 rect and indirect effects of the efforts of foreign ad-
4 versaries to target fuel supply chains; and
5 ‘‘(2) a focus on improving integrated life-cycle
6 management processes and fuel supply logistics.’’.
7 (b) DEADLINE FOR ESTABLISHMENT.—The pro-
8 grams required under section 2928 of title 10, United
9 States Code, as added by subsection (a), shall be estab-
10 lished by not later than 180 days after the date of the
11 enactment of this Act.
12 (c) BRIEFING.—Not later than 180 days after the
13 date of enactment of this Act, each Secretary of a military
14 department shall provide to the congressional defense
15 committees a briefing on the establishment of the program
16 of the military department required under such section
17 2928.
18 SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO
19 DETERMINE JOINT REQUIREMENTS FOR FU-
20 TURE OPERATIONAL ENERGY NEEDS OF DE-

24 1653) is amended by adding at the end the following new
25 subsection:
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1 ‘‘(e) ESTABLISHMENT OF JOINT WORKING GROUP
2 TO DETERMINE JOINT REQUIREMENTS FOR FUTURE
3 OPERATIONAL ENERGY NEEDS OF DEPARTMENT OF DE-
4 FENSE.—
5 ‘‘(1) ESTABLISHMENT.—The Secretary of De-

6 fense shall establish a joint working group (in this
7 subsection referred to as the ‘working group’) to de-
8 termine joint requirements for future operational en-
9 ergy needs of the Department of Defense.
10 ‘‘(2) EXECUTIVE AGENT.—The Secretary of the
11 Air Force shall serve as the executive agent of the
12 working group.
13 ‘‘(3) REQUIREMENTS SPECIFIED.—
14 ‘‘(A) IN GENERAL.—In determining joint

15 requirements under paragraph (1), the working
16 group shall address the operational energy
17 needs of each military department and combat-
18 ant command to meet energy needs in all do-
19 mains of warfare, including land, air, sea,
20 space, cyberspace, subsea, and subterranean en-
21 vironments.
22 ‘‘(B) PRIORITY FOR CERTAIN SYSTEMS.—
23 Priority for joint requirements under paragraph

24 (1) shall be given to independent operational
25 energy systems that—
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1 ‘‘(i) are capable of operating in aus-
2 tere and isolated environments with quick
3 deployment capabilities; and
4 ‘‘(ii) may reduce conventional air pol-
5 lution and greenhouse gas emissions com-
6 parable to systems already in use.
7 ‘‘(4) EXISTING OR NEW PROGRAMS.—The work-
8 ing group shall address the feasibility of meeting
9 joint requirements determined under paragraph (1)
10 through the existing energy programs of the Depart-
11 ment and make recommendations for new programs
12 to meet such requirements.
13 ‘‘(5) FOCUS AREAS.—In carrying out the re-
14 quirements under this subsection, the working group
15 shall focus the efforts of the working group on oper-
16 ational energy, including—
17 ‘‘(A) micro-reactors and small modular re-
18 actors;
19 ‘‘(B) hydrogen-based fuel systems, includ-
20 ing hydrogen fuel cells and hydrogen-based
21 combustion engines;
22 ‘‘(C) battery storage;
23 ‘‘(D) renewable energy sources;
24 ‘‘(E) retrofits to existing platforms that
25 shall increase efficiencies; and
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1 ‘‘(F) other technologies and resources that
2 meet joint requirements determined under para-
3 graph (1).
4 ‘‘(6) RECOMMENDED PLAN OF ACTION.—
5 ‘‘(A) IN GENERAL.—Not later than 180

6 days after the date of the enactment of this
7 subsection, the Secretary shall submit to the
8 congressional defense committees a report, and
9 provide to the congressional defense committees
10 a classified briefing, outlining recommendations
11 for programs to meet joint requirements for fu-
12 ture operational energy needs of the Depart-
13 ment of Defense by 2025, 2030, and 2040.
14 ‘‘(B) FOCUS ON READINESS AND FLEXI-
15 BILITY.—In submitting the report and pro-

16 viding the briefing under subparagraph (A), the
17 Secretary shall—
18 ‘‘(i) address each element of the re-
19 port or briefing, as the case may be, in the
20 context of maintaining or increasing the
21 readiness levels of the Armed Forces and
22 the flexibility of operational elements with-
23 in the Department; and
24 ‘‘(ii) disregard energy sources that do
25 not increase such readiness and flexibility,
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1 with an explanation for the reason such
2 sources were disregarded.
3 ‘‘(C) FORM.—The report under subpara-
4 graph (A) shall be submitted in unclassified
5 form, but may include a classified annex.
6 ‘‘(7) DEFINITIONS.—In this subsection:
7 ‘‘(A) The term ‘advanced nuclear reactor’
8 has the meaning given that term in section
9 951(b) of the Energy Policy Act of 2005 (42
10 U.S.C. 16271(b)).
11 ‘‘(B) The term ‘micro-reactor’ means an
12 advanced nuclear reactor that has an electric
13 power production capacity that is not greater
14 than 50 megawatts that can be transported via
15 land, air, or sea transport and can be rede-
16 ployed.
17 ‘‘(C) The term ‘small modular reactor’
18 means an advanced nuclear reactor—
19 ‘‘(i) with a rated capacity of less than
20 300 electrical megawatts; or
21 ‘‘(ii) that can be constructed and op-
22 erated in combination with similar reactors
23 at a single site.’’.
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1 SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT
2 OF DEFENSE RELATING TO EXTREME WEATH-
3 ER.
4 Section 328(a) of the National Defense Authorization

6 221 note) is amended—
7 (1) in paragraph (1), by striking ‘‘; and’’ and
8 inserting a semicolon;
9 (2) in paragraph (2), by striking the period at
10 the end and inserting ‘‘; and’’; and
11 (3) by inserting after paragraph (2) the fol-
13 ‘‘(3) a calculation of the annual costs to the
14 Department for—
15 ‘‘(A) assistance that is—
16 ‘‘(i) provided to the Federal Emer-
17 gency Management Agency or any Federal
18 land management agency (as such term is
19 defined in section 802 of the Federal
20 Lands Recreation Enhancement Act (16
21 U.S.C. 6801)) pursuant to a request for
22 such assistance and in consultation with
23 the National Interagency Fire Center; or
24 ‘‘(ii) provided under title 10 or title
25 32, United States Code, to any State, ter-
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1 ritory, or possession of the United States,
2 regarding extreme weather; and
3 ‘‘(B) resourcing required to support—
4 ‘‘(i) wildfire response, recovery, or res-
5 toration efforts occurring within military
6 installations or other facilities of the De-
7 partment; or
8 ‘‘(ii) any Federal agency other than
9 the Department (including the Federal
10 Emergency Management Agency and the
11 National Interagency Fire Center) with re-
12 spect to wildfire response, recovery, or res-
13 toration efforts, where such resourcing is
14 not reimbursed.’’.
15 SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS
16 FOR ENERGY RESILIENCE AT CERTAIN MILI-
17 TARY INSTALLATIONS.

19 propriations for such purpose, each Secretary of a military
20 department shall ensure that covered prototype and dem-
21 onstration projects are conducted at each military installa-
22 tion under the jurisdiction of that Secretary that is des-
23 ignated by the Secretary of Defense as an ‘‘Energy Resil-
24 ience Testbed’’ pursuant to subsection (b).
25 (b) SELECTION OF MILITARY INSTALLATIONS.—
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1 (1) NOMINATION.—Each Secretary of a mili-
2 tary department shall nominate military installations
3 under the jurisdiction of that Secretary for selection
4 under paragraph (2), and submit to the Secretary of
5 Defense a list of such nominations.
6 (2) SELECTION.—Not later than one year after
7 the date of the enactment of this Act, the Secretary
8 of Defense shall select, from among the lists of nom-
9 inated military installations provided by the Secre-
10 taries of the military departments under paragraph
11 (1), at least one such nominated military installation
12 per military department for designation pursuant to
13 paragraph (4).
14 (3) CONSIDERATIONS.—In selecting military in-
15 stallations under paragraph (2), the Secretary of
16 Defense shall, to the extent practicable, take into
17 consideration the following:
18 (A) The mission of the installation.
19 (B) The geographic terrain of the installa-
20 tion and of the community surrounding the in-
21 stallation.
22 (C) The energy resources available to sup-
23 port the installation.
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1 (D) An assessment of any extreme weather
2 risks or vulnerabilities at the installation and
3 the community surrounding the installation.
4 (4) DESIGNATION AS ENERGY RESILIENCE
5 TESTBED.—Each military installation selected under

6 paragraph (2) shall be known as an ‘‘Energy Resil-
7 ience Testbed’’.
8 (c) COVERED TECHNOLOGIES.—Covered prototype
9 and demonstration projects conducted at military installa-
10 tions designated pursuant to subsection (b) shall include
11 the prototype and demonstration of technologies in the fol-
12 lowing areas:
13 (1) Energy storage technologies, including long-
14 duration energy storage systems.
15 (2) Technologies to improve building energy ef-
16 ficiency in a cyber-secure manner, such as advanced
17 lighting controls, high-performance cooling systems,
18 and technologies for waste heat recovery.
19 (3) Technologies to improve building energy
20 management and control in a cyber-secure manner.
21 (4) Tools and processes for design, assessment,
22 and decision making on the installation with respect
23 to all hazards resilience and hazard analysis, energy
24 use, management, and the construction of resilient
25 buildings and infrastructure.
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1 (5) Carbon sequestration technologies.
2 (6) Technologies relating to on-site resilient en-
3 ergy generation, including the following:
4 (A) Advanced geothermal technologies.
5 (B) Advanced nuclear technologies, includ-
6 ing small modular reactors.
7 (7) Port electrification and surrounding defense
8 community infrastructure.
9 (8) Tidal and wave power technologies.
10 (9) Distributed ledger technologies.
11 (d) BRIEFING.—Not later than one year after the
12 date of the enactment of this Act, the Secretary of De-
13 fense, in consultation with the Secretaries of the military
14 departments, shall provide to the appropriate congres-
15 sional committees a briefing on the conduct of covered pro-
16 totype and demonstration projects at each military instal-
17 lation designated pursuant to subsection (b). Such briefing
19 (1) An identification of each military installa-
20 tion so designated.
21 (2) A justification as to why each military in-
22 stallation so designated was selected for such des-
23 ignation.
24 (3) A strategy for commencing the conduct of
25 such projects at each military installation so des-
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1 ignated by not later than one year after the date of
2 the enactment of this Act.
3 (e) DEADLINE FOR COMMENCEMENT OF
4 PROJECTS.—Beginning not later than one year after the

5 date of the enactment of this Act, covered prototype and
6 demonstration projects shall be conducted at, and such
7 conduct shall be incorporated into the mission of, each
8 military installation designated pursuant to subsection (b).
9 (f) RESPONSIBILITY FOR ADMINISTRATION AND
10 OVERSIGHT.—Notwithstanding the responsibility of the

11 Secretary of Defense to select each military installation
12 for designation pursuant to subsection (b)(2), the adminis-
13 tration and oversight of the conduct of covered prototype
14 and demonstration projects at a military installation so
15 designated, as required under subsection (a), shall be the
16 responsibility of the Secretary of the military department
17 with jurisdiction over that military installation.
18 (g) CONSORTIUMS.—
19 (1) IN GENERAL.—Each Secretary of a military
20 department may enter into a partnership with, or
21 seek to establish, a consortium of industry, aca-
22 demia, and other entities described in paragraph (2)
23 to conduct covered prototype and demonstration
24 projects at a military installation that is under the
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1 jurisdiction of that Secretary and designated by the
2 Secretary of Defense pursuant to subsection (b).
3 (2) CONSORTIUM ENTITIES.—The entities de-
4 scribed in this paragraph are as follows:
5 (A) National laboratories.
6 (B) Industry entities the primary work of
7 which relates to technologies and business mod-
8 els relating to energy resilience and all hazards
9 resilience.
10 (h) AUTHORITIES.—
11 (1) IN GENERAL.—Covered prototype and dem-
12 onstration projects required under this section may
13 be conducted as part of the program for operational
14 energy prototyping established under section 324(c)
15 of the William M. (Mac) Thornberry National De-
16 fense Authorization Act for Fiscal Year 2021 (Pub-
17 lic Law 116–283; 134 Stat. 3523; 10 U.S.C. 2911
18 note) (including by using funds available under the
19 Operational Energy Prototyping Fund established
20 pursuant to such section), using the other trans-
21 actions authority under section 4021 or 4022 of title
22 10, United States Code, or using any other available
23 authority or funding source the Secretary of Defense
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1 (2) FOLLOW-ON PRODUCTION CONTRACTS OR
2 TRANSACTIONS.—Each Secretary of a military de-

3 partment shall ensure that, to the extent practicable,
4 any transaction entered into under the other trans-
5 actions authority under section 4022 of title 10,
6 United States Code, for the conduct of a covered
7 prototype and demonstration project under this sec-
8 tion shall provide for the award of a follow-on pro-
9 duction contract or transaction pursuant to sub-
10 section (f) of such section 4022.
11 (i) INTERAGENCY COLLABORATION.—In carrying out
12 this section, to the extent practicable, the Secretary of De-
13 fense shall collaborate with the Secretary of Energy and
14 the heads of such other Federal departments and agencies
15 as the Secretary of Defense may determine appropriate,
16 including by entering into relevant memoranda of under-
17 standing.
18 (j) RULE OF CONSTRUCTION.—Nothing in this sec-
19 tion shall be construed as precluding any Secretary of a
20 military department from carrying out any activity, in-
21 cluding conducting a project or making an investment, re-
22 lating to the improvement of energy resilience or all haz-
23 ards resilience under an authority other than this section.
24 (k) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate congressional com-
2 mittees’’ means—
3 (A) the Committee on Armed Services and
4 the Committee on Energy and Commerce of the
5 House of Representatives; and
6 (B) the Committee on Armed Services and
7 the Committee on Energy and Natural Re-
8 sources of the Senate.
9 (2) The term ‘‘community infrastructure’’ has
10 the meaning given that term in section 2391(e) of
12 (3) The term ‘‘covered prototype and dem-
13 onstration project’’ means a project to prototype and
14 demonstrate advanced technologies to enhance en-
15 ergy resilience, including with respect to energy sup-
16 ply disruptions, and all hazards resilience at a mili-
17 tary installation.
18 (4) The term ‘‘military installation’’ has the
19 meaning given that term in section 2867 of title 10,
21 SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELEC-
22 TRIC VEHICLE CHARGING SOLUTIONS TO
23 MITIGATE GRID STRESS.
24 (a) IN GENERAL.—The Secretary of Defense, in co-

25 ordination with the Secretaries of the military depart-
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1 ments, and in consultation with the Secretary of Energy,
2 shall carry out a pilot program to develop and test covered
3 infrastructure to mitigate grid stress caused by electric ve-
4 hicles through the implementation and maintenance on
5 certain military installations of charging stations,
6 microgrids, and other covered infrastructure sufficient to
7 cover the energy demand at such installations.
8 (b) SELECTION OF MILITARY INSTALLATIONS.—
9 (1) SELECTION.—Not later than 180 days after
10 the date of the enactment of this Act, each Secretary
11 of a military department shall—
12 (A) select at least one military installation
13 of each Armed Force under the jurisdiction of
14 that Secretary at which to carry out the pilot
15 program under subsection (a); and
16 (B) submit to the Committees on Armed
17 Services of the House of Representatives and
18 the Senate a notification containing an identi-
19 fication of each such selected installation.
20 (2) CONSIDERATIONS.—In choosing a military
21 installation for selection pursuant to paragraph (1),
22 each Secretary of a military department shall take
23 into account the following:
24 (A) A calculation of existing loads at the
25 installation and the existing capacity of the in-
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1 stallation for the charging of electric vehicles,
2 including (as applicable) light duty trucks.
3 (B) Any required upgrades to covered in-
4 frastructure on the installation, including elec-
5 trical wiring, anticipated by the Secretary.
6 (C) The ownership, financing, operation,
7 and maintenance models of existing and
8 planned covered infrastructure on the installa-
9 tion.
10 (D) An assessment of local grid needs, and
11 any required updates relating to such needs an-
12 ticipated by the Secretary.
13 (c) REPORT.—
14 (1) IN GENERAL.—Not later than one year
15 after the date on which a Secretary of a military de-
16 partment submits a notification identifying a se-
17 lected military installation under subsection (b), that
18 Secretary shall submit to the Committee on Armed
19 Services and the Committee on Energy and Com-
20 merce of the House of Representatives and the Com-
21 mittee on Armed Services of the Senate a report
22 on—
23 (A) the covered infrastructure to be imple-
24 mented under the pilot program at the installa-
25 tion;
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1 (B) the methodology by which each type of
2 covered infrastructure so implemented shall be
3 assessed for efficacy and efficiency at providing
4 sufficient energy to cover the anticipated energy
5 demand of the electric vehicle fleet at the instal-
6 lation and mitigating grid stress; and
7 (C) the maintenance on the military instal-
8 lation of charging stations and other covered in-
9 frastructure, including a microgrid, that will be
10 sufficient to—
11 (i) cover the anticipated electricity de-
12 mand of such fleet; and
13 (ii) improve installation energy resil-
14 ience.
15 (2) ELEMENTS.—Each report under paragraph
16 (1) shall include, with respect to the selected mili-
17 tary installation for which the report is submitted,
18 the following:
19 (A) A determination of the type and num-
20 ber of charging stations to implement on the in-
21 stallation, taking into account the interoper-
22 ability of chargers and the potential future
23 needs or applications for chargers, such as vehi-
24 cle-to-grid or vehicle-to-building applications.
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1 (B) A determination of the optimal owner-
2 ship model to provide charging stations on the
3 installation, taking into account the following:
4 (i) Use of Government-owned (pur-
5 chased, installed, and maintained) charg-
6 ing stations.
7 (ii) Use of third-party financed, in-
8 stalled, operated, and maintained charging
9 stations.
10 (iii) Use of financing models in which
11 energy and charging infrastructure oper-
12 ations and maintenance are treated as a
13 service.
14 (iv) Cyber and physical security con-
15 siderations and best practices associated
16 with different ownership, network, and
17 control models.
18 (C) A determination of the optimal power
19 source to provide charging stations at the in-
20 stallation, taking into account the following:
21 (i) Transformer and substation re-
22 quirements.
23 (ii) Microgrids and distributed energy
24 to support both charging requirements and
25 energy storage.
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1 (3) SOURCE OF SERVICES.—Each Secretary of
2 a military department may use expertise within the
3 military department or enter into a contract with a
4 non-Department of Defense entity to make the de-
5 terminations specified in paragraph (2).
6 (d) FINAL REPORT.—Not later than January 1,
7 2025, the Secretary of Defense shall submit to the con-
8 gressional committees specified in subsection (c)(1) a final
9 report on the pilot program under subsection (a). Such
10 report shall include the observations and findings of the
11 Department relating to the charging stations and other
12 covered infrastructure implemented and maintained under
13 such pilot program, including with respect to the elements
14 specified in subsection (c)(2).
15 (e) DEFINITIONS.—In this section:
16 (1) The terms ‘‘Armed Forces’’ and ‘‘military
17 departments’’ have the meanings given those terms
19 (2) The term ‘‘charging station’’ means a col-
20 lection of one or more electric vehicle supply equip-
21 ment units serving the purpose of charging an elec-
22 tric vehicle battery.
23 (3) The term ‘‘covered infrastructure’’—
24 (A) means infrastructure that the Sec-
25 retary of Defense determines may be used to—
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1 (i) charge electric vehicles, including
2 by transmitting electricity to such vehicles
3 directly; or
4 (ii) support the charging of electric
5 vehicles, including by supporting the resil-
6 ience of grids or other systems for deliv-
7 ering energy to such vehicles (such as
8 through the mitigation of grid stress); and
9 (B) includes—
10 (i) charging stations;
11 (ii) batteries;
12 (iii) battery-swapping systems;
13 (iv) microgrids;
14 (v) off-grid charging systems; and
15 (vi) other apparatuses installed for
16 the specific purpose of delivering energy to
17 an electric vehicle or to a battery intended
18 to be used in an electric vehicle, including
19 wireless charging technologies.
20 (4) The term ‘‘electric vehicle’’ includes—
21 (A) a plug-in hybrid electric vehicle that
22 uses a combination of electric and gas powered
23 engine that can use either gasoline or electricity
24 as a fuel source; and
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1 (B) a plug-in electric vehicle that runs
2 solely on electricity and does not contain an in-
3 ternal combustion engine or gas tank.
4 (5) The term ‘‘electric vehicle supply equipment
5 unit’’ means the port that supplies electricity to one
6 vehicle at a time.
7 (6) The term ‘‘microgrid’’ means a group of
8 interconnected loads and distributed energy re-
9 sources within clearly defined electrical boundaries
10 that acts as a single controllable entity with respect
11 to the grid.
15 (8) The term ‘‘wireless charging’’ means the
16 charging of a battery by inductive charging or by
17 any means in which a battery is charged without a
18 wire, or plug-in wire, connecting the power source
19 and battery.
20 SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIA-
21 TION FUEL.
22 (a) PILOT PROGRAM REQUIRED.—

23 (1) IN GENERAL.—Subject to the availability of
24 appropriations for such purpose, the Secretary of
25 Defense shall conduct a pilot program on the use of
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1 sustainable aviation fuel by the Department of De-
2 fense (in this section referred to as the ‘‘pilot pro-
3 gram’’).
4 (2) DESIGN OF PROGRAM.—The pilot program
5 shall be designed to—
6 (A) identify any logistical challenges with
7 respect to the use of sustainable aviation fuel
8 by the Department;
9 (B) promote understanding of the technical
10 and performance characteristics of sustainable
11 aviation fuel when used in a military setting;
12 and
13 (C) engage nearby commercial airports to
14 explore opportunities and challenges to partner
15 on the increased use of sustainable aviation
16 fuel.
17 (b) SELECTION OF FACILITIES.—
18 (1) SELECTION.—
19 (A) IN GENERAL.—Not later than one year
20 after the date of the enactment of this Act, the
21 Secretary of Defense shall select not fewer than
22 two geographically diverse facilities of the De-
23 partment at which to carry out the pilot pro-
24 gram.
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1 (B) ONSITE REFINERY.—Not fewer than
2 one facility selected under subparagraph (A)
3 shall be a facility with an onsite refinery that
4 is located in proximity to not fewer than one
5 major commercial airport that is also actively
6 seeking to increase the use of sustainable avia-
7 tion fuel.
8 (2) NOTICE TO CONGRESS.—Upon the selection
9 of each facility under paragraph (1), the Secretary
10 shall submit to the appropriate congressional com-
11 mittees notice of the selection, including an identi-
12 fication of the facility selected.
13 (c) USE OF SUSTAINABLE AVIATION FUEL.—
14 (1) PLANS.—For each facility selected under
15 subsection (b), not later than one year after the se-
16 lection of the facility, the Secretary shall—
17 (A) develop a plan on how to implement,
18 by September 30, 2028, a target of exclusively
19 using at the facility aviation fuel that is blended
20 to contain not less than 10 percent sustainable
21 aviation fuel;
22 (B) submit the plan developed under sub-
23 paragraph (A) to the appropriate congressional
24 committees; and
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1 (C) provide to the appropriate congres-
2 sional committees a briefing on such plan that
3 includes, at a minimum—
4 (i) a description of any operational,
5 infrastructure, or logistical requirements,
6 and recommendations, for the blending and
7 use of sustainable aviation fuel; and
8 (ii) a description of any stakeholder
9 engagement in the development of the
10 plan, including any consultations with
11 nearby commercial airport owners or oper-
12 ators.
13 (2) IMPLEMENTATION OF PLANS.—For each fa-
14 cility selected under subsection (b), during the pe-
15 riod beginning on a date that is not later than Sep-
16 tember 30, 2028, and for five years thereafter, the
17 Secretary shall require, in accordance with the re-
18 spective plan developed under paragraph (1), the ex-
19 clusive use at the facility of aviation fuel that is
20 blended to contain not less than 10 percent sustain-
21 able aviation fuel.
22 (d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.—
23 Sustainable aviation fuel used under the pilot program
24 shall meet the following criteria:
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1 (1) Such fuel shall be produced in the United
2 States from domestic feedstock sources.
3 (2) Such fuel shall constitute drop-in fuel that
4 meets all specifications and performance require-
5 ments of the Department of Defense and the Armed
6 Forces.
7 (e) WAIVER.—The Secretary may waive the use of
8 sustainable aviation fuel at a facility under the pilot pro-
9 gram if the Secretary—
10 (1) determines such use is not feasible due to
11 a lack of domestic availability of sustainable aviation
12 fuel or a national security contingency; and
13 (2) submits to the congressional defense com-
14 mittees notice of such waiver and the reasons for
15 such waiver.
16 (f) FINAL REPORT.—
17 (1) IN GENERAL.—At the conclusion of the
18 pilot program, the Assistant Secretary of Defense
19 for Energy, Installations, and Environment shall
20 submit to the appropriate congressional committees
21 a final report on the pilot program.
22 (2) ELEMENTS.—The report under paragraph
23 (1) shall include each of the following:
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1 (A) An assessment of the effect of using
2 sustainable aviation fuel on the overall fuel
3 costs of blended fuel.
4 (B) A description of any operational, infra-
5 structure, or logistical requirements, and rec-
6 ommendations, for the blending and use of sus-
7 tainable aviation fuel, with a focus on scaling
8 up adoption of such fuel throughout the Armed
9 Forces.
10 (C) Recommendations with respect to how
11 military installations can leverage proximity to
12 commercial airports and other jet fuel con-
13 sumers to increase the rate of use of sustain-
14 able aviation fuel, for both military and non-
15 military use, including potential collaboration
16 on innovative financing or purchasing and
17 shared supply chain infrastructure.
18 (D) A description of the effects on per-
19 formance and operation of aircraft using sus-
20 tainable aviation fuel, including—
21 (i) if used, considerations of various
22 blending ratios and the associated benefits
23 thereof;
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1 (ii) efficiency and distance improve-
2 ments of flights using sustainable aviation
3 fuel;
4 (iii) weight savings on large transpor-
5 tation aircraft and other types of aircraft
6 by using blended fuel with higher con-
7 centrations of sustainable aviation fuel;
8 (iv) maintenance benefits of using
9 sustainable aviation fuel, including with re-
10 spect to engine longevity;
11 (v) the effect of the use of sustainable
12 aviation fuel on emissions and air quality;
13 (vi) the effect of the use of sustain-
14 able aviation fuel on the environment and
15 on surrounding communities, including en-
16 vironmental justice factors that are created
17 by the demand for and use of sustainable
18 aviation fuel by the Department of De-
19 fense; and
20 (vii) benefits with respect to job cre-
21 ation in the sustainable aviation fuel pro-
22 duction and supply chain.
25 mittees’’ means the following:
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1 (A) The Committee on Armed Services and
2 the Committee on Transportation and Infra-
3 structure of the House of Representatives.
4 (B) The Committee on Armed Services and
5 the Committee on Commerce, Science, and
6 Transportation of the Senate.
7 (2) The term ‘‘sustainable aviation fuel’’ has
8 the meaning given such term in section 40007(e) of
9 the Act titled ‘An Act to provide for reconciliation
10 pursuant to title II of S. Con. Res. 14’ (Public Law
11 117–169).
12 SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT AD-
13 VANCED BATTERIES THROUGH RECYCLING.
14 (a) POLICY REQUIRED.—Not later than one year

15 after the date of the enactment of this Act, the Assistant
16 Secretary of Defense for Energy, Installations, and Envi-
17 ronment, in coordination with the Director of the Defense
18 Logistics Agency, shall establish a policy to increase the
19 disposition of spent advanced batteries of the Department
20 of Defense through recycling (including by updating the
21 Department of Defense Manual 4160.21, titled ‘‘Defense
22 Material Disposition: Disposal Guidance and Procedures’’,
23 or such successor document, accordingly), for the purpose
24 of supporting the reclamation and return of precious met-
25 als, rare earth metals, and elements of strategic impor-
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1 tance (such as cobalt and lithium) into the supply chain
2 or strategic reserves of the United States.
3 (b) CONSIDERATIONS.—In developing the policy
4 under subsection (a), the Assistant Secretary shall con-
5 sider, at a minimum, the following recycling methods:
6 (1) Pyroprocessing.
7 (2) Hydroprocessing.
8 (3) Direct cathode recycling, relithiation, and
9 upcycling.
10 SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FOR-
11 MERLY USED DEFENSE SITES PROGRAMS.
12 (a) GUIDANCE RELATING TO SITE

13 PRIORITIZATION.—The Assistant Secretary of Defense for
14 Energy, Installations, and Environment shall issue guid-
15 ance setting forth how, in prioritizing sites for activities
16 funded under the ‘‘Environmental Restoration Account,
17 Formerly Used Defense Sites’’ account established under
18 section 2703(a)(5) of title 10, United States Code, the As-
19 sistant Secretary shall weigh the relative risk or other fac-
20 tors between Installation Restoration Program sites and
21 Military Munitions Response Program sites.
22 (b) TARGET GOAL FOR MILITARY MUNITIONS RE-
23 SPONSE PROGRAM.—The Assistant Secretary of Defense
24 for Energy, Installations, and Environment shall establish
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1 a target goal for the completion of the cleanup of all Mili-
2 tary Munitions Response Program sites.
3 SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT IS-
4 LAND EFFECT ON MILITARY INSTALLATIONS.
5 (a) INSTALLATION ANALYSIS.—Each Secretary of a

6 military department shall conduct an analysis of the mili-
7 tary installations under the jurisdiction of that Secretary
8 to assess the extent to which heat islands affect readiness,
9 infrastructure service life, and utilities costs. Each such
10 analysis shall contain each of the following:
11 (1) An analysis of how heat islands exacerbate
12 summer heat conditions and necessitate the in-
13 creased use of air conditioning on the installations,
14 including an estimate of the cost of such increased
15 usage with respect to both utilities costs and short-
16 ened service life of air conditioning units.
17 (2) An assessment of any readiness effects re-
18 lated to heat islands, including the loss of training
19 hours due to black flag conditions, and the cor-
20 responding cost of such effects.
21 (b) PLAN.—Based on the results of the analyses con-
22 ducted under subsection (a), the Secretaries of the mili-
23 tary departments shall jointly—
24 (1) develop a plan for mitigating the effects of
25 heat islands at the most severely affected installa-
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1 tions, including by increasing tree coverage, install-
2 ing cool roofs or green roofs, and painting asphalt;
3 and
4 (2) promulgate best practices enterprise-wide
5 for cost avoidance and reduction of the effects of
6 heat islands.
7 (c) BRIEFING.—Not later than September 30, 2024,
8 the Secretaries of the military departments shall jointly
10 on—
11 (1) the findings of each analysis conducted
12 under subsection (a);
13 (2) the plan developed under subsection (b);
14 and
15 (3) such other matters as the Secretaries deter-
16 mine appropriate.
17 (d) HEAT ISLAND DEFINED.—The term ‘‘heat is-
18 land’’ means an area with a high concentration of struc-
19 tures (such as building, roads, and other infrastructure)
20 that absorb and re-emit the sun’s heat more than natural
21 landscapes such as forests or bodies of water.
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1 SEC. 328. LIMITATION ON REPLACEMENT OF NON-TAC-
2 TICAL VEHICLE FLEET OF DEPARTMENT OF
3 DEFENSE WITH ELECTRIC VEHICLES, AD-
4 VANCED-BIOFUEL-POWERED VEHICLES, OR
5 HYDROGEN-POWERED VEHICLES.
6 (a) IN GENERAL.—Until the date on which the Sec-

7 retary of Defense submits to the Committees on Armed
8 Services of the House of Representatives and the Senate
9 the report described in subsection (b), the Secretary may
10 not enter into an indefinite delivery-indefinite quantity de-
11 livery order contract to procure and replace the existing
12 non-tactical vehicle fleet of the Department of Defense
13 with electric vehicles, advanced-biofuel-powered vehicles,
14 or hydrogen-powered vehicles.
15 (b) ELEMENTS.—The report described in this sub-
16 section shall include the following:
17 (1) A cost estimate for the procurement by the
18 Secretary of Defense, or through contract mecha-
19 nisms used by the Department (such as energy sav-
20 ings performance contracts), of electric non-tactical
21 vehicles to replace the existing non-tactical vehicle
22 fleet of the Department, which shall include—
23 (A) an estimated cost per unit and number
24 of units to be procured of each type of electric
25 non-tactical vehicle (such as trucks, buses, and
26 vans);
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1 (B) the cost associated with building the
2 required infrastructure to support electric non-
3 tactical vehicles, including charging stations
4 and electric grid requirements;
5 (C) a lifecycle cost comparison between
6 electric vehicles and combustion engine vehicles
7 of each type (such as an electric truck versus
8 a conventional truck);
9 (D) maintenance requirements of electric
10 vehicles compared to combustion engine vehi-
11 cles; and
12 (E) for each military department, a cost
13 comparison over periods of three, five, and 10
14 years of pursuing an electric non-tactical vehicle
15 fleet versus continuing with combustion engine
16 non-tactical vehicles.
17 (2) An assessment of the current and projected
18 supply chain shortfalls, including critical minerals,
19 for electric vehicles and combustion engine vehicles.
20 (3) An assessment of the security risks associ-
21 ated with data collection conducted with respect to
22 electric vehicles, combustion engine vehicles, and the
23 related computer systems for each.
24 (4) An assessment of the current range require-
25 ments for electric vehicles compared to combustion
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1 engine vehicles and the average life of vehicles of the
2 Department necessary to maintain current readiness
3 requirements of the Department.
4 (5) An identification of components for electric
5 non-tactical vehicles, advanced-biofuel-powered vehi-
6 cles, hydrogen-powered vehicles, and combustion en-
7 gine vehicles that are currently being sourced from
8 the People’s Republic of China.
9 (6) An assessment of the mid- and long-term
10 costs and benefits to the Department of falling be-
11 hind industry trends related to the adoption of alter-
12 native fuel vehicles including electric vehicles, hydro-
13 gen-powered vehicles, and advanced-biofuel-powered
14 vehicles.
15 (7) An assessment of the long-term availability
16 to the Department of internal combustion engines
17 and spare parts for such engines, including whether
18 or not such engines and spare parts will be manufac-
19 tured in the United States or repairable with parts
20 made in the United States and labor in the United
21 States.
22 (8) An assessment of the relative risks associ-
23 ated with parking and storing electric vehicles, hy-
24 drogen-powered vehicles, advanced-biofuel-powered
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1 vehicles, and combustion engine vehicles inside park-
2 ing structures, including fire risk and water damage.
3 (c) ADDITIONAL PROHIBITION.—None of the funds
4 authorized to be appropriated by this Act or otherwise
5 made available for the Department of Defense may be ob-
6 ligated or expended to procure non-tactical vehicles that
7 are electric vehicles, advanced-biofuel-powered vehicles, or
8 hydrogen-powered vehicles, or any components or spare
9 parts associated with such vehicles, that are not in compli-
10 ance with subpart 22.15 of the Federal Acquisition Regu-
11 lation (or any successor regulations).
13 (1) The term ‘‘advanced-biofuel-powered vehi-
14 cle’’ includes a vehicle that uses a fuel described in
15 section 9001(3)(A) of the Farm Security and Rural
16 Investment Act of 2202 (7 U.S.C. 8101(3)(A)).
17 (2) The term ‘‘charging station’’ means a park-
18 ing space with electric vehicle supply equipment that
19 supplies electric energy for the recharging of electric
20 vehicles with at least a level two charger.
21 (3) The term ‘‘electric grid requirements’’
22 means the power grid and infrastructure require-
23 ments needed to support plug-in electric vehicles and
24 vehicle-to-grid requirements.
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1 (4) The term ‘‘electric non-tactical vehicle’’
2 means a non-tactical vehicle that is an electric vehi-
3 cle.
4 (5) The terms ‘‘electric vehicle’’ includes—
5 (A) a plug-in hybrid electric vehicle that
6 uses a combination of electric and gas powered
7 engine that can use either gasoline or electricity
8 as a fuel source; and
9 (B) a plug-in electric vehicle that runs
10 solely on electricity and does not contain an in-
11 ternal combustion engine or gas tank.
12 (6) The term ‘‘hydrogen-powered vehicle’’
13 means a vehicle that uses hydrogen as the main
14 source of motive power, either through a fuel cell or
15 internal combustion.
16 (7) The term ‘‘non-tactical vehicle’’ means a ve-
17 hicle other than a tactical vehicle.
18 (8) The term ‘‘tactical vehicle’’ means a motor
19 vehicle designed to military specification, or a com-
20 mercial design motor vehicle modified to military
21 specification, to provide direct transportation sup-
22 port of combat or tactical operations, or for the
23 training of personnel for such operations.
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1 Subtitle C—Red Hill Bulk Fuel
2 Storage Facility
3 SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE
4 FACILITY.
5 (a) DEADLINE FOR COMPLETION OF DEFUELING.—

7 shall complete the defueling of the Red Hill Bulk
8 Fuel Storage Facility in a safe and expeditious man-
9 ner by a deadline that is approved by the State of
10 Hawaii Department of Health.
11 (2) REPORT.—Not later than 30 days after the
12 date of the enactment of this Act, and quarterly
13 thereafter until the completion of the defueling of
14 the Red Hill Bulk Fuel Storage Facility, the Sec-
16 defense committees, and make publicly available on
17 an appropriate website of the Department of De-
18 fense, a report on the status of such defueling.
19 (b) PLANNING AND IMPLEMENTATION OF
20 DEFUELING.—The Secretary of Defense shall plan for

21 and implement the defueling of the Red Hill Bulk Fuel
22 Storage Facility in consultation with the Administrator of
23 the Environmental Protection Agency and the State of
24 Hawaii Department of Health.
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1 (c) NOTIFICATION REQUIREMENT.—The Secretary of
2 Defense may not begin the process of defueling the Red
3 Hill Bulk Storage Facility until the date on which the Sec-
4 retary submits to the congressional defense committees a
5 notification that such defueling would not adversely affect
6 the ability of the Department of Defense to provide fuel
7 to support military operations in the area of responsibility
8 of the United States Indo-Pacific Command.
9 SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND
10 STORAGE TANK SYSTEM AT RED HILL BULK
11 FUEL STORAGE FACILITY.
12 (a) AUTHORIZATION.—The Secretary of Defense may

13 close the underground storage tank system at the Red Hill
14 Bulk Fuel Storage Facility of the Department of Defense
15 located in Hawaii (in this section referred to as the ‘‘Facil-
16 ity’’).
17 (b) PLAN FOR FACILITY CLOSURE AND POST-CLO-
18 SURE CARE.—
21 of the Navy shall submit to the Committees on
22 Armed Services of the House of Representatives and
23 the Senate a plan for—
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1 (A) the closure of the Facility, along with
2 a report on the cost projections for such clo-
3 sure;
4 (B) monitoring of the Facility following
5 closure;
6 (C) corrective actions to mitigate fuel re-
7 leases of groundwater at the Facility, including
8 resources necessary for the Secretary of the
9 Navy to conduct such actions at the Facility;
10 (D) coordination and communication with
11 applicable Federal and State regulatory au-
12 thorities, and surrounding communities, on re-
13 lease response and remediation activities con-
14 ducted by the Secretary of the Navy at the Fa-
15 cility;
16 (E) improvements to processes, procedures,
17 organization, training, leadership, education, fa-
18 cilities, and policy of the Department of De-
19 fense related to best practices for the remedi-
20 ation and closure of the Facility; and
21 (F) measures to ensure that future stra-
22 tegic level assets of the Department of Defense
23 are properly maintained and critical environ-
24 mental assets are protected.
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1 (2) PREPARATION OF PLAN.—The Secretary of
2 the Navy shall prepare the plan required under
3 paragraph (1) in consultation with the following:
4 (A) The Environmental Protection Agency.
5 (B) The Hawaii Department of Health.
6 (C) The United States Geological Survey.
7 (D) Any other relevant Federal or State
8 agencies the Secretary considers appropriate.
9 (c) IDENTIFICATION OF POINT OF CONTACT AT DE-
10 PARTMENT OF DEFENSE.—Not later than 60 days after
11 the date of the enactment of this Act, to ensure clear and
12 consistent communication relating to defueling, closure,
13 and release response, the Secretary of Defense shall iden-
14 tify a single point of contact within the Office of the Sec-
15 retary of Defense to oversee and communicate with the
16 public and Members of Congress regarding the status of
17 the Facility.
18 (d) WATER MONITORING BRIEFING.—Not later than
20 Secretary of the Navy shall provide to the Committees on
21 Armed Services of the House of Representatives and the
22 Senate a briefing on the status of the ground water moni-
23 toring program—
24 (1) to monitor movement of the fuel plume in
25 the aquifer surrounding the Facility;
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1 (2) to monitor long-term impacts to such aqui-
2 fer and local water bodies resulting from fuel re-
3 leases from the Facility; and
4 (3) to coordinate with the Agency for Toxic
5 Substances and Disease Registry of the Department
6 of Health and Human Services as the Agency con-
7 ducts a follow up to the previously conducted vol-
8 untary survey of individuals and entities potentially
9 impacted by fuel releases from the Facility.
10 SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLI-
11 CABLE TO UNITED STATES INDO-PACIFIC
12 COMMAND.
13 (a) LIMITATION.—Of the funds authorized to be ap-

14 propriated by this Act or otherwise made available for fis-
15 cal year 2023 for the Office of the Secretary of Defense
16 for administration and service-wide activities, not more
17 than 90 percent may be obligated or expended until the
18 Secretary of Defense submits to the congressional defense
19 committees a report that includes the following elements:
20 (1) The bulk fuel requirements of the United
21 States Indo-Pacific Command associated with the
22 operational plans of the command that involve the
23 most stress on bulk fuel, disaggregated by theater
24 component commander, as such term is defined in
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1 section 1513 of title 10, United States Code, imple-
2 menting the requirement.
3 (2) The hardening requirements of the United
4 States Indo-Pacific Command associated with the
5 distribution of bulk fuel to support the proposed
6 force laydown in the area of responsibility of such
7 command.
8 (3) A bulk fuels connector strategy to reposition
9 fuels within the area of responsibility of such com-
10 mand, which shall include a specific assessment of
11 the following:
12 (A) The overall bulk fuel requirements for
13 the force structure of the surface fleet tankers
14 of the Navy and any specific requirements asso-
15 ciated with the proposed force laydown specified
16 in paragraph (2).
17 (B) The intra-theater connector strategy of
18 the Department of Defense to logistically sup-
19 port theater-specific bulk fuel requirements.
20 (C) The bulk fuel requirements for light
21 amphibious warfare ships.
22 (4) An identification of the funding mechanisms
23 used, or proposed to be used, to meet each of the
24 requirements specified in paragraphs (1) through
25 (3), including programmed and unfunded require-
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1 ments, and a description of any additional staffing
2 or resources necessary to meet such requirements.
3 (5) A risk assessment of the potential risk asso-
4 ciated with the denial of access to bulk fuel storage
5 facilities located in foreign countries, including a
6 specific assessment of clauses in contracts entered
7 into by the Director of the Defense Logistics Agency
8 that provide for surety of access to such storage fa-
9 cilities, taking into account the insurance sought
10 with respect to such surety and the anticipated pen-
11 alties for failing to provide such surety.
12 (b) INCLUSION IN SEPARATE REPORTS.—An element
13 listed in paragraphs (1) through (5) of subsection (a) shall
14 be deemed to be included in the report under subsection
15 (a) if included in a separate report submitted to the con-
16 gressional defense committees on or before the date of the
17 submission of the report under such subsection.
18 (c) FORM.—The report under subsection (a) shall be
19 submitted in an unclassified and publicly releasable form,
20 but may contain a classified annex.
21 SEC. 334. PLACEMENT OF SENTINEL OR MONITORING
22 WELLS IN PROXIMITY TO RED HILL BULK
23 FUEL STORAGE FACILITY.
24 (a) IN GENERAL.—Not later than April 1, 2023, the

25 Secretary of the Navy, in coordination with the Director
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1 of the United States Geological Survey and the Adminis-
2 trator of the Environmental Protection Agency, shall sub-
3 mit to the congressional defense committees a report on
4 the placement of sentinel or monitoring wells in proximity
5 to the Red Hill Bulk Fuel Storage Facility for the purpose
6 of monitoring and tracking the movement of fuel that has
7 escaped the Facility. Such report shall include—
8 (1) the number and location of new wells that
9 have been established during the 12-month period
10 preceding the date of the submission of the report;
11 (2) an identification of any new wells proposed
12 to be established;
13 (3) an analysis of the need for any other wells;
14 (4) the proposed number and location of any
15 such additional wells; and
16 (5) the priority level of each proposed well
17 based on—
18 (A) the optimal locations for new wells;
19 and
20 (B) the capability of a proposed well to as-
21 sist in monitoring and tracking the movement
22 of fuel toward the Halawa shaft, the Halawa
23 Well, and the Aiea Well.
24 (b) QUARTERLY BRIEFINGS.—Not later than 30 days
25 after the submission of the report under subsection (a),
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1 and every 90 days thereafter for 12 months, the Secretary
2 of the Navy shall provide to the congressional defense
3 committees a briefing on the progress of the Department
4 of the Navy toward installing the wells described in para-
5 graphs (2) and (3) of subsection (a).
6 SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE
7 ARMED FORCES ON OAHU.
8 (a) STUDY ON FUTURE WATER NEEDS OF OAHU.—

9 (1) IN GENERAL.—Not later than July 31,
10 2023, the Secretary of Defense shall conduct a study
11 on how the Department of Defense may best address
12 the future water needs of the Armed Forces on the
13 island of Oahu. Such study shall include consider-
14 ation of—
15 (A) the construction of a new water treat-
16 ment plant or plants;
17 (B) the construction of a new well for use
18 by members of the Armed Forces and the civil-
19 ian population;
20 (C) the construction of a new well for the
21 exclusive use of members of the Armed Forces;
22 (D) transferring ownership and operation
23 of existing Department of Defense utilities to a
24 municipality or existing publicly owned utility;
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1 (E) conveying certain Navy utilities to the
2 Honolulu Board of Water Supply; and
3 (F) any other water solutions the Sec-
4 retary of Defense determines appropriate.
5 (2) CONSULTATION.—In carrying out the study
6 under paragraph (1), the Secretary of Defense shall
7 consult with the Administrator of the Environmental
8 Protection Agency, the State of Hawaii, the Hono-
9 lulu Board of Water Supply, and any other entity
10 the Secretary of Defense determines appropriate.
11 (3) REPORT; BRIEFING.—Upon completion of
12 the study under paragraph (1), the Secretary of De-
13 fense shall—
14 (A) submit to the appropriate congres-
15 sional committees a report on the findings of
16 the study; and
17 (B) provide to the appropriate congres-
18 sional committees a briefing on such findings.
19 (b) HYDROLOGICAL STUDIES.—
20 (1) GROUNDWATER FLOW MODEL STUDY.—Not
21 later than July 31, 2023, the Secretary of the Navy,

22 in consultation with the Administrator of the Envi-
23 ronmental Protection Agency, the Director of the
24 United States Geological Survey, and the State of
25 Hawaii, shall commence the conduct of a new study,
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1 or continue an existing study, to further refine the
2 modeling of groundwater flow in the area sur-
3 rounding the Red Hill Bulk Fuel Storage Facility.
4 Such study shall be designed to—
5 (A) seek to improve the understanding of
6 the direction and rate of groundwater flow and
7 dissolved fuel migration within the aquifers in
8 the area surrounding the facility;
9 (B) reflect site-specific data, including
10 available data of the heterogeneous subsurface
11 geologic system of such area; and
12 (C) address previously identified defi-
13 ciencies in existing groundwater flow models.
14 (2) DEADLINES FOR COMPLETION.—
15 (A) GROUNDWATER FLOW MODEL
16 STUDY.—The study under paragraph (1) shall

17 be completed by not later than one year after
18 the date of the enactment of this Act.
19 (B) SUBSEQUENT STUDY.—Not later than
20 one year after the date on which the study
21 under paragraph (1) is completed, the Secretary
22 of the Navy shall complete a subsequent study
23 to model contaminant fate and transport in the
24 area surrounding the Red Hill Bulk Fuel Stor-
25 age Facility.
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1 (3) REPORTS; BRIEFINGS.—Upon completion of
2 a study under this subsection, the Secretary of the
3 Navy shall—
4 (A) submit to the congressional defense
5 committees a report on the findings of the
6 study; and
7 (B) provide to the congressional defense
8 committees a briefing on such findings.
9 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
10 FINED.—In this section, the term ‘‘appropriate congres-
11 sional committees’’ means the following:
13 (2) The Committee on Energy and Commerce
14 of the House of Representatives.
15 (3) The Committee on Environment and Public
16 Works of the Senate.
17 SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL
18 BULK FUEL STORAGE FACILITY.
19 (a) STUDY REQUIRED.—

22 of Defense shall seek to enter into an agreement
23 with a federally funded research and development
24 center that meets the criteria specified in paragraph
25 (2) under which such center will conduct a study to
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1 determine the range of feasible alternative Depart-
2 ment of Defense uses for the Red Hill Bulk Fuel
3 Storage Facility and provide to the Secretary a re-
4 port on the findings of the study. The conduct of
5 such study shall include—
6 (A) engagement with stakeholders;
7 (B) a review of historical alternative uses
8 of facilities with similar characteristics; and
9 (C) such other modalities as determined
10 necessary to appropriately identify alternative
11 use options, including data and information col-
12 lected from various stakeholders and through
13 site visits to physically inspect the facility.
14 (2) CRITERIA FOR FFRDC.—The federally fund-
15 ed research and development center with which the
16 Secretary seeks to enter into an agreement under
17 paragraph (1) shall meet the following criteria:
18 (A) A primary focus on studies and anal-
19 ysis.
20 (B) A record of conducting research and
21 analysis using a multidisciplinary approach.
22 (C) Demonstrated specific competencies
23 in—
24 (i) life cycle cost-benefit analysis;
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1 (ii) military facilities and how such fa-
2 cilities support missions; and
3 (iii) the measurement of environ-
4 mental impacts.
5 (D) A strong reputation for publishing
6 publicly releasable analysis to inform public de-
7 bate.
8 (b) COST-BENEFIT ANALYSIS.—An agreement en-
9 tered into pursuant to subsection (a) shall specify that the
10 study conducted under the agreement will include a cost-
11 benefit analysis of the feasible Department of Defense al-
12 ternative uses considered under the study. Such cost-ben-
13 efit analysis shall cover each of the following for each such
14 alternative use:
15 (1) The design and construction costs.
16 (2) Life-cycle costs, including the operation and
17 maintenance costs of operating the facility, such as
18 annual operating costs, predicted maintenance costs,
19 and any disposal costs at the end of the useful life
20 of the facility.
21 (3) Any potential military benefits.
22 (4) Any potential benefits for the local econ-
23 omy, including any potential employment opportuni-
24 ties for members of the community.
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1 (5) A determination of environmental impact
2 analysis requirements.
3 (6) The effects of the use on future mitigation
4 efforts.
5 (7) Any additional factors determined to be rel-
6 evant by the federally funded research and develop-
7 ment center in consultation with the Secretary.
8 (c) DEADLINE FOR COMPLETION.—An agreement en-
9 tered into pursuant to subsection (a) shall specify that the
10 study conducted under the agreement shall be completed
11 by not later than February 1, 2024.
12 (d) BRIEFING.—Upon completion of a study con-
13 ducted under an agreement entered into pursuant to sub-
14 section (a), the Secretary shall provide to the Committees
15 on Armed Services of the Senate and House of Represent-
16 atives a briefing on the findings of the study.
17 (e) PUBLIC AVAILABILITY.—
18 (1) FFRDC.—An agreement entered into pur-
19 suant to subsection (a) shall specify that the feder-
20 ally funded research and development center shall
21 make an unclassified version of the report provided
22 to the Secretary publicly available on an appropriate
23 website of the center.
24 (2) DEPARTMENT OF DEFENSE.—Upon receipt
25 of such report, the Secretary shall make an unclassi-
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1 fied version of the report publicly available on an ap-
2 propriate website of the Department of Defense.
3 SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EF-
4 FORTS TO TRACK HEALTH IMPLICATIONS OF
5 FUEL LEAKS AT RED HILL BULK FUEL STOR-
6 AGE FACILITY.
7 (a) BRIEFING.—Not later than 90 days after the date

8 of the enactment of this Act, the Secretary of Defense,
9 in consultation with the Secretary of Health and Human
10 Services, shall provide to the congressional defense com-
11 mittees a briefing on the efforts of the Secretary of De-
12 fense to appropriately track the health implications of fuel
13 leaks at the Red Hill Bulk Fuel Storage Facility for mem-
14 bers of the Armed Forces and dependents thereof, includ-
15 ing members of each Armed Force and dependents there-
16 of. The briefing shall include each of the following:
17 (1) A plan to coordinate with the Director of
18 the Centers for Disease Control and Prevention to
19 align such efforts with the public health assessment
20 and monitoring efforts of the Director.
21 (2) A description of any potential benefits of co-
22 ordinating and sharing data with the State of Ha-
23 waii Department of Health.
24 (3) An analysis of the extent to which data
25 from the State of Hawaii Department of Health and
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1 data from other non-Department of Defense sources
2 can and should be used in any long-term health
3 study relating to fuel leaks at the Red Hill Bulk
4 Fuel Storage Facility.
5 (4) A description of the potential health impli-
6 cations of contaminants, including fuel, detected in
7 the drinking water distribution system at the Red
8 Hill Bulk Fuel Storage Facility during testing after
9 the fuel leaks at such facility that occurred in May
10 and November 2021, respectively.
11 (5) A description of any contaminants, includ-
12 ing fuel, detected in the water supply at the Red Hill
13 Bulk Fuel Storage Facility during the 12-month pe-
14 riod preceding the fuel leak at such facility that oc-
15 curred in November 2021.
16 (6) A description of any potential benefits of
17 broadening the tracing window to include indications
18 of contaminants, including fuel, in the drinking
19 water supply at the Red Hill Bulk Fuel Storage Fa-
20 cility prior to May 2021.
21 (b) ARMED FORCES DEFINED.—In this section, the
22 term ‘‘Armed Forces’’ has the meaning given that term
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1 Subtitle D—Treatment of
2 Perfluoroalkyl Substances and
3 Polyfluoroalkyl Substances
4 SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING
5 TO PERFLUOROALKYL OR
6 POLYFLUOROALKYL SUBSTANCES.
7 (a) PUBLICATION OF INFORMATION.—

8 (1) IN GENERAL.—Beginning not later than
9 180 days after the date of the enactment of this Act,
10 Secretary of Defense shall publish on the publicly
11 available website established under section 331(b) of
12 the National Defense Authorization Act for Fiscal
13 Year 2020 (Public Law 116–92; 10 U.S.C. 2701
14 note) timely and regularly updated information on
15 the research efforts of the Department of Defense
16 relating to perfluoroalkyl substances or
17 polyfluoroalkyl substances, which shall include the
18 following:
19 (A) A description of any research collabo-
20 ration or data sharing by the Department with
21 the Department of Veterans Affairs, the Agency
22 for Toxic Substances and Disease Registry, or
23 any other agency (as defined in section 551 of
24 title 5, United States Code), State, academic in-
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1 stitution, nongovernmental organization, or
2 other entity.
3 (B) Regularly updated information on re-
4 search projects supported or conducted by the
5 Department of Defense pertaining to the devel-
6 opment, testing, and evaluation of a fluorine-
7 free firefighting foam or any other alternative
8 to aqueous film forming foam that contains
9 perfluoroalkyl substances or polyfluoroalkyl sub-
10 stances, excluding any proprietary information
11 that is business confidential.
12 (C) Regularly updated information on re-
14 Department pertaining to the health effects of
16 stances, including information relating to the
17 impact of such substances on firefighters, vet-
18 erans, and military families, and excluding any
19 personally identifiable information.
20 (D) Regularly updated information on re-
22 Department pertaining to treatment options for
23 drinking water, surface water, ground water,
24 and the safe disposal of perfluoroalkyl sub-
25 stances or polyfluoroalkyl substances.
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1 (E) Budget information, including specific
2 spending information for the research projects
3 relating to perfluoroalkyl substances or
4 polyfluoroalkyl substances that are supported or
5 conducted by the Department.
6 (F) Such other matters as may be relevant
7 to ongoing research projects supported or con-
8 ducted by the Department to address the use of
10 stances and the health effects of the use of such
11 substances.
12 (2) FORMAT.—The information published under
13 paragraph (1) shall be made available in a
14 downloadable, machine-readable, open, and user-
15 friendly format.
17 (A) The term ‘‘military installation’’ in-
18 cludes active, inactive, and former military in-
19 stallations.
20 (B) The term ‘‘perfluoroalkyl substance’’
21 means a man-made chemical of which all of the
22 carbon atoms are fully fluorinated carbon
23 atoms.
24 (C) The term ‘‘polyfluoroalkyl substance’’
25 means a man-made chemical containing a mix
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1 of fully fluorinated carbon atoms, partially
2 fluorinated carbon atoms, and nonfluorinated
3 carbon atoms.
4 (b) INCLUSION OF RESEARCH DUTIES IN
5 PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL

6 SUBSTANCES TASK FORCE.—Section 2714(e) of title 10,
7 United States Code, is amended by adding at the end the
8 following new paragraphs:
9 ‘‘(5) Supporting research efforts relating to
11 stances.
12 ‘‘(6) Establishing practices to ensure the timely
13 and complete dissemination of research findings and
14 related data relating to perfluoroalkyl substances or
15 polyfluoroalkyl substances to the general public.’’.
16 SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUND-
17 ING OF STUDY AND ASSESSMENT ON HEALTH
18 IMPLICATIONS OF PER- AND
19 POLYFLUOROALKYL SUBSTANCES CONTAMI-
20 NATION IN DRINKING WATER BY AGENCY
21 FOR TOXIC SUBSTANCES AND DISEASE REG-
22 ISTRY.
23 Section 316(a)(2)(B) of the National Defense Au-

25 91; 131 Stat. 1350), as amended by section 315(a) of the
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1 John S. McCain National Defense Authorization Act for
2 Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1713),
3 section 321 of the National Defense Authorization Act for
4 Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307),
5 section 337 of the William M. (Mac) Thornberry National
7 Law 116–283; 134 Stat. 3533), and section 342 of the
9 (Public Law 117–81; 135 Stat. 1643), is further amend-
10 ed—
11 (1) in clause (ii), by striking ‘‘2023’’ and in-
12 serting ‘‘2022’’; and
14 clause:
15 ‘‘(iii) Without regard to section 2215 of
16 title 10, United States Code, the Secretary of
17 Defense may transfer not more than
18 $20,000,000 during fiscal year 2023 to the Sec-
19 retary of Health and Human Services to pay
20 for the study and assessment required by this
21 section.’’.
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1 SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CON-
2 TAINING TURNOUT GEAR.

5 3528; 10 U.S.C. 2661 note prec.) is amended—
7 (A) by striking ‘‘of a non-PFAS-con-
8 taining’’ and inserting ‘‘of the following:’’
9 ‘‘(1) A non-PFAS-containing’’; and
10 (B) by adding at the end the following new
11 paragraph:
12 ‘‘(2) Covered personal protective firefighting
13 equipment that does not contain an intentionally
14 added perfluoroalkyl substance or polyfluoroalkyl
15 substance.’’; and
16 (2) by amending subsection (f) to read as fol-
17 lows:
18 ‘‘(f) DEFINITIONS.—In this section:
19 ‘‘(1) The term ‘perfluoroalkyl substance’ means
20 a man-made chemical of which all of the carbon
21 atoms are fully fluorinated carbon atoms.
22 ‘‘(2) The term ‘polyfluoroalkyl substance’
23 means a man-made chemical containing at least one
24 fully fluorinated carbon atom and at least one non-
25 fully fluorinated carbon atom.
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1 ‘‘(3) The term ‘covered personal protective fire-
2 fighting equipment’’ means the following:
3 ‘‘(A) Turnout gear jacket or coat.
4 ‘‘(B) Turnout gear pants.
5 ‘‘(C) Turnout coveralls.
6 ‘‘(D) Any other personal protective fire-
7 fighting equipment, as determined by the Sec-
8 retary of Defense, in consultation with the Ad-
9 ministrator of the United States Fire Adminis-
10 tration.’’.
11 SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE
12 OF RESULTS OF TESTING FOR
13 PERFLUOROALKYL OR POLYFLUOROALKYL
14 SUBSTANCES ON PRIVATE PROPERTY.
15 Section 345(a)(2) of the National Defense Authoriza-

17 U.S.C. 2715 note) is amended by inserting ‘‘personally
18 identifiable information in connection with’’ after ‘‘pub-
19 licly disclose’’.
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1 SEC. 345. RESTRICTION ON PROCUREMENT OR PUR-
2 CHASING BY DEPARTMENT OF DEFENSE OF
3 TURNOUT GEAR FOR FIREFIGHTERS CON-
4 TAINING PERFLUOROALKYL SUBSTANCES OR
5 POLYFLUOROALKYL SUBSTANCES.
6 (a) PROHIBITION ON PROCUREMENT AND PUR-

7 CHASING.—Subject to subsection (d), beginning on Octo-
8 ber 1, 2026, the Secretary of Defense may not enter into
9 a contract to procure or purchase covered personal protec-
10 tive firefighting equipment for use by Federal or civilian
11 firefighters if such equipment contains an intentionally
12 added perfluoroalkyl substance or polyfluoroalkyl sub-
13 stance.
14 (b) IMPLEMENTATION.—
15 (1) INCLUSION IN CONTRACTS.—The Secretary
16 of Defense shall include the prohibition under sub-
17 section (a) in any contract entered into by the De-
18 partment of Defense to procure covered personal
19 protective firefighting equipment for use by Federal
20 or civilian firefighters.
21 (2) NO OBLIGATION TO TEST.—In carrying out
22 the prohibition under subsection (a), the Secretary
23 shall not have an obligation to test covered personal
24 protective firefighting equipment to confirm the ab-
25 sence of perfluoroalkyl substances or polyfluoroalkyl
26 substances.
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1 (c) EXISTING INVENTORY.—Nothing in this section
2 shall impact existing inventories of covered personal pro-
3 tective firefighting equipment.
4 (d) AVAILABILITY OF ALTERNATIVES.—
5 (1) IN GENERAL.—The requirement under sub-
6 section (a) shall be subject to the availability of suf-
7 ficiently protective covered personal protective fire-
8 fighting equipment that does not contain inten-
9 tionally added perfluoroalkyl substances or
10 polyfluoroalkyl substances.
11 (2) EXTENSION OF EFFECTIVE DATE.—If the
12 Secretary of Defense determines that no sufficiently
13 protective covered personal protective firefighting
14 equipment that does not contain intentionally added
16 stances is available, the deadline under subsection
17 (a) shall be extended until the Secretary determines
18 that such covered personal protective firefighting
19 equipment is available.
21 (1) The term ‘‘covered personal protective fire-
22 fighting equipment’’ means—
23 (A) any product that provides protection to
24 the upper and lower torso, arms, legs, head,
25 hands, and feet; or
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1 (B) any other personal protective fire-
2 fighting equipment, as determined by the Sec-
3 retary of Defense.
4 (2) The term ‘‘perfluoroalkyl substance’’ means
5 a man-made chemical of which all of the carbon
6 atoms are fully fluorinated carbon atoms.
7 (3) The term ‘‘polyfluoroalkyl substance’’
8 means a man-made chemical containing at least one
9 fully fluorinated carbon atom and at least one non-
10 fully fluorinated carbon atom.
11 SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT
12 CERTAIN MILITARY INSTALLATIONS FROM
13 SOURCES OTHER THAN AQUEOUS FILM-
14 FORMING FOAM.
15 Not later than one year after the date of the enact-
16 ment of this Act, and annually thereafter for the following
17 four years, the Under Secretary of Defense for Acquisition
18 and Sustainment shall submit to the congressional defense
19 committees a report on any known or suspected contami-
20 nation on or around military installations located in the
21 United States resulting from the release of any
22 perfluoroalkyl substance or polyfluoroalkyl substance orig-
23 inating from a source other than aqueous film-forming
24 foam.
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1 SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON
2 DEPARTMENT OF DEFENSE PROCUREMENT
3 OF CERTAIN ITEMS CONTAINING PFOS OR
4 PFOA.
5 (a) IDENTIFICATION OF CRITICAL USES.—Not later

6 than June 1, 2023, the Secretary of Defense, in consulta-
7 tion with the Defense Critical Supply Chain Task Force
8 and the Chemical and Material Risk Management Pro-
9 gram of the Department of Defense, shall submit to the
10 Committees on Armed Services of the House of Represent-
11 atives and the Senate a report outlining the uses of
12 perfluoroalkyl substances and polyfluoroalkyl substances
13 that are critical to the national security of the United
14 States, with a focus on such critical uses in—
15 (1) the sectors outlined in the February 2022
16 report of the Department of Defense titled ‘‘Secur-
17 ing Defense-Critical Supply Chains’’; and
18 (2) sectors of strategic importance for domestic
19 production and investment to build supply chain re-
20 silience, including kinetic capabilities, energy storage
21 and batteries, and microelectronics and semiconduc-
22 tors.
23 (b) ANNUAL BRIEFINGS.—Not later than 270 days
24 after the date of the enactment of this Act, and annually
25 thereafter, the Secretary of Defense shall provide to the
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1 atives and the Senate a briefing that includes a description
2 of each of the following:
3 (1) Steps taken to identify covered items pro-
4 cured by the Department of Defense that contain
5 perfluorooctane sulfonate (PFOS) or
6 perfluorooctanoic acid (PFOA).
7 (2) Steps taken to identify products and ven-
8 dors of covered items that do not contain PFOS or
9 PFOA.
10 (3) Steps taken to limit the procurement by the
11 Department of covered items that contain PFOS or
12 PFOA.
13 (4) Steps the Secretary intends to take to limit
14 the procurement of covered items that contain
15 PFOS or PFOA.
16 (c) COVERED ITEM DEFINED.—In this section, the
17 term ‘‘covered item’’ means—
18 (1) nonstick cookware or cooking utensils for
19 use in galleys or dining facilities; and
20 (2) upholstered furniture, carpets, and rugs
21 that have been treated with stain-resistant coatings.
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1 Subtitle E—Logistics and
2 Sustainment
3 SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATE-
4 RIEL READINESS METRICS AND OBJECTIVES
5 FOR MAJOR DEFENSE ACQUISITION PRO-
6 GRAMS.
7 (a) IN GENERAL.—Section 118 of title 10, United

8 States Code, is amended:
9 (1) in subsection (d)(2), by striking ‘‘objec-
10 tives’’ and inserting ‘‘objectives, such as infrastruc-
11 ture, workforce, or supply chain considerations’’;
12 (2) redesignating subsection (e) as subsection
13 (f); and
14 (3) inserting after subsection (d) the following
15 new subsection (e):
16 ‘‘(e) FUNDING ESTIMATES.—Not later than five days
17 after the date on which the Secretary of Defense submits
18 to Congress the materials in support of the budget of the
19 President for a fiscal year, the Director of Cost Assess-
20 ment and Performance Evaluation shall submit to the con-
21 gressional defense committees a comprehensive estimate
22 of the funds necessary to meet the materiel readiness ob-
23 jectives required by subsection (c) through the period cov-
24 ered by the most recent future-years defense program. At
25 a minimum, the Director shall provide, for each major
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1 weapon system, by designated mission design series, vari-
2 ant, or class, a comprehensive estimate of the funds nec-
3 essary to meet such objectives that—
4 ‘‘(1) have been obligated by subactivity group
5 within the operation and maintenance accounts for
6 the second fiscal year preceding the budget year;
7 ‘‘(2) the Director estimates will have been obli-
8 gated by subactivity group within the operation and
9 maintenance accounts by the end of the fiscal year
10 preceding the budget year; and
11 ‘‘(3) have been budgeted and programmed
12 across the future years defense program within the
13 operation and maintenance accounts by subactivity
14 group.’’.
15 (b) PHASED IMPLEMENTATION.—The Director of
16 Cost Assessment and Performance Evaluation may meet
17 the requirements of subsection (e) of section 118 of title
18 10, United States Code, as added by subsection (a),
19 through a phased submission of the funding estimates re-
20 quired under such subsection. In conducting a phased im-
21 plementation, the Director shall ensure that—
22 (1) for the budget request for fiscal year 2024,
23 funding estimates are provided for a representative
24 sample by military department of at least one-third
25 of the major weapon systems;
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1 (2) for the budget request for fiscal year 2025,
2 funding estimates are provided for an additional
3 one-third of the major weapon systems; and
4 (3) full implementation for all major weapons
5 systems is completed not later than five days after
6 the date on which the Secretary of Defense submits
7 to Congress the materials in support of the budget
8 of the President for fiscal year 2026.
9 SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MOD-
10 ERNIZATION OF NAVAL VESSELS.
11 (a) ANNUAL PLAN.—Section 231 of title 10, United

12 States Code, is amended—
13 (1) in the heading, by inserting ‘‘, mainte-
14 nance, and modernization’’ after ‘‘con-
15 struction’’;
16 (2) by redesignating subsections (d) through (f)
17 as subsections (e) through (g), respectively;
18 (3) by inserting after subsection (c) the fol-
20 ‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MOD-
21 ERNIZATION OF NAVAL VESSELS.—In addition to the plan
22 included under subsection (a)(1), the Secretary of Defense
23 shall include with the defense budget materials for a fiscal
24 year each of the following:
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1 ‘‘(1) A plan for the maintenance and mod-
2 ernization of naval vessels that includes the fol-
3 lowing:
4 ‘‘(A) A forecast of the maintenance and
5 modernization requirements for both the naval
6 vessels in the inventory of the Navy and the
7 vessels required to be delivered under the naval
8 vessel construction plan under subsection
9 (a)(1).
10 ‘‘(B) A description of the initiatives of the
11 Secretary of the Navy to ensure that activities
12 key to facilitating the maintenance and mod-
13 ernization of naval vessels (including with re-
14 spect to increasing workforce and industrial
15 base capability and capacity, shipyard level-
16 loading, and facility improvements) receive suf-
17 ficient resourcing, and are including in appro-
18 priate planning, to facilitate the requirements
19 specified in subparagraph (A).
20 ‘‘(2) A certification by the Secretary that both
21 the budget for that fiscal year and the future-years
22 defense program submitted to Congress in relation
23 to such budget under section 221 of this title pro-
24 vide for funding for the maintenance and moderniza-
25 tion of naval vessels at a level that is sufficient for
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1 such maintenance and modernization in accordance
2 with the plan under paragraph (1).’’; and
3 (4) in subsection (f), as redesignated by para-
4 graph (2), by inserting ‘‘ and the plan and certifi-
5 cation under subsection (d)’’ after ‘‘subsection (a)’’.
7 at the beginning of chapter 9 of title 10, United States
8 Code, is amended by striking the item relating to section
9 231 and inserting the following new item:
‘‘231. Budgeting for construction, maintenance, and modernization of naval ves-
sels: annual plan and certification.’’.
10 SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT
11 MEDICAL ESTIMATES IN READINESS RE-
12 PORTS.
13 Section 482(b) of title 10, United States Code, is

14 amended—
16 graph (12); and
19 ‘‘(11) A summary of the joint medical estimate
20 under section 732(b)(1) of the John S. McCain Na-
22 2019 (Public Law 115–232; 132 Stat. 1817) pre-
23 pared by the Joint Staff Surgeon, with a mitigation
24 plan to correct any readiness problem or deficiency
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1 and the timeline, cost, and any legislative action re-
2 quired to correct any such problem or deficiency.’’.
3 SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR
4 LIMITATION FOR RELIEF EFFORTS FOL-
5 LOWING MAJOR DISASTERS OR EMER-
6 GENCIES.
7 Section 2208(l)(3) of title 10, United States Code,

8 is amended—
9 (1) by striking ‘‘The total’’ and inserting ‘‘(A)
10 Except as provided in subparagraph (B), the total’’;
11 and
13 paragraph:
14 ‘‘(B) The dollar limitation under subparagraph (A)
15 shall not apply with respect to advance billing for relief
16 efforts following a declaration of a major disaster or emer-
17 gency under the Robert T. Stafford Disaster Relief and
18 Emergency Assistance Act (42 U.S.C. 5121 et seq.).’’.
19 SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON
20 TIME LIMITATIONS ON DURATION OF PUB-
21 LIC-PRIVATE COMPETITIONS.
22 Section 322(c) of the National Defense Authorization

24 2252) is repealed.
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1 SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL
2 RECOMMENDATIONS REGARDING SHIPYARD
3 INFRASTRUCTURE OPTIMIZATION PLAN OF
4 THE NAVY.
5 (a) IN GENERAL.—Not later than March 1, 2023, the

6 Secretary of the Navy shall—
7 (1) develop metrics for assessing progress of the
8 Secretary toward improved shipyard capacity and
9 performance in carrying out the Shipyard Infra-
10 structure Optimization Plan of the Navy, including
11 by measuring the effectiveness of capital invest-
12 ments;
13 (2) ensure that the shipyard optimization pro-
14 gram office of the Navy—
15 (A) includes all costs, such as inflation,
16 program office activities, utilities, roads, envi-
17 ronmental remediation, historic preservation,
18 and alternative workspace when developing a
19 detailed cost estimate; and
20 (B) uses cost estimating best practices in
21 developing a detailed cost estimate, including—
22 (i) a program baseline;
23 (ii) a work breakdown structure;
24 (iii) a description of the methodology
25 and key assumptions;
26 (iv) a consideration of inflation;
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1 (v) a full assessment of risk and un-
2 certainty; and
3 (vi) a sensitivity analysis; and
4 (3) obtain independent cost estimates for
5 projects under the shipyard optimization program
6 that are estimated to exceed $250,000,000, to vali-
7 date the cost estimates of the Navy developed for
8 such projects pursuant to paragraph (2) and inform
9 the prioritization of projects under such program.
10 (b) BRIEFING.—If the Secretary of the Navy is un-
11 able to implement the requirements under subsection (a)
12 by March 1, 2023, the Secretary shall brief the Commit-
13 tees on Armed Services of the Senate and the House of
14 Representatives before such date on—
15 (1) the current progress of the Secretary to-
16 ward implementing those requirements;
17 (2) any hindrance to implementing those re-
18 quirements; and
19 (3) any additional resources necessary to imple-
20 ment those requirements.
21 SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR
22 MILITARY INFORMATION SUPPORT OPER-
23 ATIONS.
24 Of the funds authorized to be appropriated by this

25 Act or otherwise made available for Operation and Mainte-
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1 nance, Defense-Wide, for military information support op-
2 erations, not more than 75 percent may be obligated or
3 expended until the Secretary of Defense submits to the
4 congressional defense committees a plan for—
5 (1) appropriately scoping and tailoring mes-
6 saging activities to foreign target audiences;
7 (2) ensuring messages serve a valid military
8 purpose;
9 (3) effectively managing risk associated with
10 web-based military information support operations;
11 (4) maintaining alignment with policies and
12 procedures of the Department of Defense;
13 (5) adequately overseeing and approving the
14 work of contractors;
15 (6) ensuring alignment with policy guidance
16 and procedures of the Department; and
17 (7) coordinating activities with the Global En-
18 gagement Center of the Department of State and
19 other relevant non-Department of Defense entities.
20 SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY RE-
21 GARDING RETENTION RATES FOR NAVY SHIP
22 REPAIR CONTRACTS.
23 (a) NOTIFICATION.—The Secretary of the Navy may

24 not modify the general policy of the Department of the
25 Navy regarding retention rates for contracts for Navy ship
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1 repair until a period of 15 days has elapsed following the
2 date on which the Assistant Secretary of the Navy for Re-
3 search, Development, and Acquisition submits to the con-
4 gressional defense committees a notification that includes,
5 with respect to such modification, the following informa-
6 tion:
7 (1) An identification of any considerations that
8 informed the decision to so modify.
9 (2) A description of the desired effect of the
10 modification on the Navy ship repair industrial base.
11 (b) TERMINATION.—This section, and the require-
12 ments thereof, shall terminate on September 30, 2025.
13 SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRI-
14 VATE SHIPYARDS IN UNITED STATES AND EF-
15 FECT OF THOSE SHIPYARDS ON NAVAL
16 FLEET READINESS.

19 Navy shall seek to enter into an agreement with a non-
20 profit entity or a federally funded research and develop-
21 ment center to conduct research and analysis regarding
22 the capacity and capability of private shipyards in the
23 United States to repair, maintain, and modernize surface
24 combatants and support ships of the Navy to ensure fleet
25 readiness.
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1 (b) ELEMENTS.—The research and analysis con-
2 ducted under subsection (a) shall include the following:
3 (1) An assessment of the maintenance needs of
4 the Navy during the five-year period preceding the
5 date of the enactment of this Act, including the fre-
6 quency of unplanned maintenance and the average
7 time it takes to repair ships.
8 (2) An assessment of the projected maintenance
9 needs of the Navy during the 10-year period fol-
10 lowing such date of enactment.
11 (3) An assessment of whether current private
12 shipyards in the United States have the capacity to
13 meet current and anticipated needs of the Navy to
14 maintain and repair ships, including whether there
15 are adequate ship repair facilities and a sufficiently
16 trained workforce.
17 (4) An identification of barriers limiting the
18 success of intermediate-level and depot-level mainte-
19 nance availabilities, including constraints of adding
20 private depot capacity and capability.
21 (5) Recommendations based on the findings of
22 paragraphs (1) through (4) regarding actions the
23 Secretary of the Navy can take to ensure there is an
24 industrial base of private ship repair facilities to
25 meet the needs of the Navy and ensure fleet readi-
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1 ness, including whether the Secretary should insti-
2 tute a new force generation model, establish addi-
3 tional homeport facilities, or establish new hub-type
4 maintenance facilities.
5 (c) INPUT FROM PRIVATE SHIPYARDS.—In con-
6 ducting research and analysis under subsection (a), the
7 nonprofit entity or federally funded research and develop-
8 ment center with which the Secretary of the Navy enters
9 into an agreement under subsection (a) shall consult with
10 private shipyards regarding—
11 (1) the fleet maintenance needs of surface com-
12 batant and support ships of the Navy;
13 (2) private shipyard capacity, including work-
14 force; and
15 (3) additional investment in private shipyards
16 necessary to meet the needs of the Navy.
17 (d) REPORT.—
19 after the date of the enactment of this Act, the non-
20 profit entity or federally funded research and devel-
21 opment center with which the Secretary of the Navy
22 enters into an agreement under subsection (a) shall
23 submit to the Secretary a report on the results of
24 the research and analysis undertaken under such
25 subsection.
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1 (2) SUBMISSION TO CONGRESS.—Not later than
2 30 days after the Secretary receives the report under
3 paragraph (1), the Secretary shall submit to the
4 congressional defense committees a copy of the re-
5 port.
6 SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DIS-
7 TRIBUTION LOGISTICS ACROSS UNITED
8 STATES INDO-PACIFIC COMMAND.
9 (a) STUDY.—Not later than 30 days after the date

10 of the enactment of this Act, the Secretary of Defense
11 shall seek to enter into a contract with a federally funded
12 research and development center that meets the criteria
13 under subsection (b) to conduct a study on fuel distribu-
14 tion logistics in the area of responsibility of the United
15 States Indo-Pacific Command.
16 (b) CRITERIA FOR FFRDC.—The criteria under this
17 subsection are the following:
18 (1) A primary focus on the conduct of studies
19 and analysis.
20 (2) A demonstrated record of conducting re-
21 search and analysis using a multidisciplinary ap-
22 proach.
23 (3) A strong reputation for publishing publicly
24 releasable analysis to inform public debate.
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1 (c) IDA STRATEGIC FUEL ASSESSMENT.—In con-
2 ducting the study pursuant to a contract under subsection
3 (a), the federally funded research and development center
4 shall use the results of the July 1, 2020, report of the
5 Institute for Defense Analyses titled ‘‘INDOPACOM
6 Strategic Fuel Assessment’’ as a baseline to inform its
7 analysis of fuel distribution logistics in the area of respon-
8 sibility of the United States Indo-Pacific Command.
9 (d) ELEMENTS.—A contract under subsection (a)
10 shall provide that a study conducted under the contract
11 shall include, with respect to the area of responsibility of
12 the United States Indo-Pacific Command, the following:
13 (1) An evaluation of the vulnerabilities associ-
14 ated with the production, refinement, and distribu-
15 tion of fuel by the Armed Forces during periods of
16 conflict and in contested logistics environments with-
17 in the area, including with respect to the capability
18 of the Armed Forces to sustain operational flights
19 by aircraft and joint force distributed operations.
20 (2) An assessment of potential adversary capa-
21 bilities to disrupt such fuel distribution in the area
22 through a variety of means, including financial
23 means, cyber means, and conventional kinetic at-
24 tacks.
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1 (3) An assessment of any gaps in the capability
2 or capacity of inter- or intra-theater fuel distribu-
3 tion, including any gaps relating to storage, transfer
4 platforms, manning for platforms, command and
5 control, or fuel handling.
6 (4) An evaluation of the positioning of defense
7 fuel support points in the area, including with re-
8 spect to operational suitability and vulnerability to a
9 variety of kinetic threats.
10 (5) An assessment of the readiness of allies and
11 partners of the United States to support the supply,
12 storage, and distribution of fuel by the Armed
13 Forces in the area, including a review of any rel-
14 evant security cooperation agreements entered into
15 between the United States and such allies and part-
16 ners.
17 (6) An assessment of potential actions to miti-
18 gate any vulnerabilities identified pursuant to the
19 study.
20 (e) REPORT.—
21 (1) SUBMISSION TO SECRETARY OF DE-
22 FENSE.—
23 (A) IN GENERAL.—A contract under sub-

24 section (a) shall provide that a study conducted
25 under the contract shall require that the feder-
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1 ally funded research and development center
2 submit to the Secretary a report containing the
3 findings of such study.
4 (B) FORM.—The report under subpara-
5 graph (A) shall be submitted in an unclassified
6 and publicly releasable form, but may include a
7 classified annex.
9 30 days after the date on which the Secretary re-
10 ceives the report under paragraph (1)(A), the Sec-
11 retary shall submit to the appropriate congressional
12 committees a copy of such report, submitted without
13 change.
17 (A) the congressional defense committees;
18 (B) the Committee on Transportation and
19 Infrastructure of the House of Representatives;
20 and
21 (C) the Committee on Commerce, Science,
22 and Transportation of the Senate.
23 (2) The term ‘‘contested logistics environment’’
24 has the meaning given such term in section 2926 of
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1 SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR
2 ESTABLISHMENT OF FUEL DISTRIBUTION
3 POINTS IN UNITED STATES INDO-PACIFIC
4 COMMAND AREA OF RESPONSIBILITY.
5 (a) QUARTERLY BRIEFINGS.—On a quarterly basis

6 until the date that is two years after the date of the enact-
7 ment of this Act, the Commander of United States Indo-
8 Pacific Command shall provide to the congressional de-
9 fense committees briefings on the use of the funds de-
10 scribed in subsection (c).
11 (b) CONTENTS OF BRIEFINGS.—Each briefing under
12 subsection (a) shall include an expenditure plan for the
13 establishment of fuel distribution points in the area of re-
14 sponsibility of United States Indo-Pacific Command relat-
15 ing to the defueling and closure of the Red Hill Bulk Fuel
16 Storage Facility.
17 (c) FUNDS DESCRIBED.—The funds described in this
18 subsection are the amounts authorized to be appropriated
19 or otherwise made available for fiscal year 2023 for Mili-
20 tary Construction, Defense-wide for Planning and Design
21 for United States Indo-Pacific Command.
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1 Subtitle F—Matters Relating to De-
2 pots and Ammunition Produc-
3 tion Facilities
4 SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRO-
5 DUCTION FACILITY MAINTENANCE AND RE-
6 PAIR: ANNUAL REPORT.

8 by adding at the end the following new section (and con-
9 forming the table of sections at the beginning of such
10 chapter accordingly):
11 ‘‘§ 239d. Budgeting for depot and ammunition pro-
12 duction facility maintenance and repair:
13 annual report
14 ‘‘(a) ANNUAL REPORT.—The Secretary of Defense,

15 in coordination with the Secretaries of the military depart-
16 ments, shall include with the defense budget materials for
17 each fiscal year a report regarding the maintenance and
18 repair of covered facilities.
19 ‘‘(b) ELEMENTS.—Each report required under sub-
20 section (a) shall include, at a minimum, the following
21 (disaggregated by military department):
22 ‘‘(1) With respect to each of the three fiscal
23 years preceding the fiscal year covered by the de-
24 fense budget materials with which the report is in-
25 cluded, revenue data for that fiscal year for the
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1 maintenance, repair, and overhaul workload funded
2 at all the depots of the military department.
3 ‘‘(2) With respect to the fiscal year covered by
4 the defense budget materials with which the report
5 is included and each of the two fiscal years prior, an
6 identification of the following:
7 ‘‘(A) The amount of appropriations budg-
8 eted for that fiscal year for depots, further
9 disaggregated by the type of appropriation.
10 ‘‘(B) The amount budgeted for that fiscal
11 year for working-capital fund investments by
12 the Secretary of the military department for the
13 capital budgets of the covered depots of the
14 military department, shown in total and further
15 disaggregated by whether the investment relates
16 to the efficiency of depot facilities, work envi-
17 ronment, equipment, equipment (non-capital in-
18 vestment program), or processes.
19 ‘‘(C) The total amount required to be in-
20 vested by the Secretary of the military depart-
21 ment for that fiscal year for the capital budgets
22 of covered depots pursuant to section 2476(a)
23 of this title.
24 ‘‘(D) A comparison of the budgeted
25 amount identified under subparagraph (B) with
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1 the total required amount identified under sub-
2 paragraph (C).
3 ‘‘(E) For each covered depot of the mili-
4 tary department, of the total required amount
5 identified under subparagraph (C), the percent-
6 age of such amount allocated, or projected to be
7 allocated, to the covered depot for that fiscal
8 year.
9 ‘‘(3) For each covered facility of the military
10 department, the following:
11 ‘‘(A) Information on the average facility
12 condition, average critical facility condition, res-
13 toration and maintenance project backlog, and
14 average equipment age, including a description
15 of any changes in such metrics from previous
16 years.
17 ‘‘(B) Information on the status of the im-
18 plementation at the covered facility of the plans
19 and strategies of the Department of Defense re-
20 lating to covered facility improvement, includ-
21 ing, as applicable, the implementation of the
22 strategy required under section 359 of the Na-
23 tional Defense Authorization Act for Fiscal
24 Year 2020 (Public Law 116–92; 133 Stat.
25 1323; 10 U.S.C. 2460 note).
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1 ‘‘(c) DEFINITIONS.—In this section:
2 ‘‘(1) The term ‘ammunition production facility’
3 means an ammunition organic industrial base pro-
4 duction facility.
5 ‘‘(2) The terms ‘budget’ and ‘defense budget
6 materials’ have the meaning given those terms in
7 section 234 of this title.
8 ‘‘(3) The term ‘covered depot’ has the meaning
9 given that term in section 2476 of this title.
10 ‘‘(4) The term ‘covered facility’ means a cov-
11 ered depot or an ammunition production facility.’’.
12 SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT
13 WORKING CAPITAL FUNDS FOR UNSPECIFIED
14 MINOR MILITARY CONSTRUCTION.
15 Section 2208(u)(4) of title 10, United States Code,

16 is amended by striking ‘‘2023’’ and inserting ‘‘2025’’.
17 SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO
18 DEPOT AND AMMUNITION PRODUCTION FA-
19 CILITY INFRASTRUCTURE.
20 Chapter 146 of title 10, United States Code, is

21 amended by inserting after section 2742 the following new
22 section (and conforming the table of sections at the begin-
23 ning of such chapter accordingly):
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1 ‘‘§ 2473. Annual five-year plans on improvement of
2 depot infrastructure
3 ‘‘(a) SUBMISSION.—As part of the annual budget

4 submission of the President under section 1105(a) of title
5 31, each Secretary of a military department shall submit
6 to the congressional defense committees a plan describing
7 the objectives of that Secretary to improve depot infra-
8 structure during the five fiscal years following the fiscal
9 year for which such budget is submitted.
10 ‘‘(b) ELEMENTS.—Each plan submitted by a Sec-
11 retary of a military department under subsection (a) shall
12 include the following:
13 ‘‘(1) With respect to the five-year period cov-
14 ered by the plan, an identification of the major lines
15 of effort, milestones, and specific goals of the Sec-
16 retary over such period relating to the improvement
17 of depot infrastructure and a description of how
18 such goals support the goals outlined in section
19 359(b)(1)(B) of the National Defense Authorization
21 Stat. 1324; 10 U.S.C. 2476 note).
22 ‘‘(2) The estimated costs of necessary depot in-
23 frastructure improvements and a description of how
24 such costs would be addressed by the Department of
25 Defense budget request submitted during the same
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1 year as the plan and the applicable future-years de-
2 fense program.
3 ‘‘(3) Information regarding the plan of the Sec-
4 retary to initiate such environmental and engineer-
5 ing studies as may be necessary to carry out planned
6 depot infrastructure improvements.
7 ‘‘(4) Detailed information regarding how depot
8 infrastructure improvement projects will be paced
9 and sequenced to ensure continuous operations.
10 ‘‘(c) INCORPORATION OF RESULTS-ORIENTED MAN-
11 AGEMENT PRACTICES.—Each plan under subsection (a)
12 shall incorporate the leading results-oriented management
13 practices identified in the report of the Comptroller Gen-
14 eral of the United States titled ‘Actions Needed to Im-
15 prove Poor Conditions of Facilities and Equipment that
16 Affect Maintenance Timeliness and Efficiency’ (GAO–19–
17 242), or any successor report, including—
18 ‘‘(1) analytically based goals;
19 ‘‘(2) results-oriented metrics;
20 ‘‘(3) the identification of required resources,
21 risks, and stakeholders; and
22 ‘‘(4) regular reporting on progress to decision
23 makers.’’.
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1 SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVEST-
2 MENT FOR CERTAIN DEPOTS.
3 (a) MODIFICATION.—Section 2476 of title 10, United

6 (A) by striking ‘‘Each fiscal year’’ and in-
7 serting ‘‘(1) Each fiscal year’’;
8 (B) by striking ‘‘six’’ and inserting
9 ‘‘eight’’; and
10 (C) by inserting after paragraph (1), as
11 designated by subparagraph (A), the following
12 new paragraph:
13 ‘‘(2) Of the amount required to be invested in the
14 capital budgets of the covered depots of a military depart-
15 ment under paragraph (1) for each fiscal year—
16 ‘‘(A) 75 percent shall be used for the mod-
17 ernization or improvement of the efficiency of depot
18 facilities, equipment, work environment, or processes
19 in direct support of depot operations; and
20 ‘‘(B) 25 percent shall be used for the
21 sustainment, restoration, and modernization (as
22 such terms are defined in the Department of De-
23 fense Financial Management Regulation 7000.14–R,
24 or successor regulation) of existing facilities or infra-
25 structure.’’;
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1 (2) in subsection (b), by striking ‘‘, but does
2 not include funds spent for sustainment of existing
3 facilities, infrastructure, or equipment’’;
4 (3) by redesignating subsections (c) through (e)
5 as subsections (d) through (f);
6 (4) by inserting after subsection (b) the fol-
8 ‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS
9 RELATING TO PERSONNEL AND TOTAL FORCE MANAGE-
10 MENT.—In identifying amounts to invest pursuant to the
11 requirement under subsection (a)(1), the Secretary of a
12 military department shall comply with all applicable re-
13 quirements of sections 129 and 129a of this title.’’; and
14 (5) in subsection (e)(2), as redesignated by
15 paragraph (3), by adding at the end the following
16 new subparagraph:
17 ‘‘(F) A table enumerating, for the period cov-
18 ered by the report, the amounts invested to meet the
19 requirement under subsection (a)(1), disaggregated
20 by funding source and whether the amount is allo-
21 cated pursuant to subparagraph (A) or subpara-
22 graph (B) of subsection (a)(2).’’.
23 (b) TECHNICAL AND CONFORMING AMENDMENTS.—
24 (1) IN GENERAL.—Such section is further
25 amended in subsections (d) and (e), as redesignated
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1 by subsection (a)(3), by striking ‘‘subsection (a)’’
2 and inserting ‘‘subsection (a)(1)’’ each place it ap-
3 pears.
4 (2) ADDITIONAL TECHNICAL AND CONFORMING
5 AMENDMENTS.—Section 2861(b) of title 10, United

7 (A) by striking ‘‘subsection (e) of section
8 2476’’ and inserting ‘‘subsection (f) of section
9 2476’’; and
10 (B) by striking ‘‘subsection (a) of such sec-
11 tion’’ and inserting ‘‘subsection (a)(1) of such
12 section’’.
13 (c) APPLICABILITY.—The amendments made by this
14 section shall apply with respect to fiscal years beginning
15 on or after October 1, 2023.
16 SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL
17 REPORT ON CORE DEPOT-LEVEL MAINTE-
18 NANCE AND REPAIR.
19 (a) IN GENERAL.—Section 1080(a) of the National

21 Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does
22 not apply to the report required to be submitted to Con-
23 gress under section 2464(d) of title 10, United States
24 Code.
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1 (b) CONFORMING REPEAL.—Section 1061(c) of the
3 (Public Law 114–328; 130 Stat. 2401; 10 U.S.C. 111
4 note) is amended by striking paragraph (45).
5 SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL
6 REPORT ON FUNDS EXPENDED FOR PER-
7 FORMANCE OF DEPOT-LEVEL MAINTENANCE
8 AND REPAIR WORKLOADS.

13 gress under section 2466(d) of title 10, United States
14 Code.
17 (Public Law 114–328; 130 Stat. 2401; 10 U.S.C. 111
19 SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN
20 WORKLOAD CARRYOVER OF DEPARTMENT
21 OF THE ARMY.
22 For purposes of calculating the amount of workload

23 carryover with respect to the depots and arsenals of the
24 Department of the Army, the Secretary of Defense shall
25 authorize the Secretary of the Army to use a calculation
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1 for such carryover that applies a material end of period
2 exclusion.
3 Subtitle G—Other Matters
4 SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF
5 DEFENSE ON ACTIVITIES OF JOINT SAFETY
6 COUNCIL.
7 Section 184(k) of title 10, United States Code is

8 amended—
9 (1) by striking ‘‘REPORT.—The Chair’’ and in-
10 serting ‘‘REPORTS.—(1) The Chair’’; and
12 paragraph:
13 ‘‘(2) Not later than March 31, 2023, and not later
14 than December 31 of each year thereafter, the Deputy
16 fense committees a report containing—
17 ‘‘(A) a summary of the goals and priorities of
18 the Deputy Secretary for the year following the date
19 of the submission of the report with respect to the
20 activities of the Council; and
21 ‘‘(B) an assessment by the Deputy Secretary of
22 the activities of the Council carried out during the
23 year preceding the date of such submission.’’.
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1 SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DE-
2 FENSE CONTRACTORS USING MILITARY
3 WORKING DOGS.

6 lowing new section (and conforming the table of sections
7 at the beginning of such chapter accordingly):
8 ‘‘§ 995. Accountability for contractors using military
9 working dogs
10 ‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CON-

11 TRACTORS.—Each covered contract shall specify that the
12 contractor is required to submit to the Under Secretary
13 of Defense (Comptroller), on an annual basis for the dura-
14 tion of the covered contract, a report containing an identi-
15 fication of—
16 ‘‘(1) the number of military working dogs that
17 are in the possession of the covered contractor and
18 located outside of the continental United States in
19 support of a military operation, if any; and
20 ‘‘(2) the primary location of any such military
21 working dogs.
22 ‘‘(b) COVERED CONTRACT DEFINED.—In this section
23 the term ‘covered contract’ means a contract that the Sec-
24 retary of Defense determines involves military working
25 dogs.’’.
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1 (b) APPLICABILITY.—Section 995 of title 10, United
2 States Code, as added by subsection (a), shall apply with
3 respect to a contract entered into on or after the date of
5 (c) BRIEFING REQUIREMENT.—Not later than March
6 1, 2023, and annually thereafter for each of the subse-
7 quent three years, the Secretary of Defense shall provide
8 to the congressional defense committees a briefing on the
9 implementation of section 995 of title 10, United States
10 Code, as added by subsection (a).
11 (d) DEADLINE FOR GUIDANCE.—Not later than 180
12 days after the date of the enactment of this Act, the Under
13 Secretary of Defense (Comptroller) shall issue the guid-
14 ance on the annual reporting requirement under section
15 995 of title 10, United States Code, as added by sub-
16 section (a).
17 (e) REGULATIONS TO PROHIBIT ABANDONMENT.—
18 Not later than two years after the date of the enactment
19 of this Act, the Secretary of Defense shall issue regula-
20 tions to prohibit the abandonment of military working
21 dogs used in support of a military operation outside of
22 the continental United States.
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1 SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFE-
2 TY COUNCIL.
3 Section 184(b)(1) of title 10, United States Code, is

4 amended—
5 (1) by redesignating subparagraph (D) as sub-
6 paragraph (E); and
7 (2) by inserting after subparagraph (C) the fol-
8 lowing new subparagraph:
9 ‘‘(D) During periods in which the Coast Guard
10 is not operating as a service in the Department of
11 the Navy, an officer of the Coast Guard, appointed
12 by the Secretary of Homeland Security.’’.
13 SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIOR-
14 ITIES NATIONAL GUARD RESPONSIBILITIES
15 IN CONNECTION WITH NATURAL AND MAN-
16 MADE DISASTERS.
17 (a) IN GENERAL.—In the report required under sec-

18 tion 222a of title 10, United States Code, for fiscal year
19 2024, the officer specified under subsection (b)(7) of such
20 section shall include as part of the National Guard un-
21 funded priorities described in subsection (c)(3) of such
22 section unfunded priorities that relate to non-Federal Na-
23 tional Guard responsibilities in connection with natural
24 and man-made disasters.
25 (b) TECHNICAL AMENDMENT.—Section 222a(c)(3)
26 of title 10, United States Code, is amended by striking
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1 ‘‘subsection (b)(6)’’ both places it appears and inserting
2 ‘‘subsection (b)(7)’’.
3 SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD
4 PERSONNEL ON WILDFIRE PREVENTION AND
5 RESPONSE.

8 1367; 32 U.S.C. 501 note) is amended to read as follows:
9 ‘‘SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON
10 WILDFIRE PREVENTION AND RESPONSE.
11 ‘‘The Secretary of the Army and the Secretary of the

12 Air Force, in consultation with the Chief of the National
13 Guard Bureau, may provide support for the training of
14 appropriate personnel of the National Guard on wildfire
15 prevention and response. In carrying out this section, the
16 Secretaries—
17 ‘‘(1) shall give a preference to personnel as-
18 signed to military installations with the highest wild-
19 fire suppression needs, as determined by the Secre-
20 taries; and
21 ‘‘(2) may consult with the Executive Board of
22 the National Interagency Fire Center.’’.
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1 SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION
2 OF PILOT PROGRAM ON MILITARY WORKING
3 DOGS AND EXPLOSIVES DETECTION.
4 (a) EXTENSION OF PILOT PROGRAM.—Section

5 381(b) of the National Defense Authorization Act for Fis-
6 cal Year 2022 (Public Law 117–81; 135 Stat. 1672; 10
7 U.S.C. 3062 note) is amended by striking ‘‘2024’’ and in-
8 serting ‘‘2025’’.
9 (b) REVIEW OF RESEARCH EFFORTS OF DEPART-
10 MENT OF DEFENSE AND DEPARTMENT OF HOMELAND
11 SECURITY.—
12 (1) REVIEW.—The Secretary of Defense, in co-
13 ordination with the Secretary of Homeland Security,
14 shall conduct a review of the recent and ongoing re-
15 search, testing, and evaluation efforts of the Depart-
16 ment of Defense and the Department of Homeland
17 Security, respectively, regarding explosives detection
18 working dogs.
19 (2) MATTERS.—The review under paragraph
20 (1) shall include an analysis of the following:
21 (A) Any recent or ongoing research efforts
22 of the Department of Defense or the Depart-
23 ment of Homeland Security, respectively, relat-
24 ing to explosives detection working dogs, and
25 any similarities between such efforts.
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1 (B) Any recent or ongoing veterinary re-
2 search efforts of the Department of Defense or
3 the Department of Homeland Security, respec-
4 tively, relating to working dogs, canines, or
5 other areas that may be relevant to the im-
6 provement of the breeding, health, performance,
7 or training of explosives detection working dogs.
8 (C) Any research areas relating to explo-
9 sives detection working dogs in which there is
10 a need for ongoing research but no such ongo-
11 ing research is being carried out by either the
12 Secretary of Defense or the Secretary of Home-
13 land Security, particularly with respect to the
14 health, domestic breeding, and training of ex-
15 plosives detection working dogs.
16 (D) How the recent and ongoing research
17 efforts of the Department of Defense and the
18 Department of Homeland Security, respectively,
19 may improve the domestic breeding of working
20 dogs, including explosives detection working
21 dogs, and the health outcomes and performance
22 of such domestically bred working dogs, includ-
23 ing through coordination with academic or in-
24 dustry partners with experience in research re-
25 lating to working dogs.
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1 (E) Potential opportunities for the Sec-
2 retary of Defense to collaborate with the Sec-
3 retary of Homeland Security on research relat-
4 ing to explosives detection working dogs.
5 (F) Any research partners of the Depart-
6 ment of Defense or the Department of Home-
7 land Security, or both, that may be beneficial in
8 assisting with the research efforts and areas de-
9 scribed in this subsection.
10 (c) PLAN REQUIRED.—Not later than 180 days of
11 the date of the enactment of this Act, the Secretary of
12 Defense, in coordination with the Secretary of Homeland
13 Security, shall submit to the appropriate congressional
14 committees a plan for the Secretary of Defense to collabo-
15 rate, as appropriate, with the Secretary of Homeland Se-
16 curity on research relating to explosives detection working
17 dogs and other relevant matters. Such plan shall include
18 the following:
19 (1) An analysis of potential opportunities for
20 collaboration between the Secretary of Defense and
21 the Secretary of Homeland Security on the research
22 efforts and areas described in subsection (a)(2).
23 (2) An identification of specific programs or
24 areas of research for such collaboration.
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1 (3) An identification of any additional agree-
2 ments or authorities necessary for the Secretaries to
3 carry out such collaboration.
4 (4) An identification of additional funding nec-
5 essary to carry out such collaboration.
6 (5) An analysis of potential coordination on the
7 research efforts and areas described in subsection
8 (a)(2) with academic and industry partners with ex-
9 perience in research relating to working dogs, in-
10 cluding an identification of potential opportunities
11 for such coordination in carrying out the collabora-
12 tion described in paragraph (1).
13 (6) A proposed timeline for the Secretary of
14 Defense to engage in such collaboration, including
15 specific proposed deadlines.
16 (7) A description of how programs carried out
17 pursuant to this section seek to address the health
18 and welfare issues identified by the Comptroller
19 General of the United States in the report titled
20 ‘‘Working Dogs: Federal Agencies Need to Better
21 Address Health and Welfare’’ published on October
22 19, 2022 (GAO-23-104489).
23 (8) Any other matters the Secretary of Defense
24 considers appropriate.
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3 (A) The congressional defense committees.
4 (B) The Committee on Homeland Security
6 (C) The Committee on Homeland Security
7 and Governmental Affairs of the Senate.
8 (2) The term ‘‘explosives detection working
9 dog’’ means a canine that, in connection with the
10 work duties of the canine performed for a Federal
11 department or agency, is certified and trained to de-
12 tect odors indicating the presence of explosives in a
13 given object or area, in addition to the performance
14 of such other duties for the Federal department or
15 agency as may be assigned.
16 SEC. 387. AMENDMENT TO THE SIKES ACT.
17 (a) USE OF NATURAL FEATURES.—Section

18 101(a)(3)(A) of the Sikes Act (16 U.S.C. 670a(a)(3)(A))
19 is amended—
20 (1) by redesignating clauses (ii) and (iii) as
21 clauses (iii) and (iv), respectively; and
22 (2) by inserting after clause (i) the following:
23 ‘‘(ii) the use of natural and nature-based
24 features to maintain or improve military instal-
25 lation resilience;’’.
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1 (b) EXPANDING AND MAKING PERMANENT THE PRO-
2 GRAM FOR INVASIVE SPECIES MANAGEMENT FOR MILI-
3 TARY INSTALLATIONS.—Section 101(g) of the Sikes Act
4 (16 U.S.C. 670a(g)) is amended—
5 (1) by striking the header and inserting ‘‘PRO-
6 GRAM FOR INVASIVE SPECIES MANAGEMENT FOR
7 MILITARY INSTALLATIONS’’; and

9 (A) by striking ‘‘During fiscal years 2009
10 through 2014, the’’ and inserting ‘‘The’’; and
11 (B) by striking ‘‘in Guam’’.
12 SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PRO-
13 TECTION AT MILITARY INSTALLATIONS.
14 (a) STANDARDS REQUIRED.—Beginning not later

15 than one year after the date of the enactment of this Act,
16 the Secretary of Defense shall ensure that—
17 (1) members of the Armed Forces and employ-
18 ees of Defense Agencies who provide fire protection
19 services to military installations comply with the na-
20 tional consensus standards developed by the Na-
21 tional Fire Protection Association;
22 (2) the minimum staffing requirement for any
23 firefighting vehicle responding to a structural build-
24 ing emergency at a military installation is not less
25 than four firefighters per vehicle; and
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1 (3) the minimum staffing requirement for any
2 firefighting vehicle responding to an aircraft or air-
3 field incident at a military installation is not less
4 than three firefighters per vehicle.
5 (b) REPORTS REQUIRED.—Not later than 180 days
6 after the date of the enactment of this Act, each Secretary
7 of a military department shall submit to the Committees
8 on Armed Services of the House of Representatives and
9 the Senate a report that—
10 (1) details each instance in which the standards
11 of that military department deviate from the na-
12 tional consensus standards specified in subsection
13 (a)(1), and at what military installation;
14 (2) includes, for each military installation under
15 the jurisdiction of that Secretary, a detailed descrip-
16 tion of response times for emergency services and
17 firefighting vehicle staffing levels; and
18 (3) includes an assessment of the feasibility of
19 requiring compliance with the national consensus
20 standards specified in subsection (a)(1) in accord-
21 ance with such subsection at each military installa-
22 tion under the jurisdiction of that Secretary (without
23 exception), the cost of requiring such compliance,
24 and the estimated timeline for that Secretary to im-
25 plement such requirement.
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2 (1) The terms ‘‘Armed Forces’’ and ‘‘Defense
3 Agency’’ have the meanings given such terms in sec-
4 tion 101 of title 10, United States Code.
5 (2) The term ‘‘firefighter’’ has the meaning
6 given that term in section 707(b) of the National
8 (Pub. L. 116–92; 10 U.S.C. 1074m note).
12 SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFE-
13 TY DATA COLLECTION.
14 (a) IN GENERAL.—Not later than October 1, 2023,

15 the Secretary of the Army and the Secretary of the Navy
16 shall each initiate a pilot program to evaluate the utility
17 of using data recorders to monitor, assess, and improve
18 readiness and the safe operation of military tactical vehi-
19 cles in the Army and the Marine Corps, respectively.
20 (b) DURATION.—Each pilot program initiated under
21 subsection (a) shall be carried out for a period of not less
22 than two years.
23 (c) REQUIREMENTS.—In carrying out a pilot pro-
24 gram under this section, the Secretary of the Army and
25 the Secretary of the Navy each shall—
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1 (1) select not fewer than one military installa-
2 tion in the United States under the jurisdiction of
3 the Secretary that contains the necessary forces,
4 equipment, and maneuver training ranges to collect
5 data on drivers and military tactical vehicles during
6 training and routine operation at which to carry out
7 the pilot program;
8 (2) install data recorders on a sufficient num-
9 ber of each type of military tactical vehicle specified
10 in subsection (d) to gain statistically significant re-
11 sults;
12 (3) select a data recorder capable of collecting
13 and exporting telemetry data, event data, and driver
14 identification data during operation and accidents;
15 (4) establish and maintain a data repository for
16 operation and event data captured by the data re-
17 corder; and
18 (5) establish processes to leverage operation
19 and event data to improve individual vehicle operator
20 performance, identify installation hazards that
21 threaten safe vehicle operation, and identify vehicle-
22 type specific operating conditions that increase the
23 risk of accidents or mishaps.
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1 (d) MILITARY TACTICAL VEHICLES SPECIFIED.—
2 Military tactical vehicles specified in this subsection are
3 the following:
4 (1) High Mobility Multipurpose Wheeled Vehi-
5 cles.
6 (2) Family of Medium Tactical Vehicles.
7 (3) Medium Tactical Vehicle Replacements.
8 (4) Heavy Expanded Mobility Tactical Trucks.
9 (5) Light Armored Vehicles.
10 (6) Stryker armored combat vehicles.
11 (7) Such other military tactical vehicles as the
12 Secretary of the Army or the Secretary of the Navy
14 (e) CYBER RISK EXEMPTION.—The Secretary of the
15 Army or the Secretary of the Navy, as the case may be,
16 may exempt from a pilot program under this section a
17 military tactical vehicle specified under subsection (d) if
18 that Secretary submits to the Committees on Armed Serv-
19 ices of the House of Representatives and the Senate a cer-
20 tification that, with respect to inclusion of the military tac-
21 tical vehicle, there is a high potential of cyber risk as a
22 result of the absence of a cross-domain solution capable
23 of segregating classified and unclassified data.
24 (f) IMPLEMENTATION PLAN.—Not later than 180
25 days after the date of the enactment of this Act, the Sec-
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1 retary of the Army and the Secretary of the Navy shall
2 each—
3 (1) develop plans for implementing the pilot
4 programs under this section; and
6 mittees a briefing on those plans and the estimated
7 cost of implementing those plans.
8 (g) REPORT REQUIRED.—Not later than December
9 15, 2024, the Secretary of the Army and the Secretary
10 of the Navy shall each submit to the congressional defense
11 committees a report on the respective pilot programs car-
12 ried out under this section by the Secretaries, including—
13 (1) insights and findings regarding the utility of
14 using data recorders to monitor, assess, and improve
15 readiness and the safe operation of military tactical
16 vehicles;
17 (2) adjustments made, or to be made, to the
18 implementation plans developed under subsection (f);
19 and
20 (3) any other matters determined appropriate
21 by the Secretaries.
22 (h) ASSESSMENT REQUIRED.—Not later than De-
23 cember 15, 2025, the Secretary of the Army and the Sec-
24 retary of the Navy shall jointly submit to the congressional
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1 defense committees an assessment of the pilot programs
2 carried out under this section, including—
3 (1) insights and findings regarding the utility of
4 using data recorders to monitor, assess, and improve
5 readiness and the safe operation of military tactical
6 vehicles;
7 (2) an assessment of the utility of establishing
8 an enduring program to use data recorders to mon-
9 itor, assess, and improve readiness and the safe op-
10 eration of military tactical vehicles;
11 (3) an assessment of the scope, size, and esti-
12 mated cost of such an enduring program; and
13 (4) such other matters as the Secretary of the
14 Army and the Secretary of the Navy determine ap-
15 propriate.
16 SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF
17 OUT-OF-POCKET COSTS OF MEMBERS OF THE
18 ARMED FORCES FOR UNIFORM ITEMS.
19 (a) TRACKING REQUIREMENT.—The Secretary of

20 Defense shall take such steps as may be necessary to track
21 the expected useful life of uniform items for officers and
22 enlisted members of the Armed Forces, for the purposes
23 of—
24 (1) estimating the rate at which such uniform
25 items are replaced;
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1 (2) determining the resulting out-of-pocket
2 costs for such members over time;
3 (3) determining the necessity of establishing a
4 uniform replacement allowance for officers of the
5 Armed Forces, based on the replacement rate esti-
6 mated pursuant to paragraph (1) and the out-of-
7 pocket costs determined pursuant to paragraph (2);
8 and
9 (4) determining the adequacy of the uniform al-
10 lowance for enlisted members of the Armed Forces.
11 (b) REPORT.—Not later than 120 days after the date
14 port on the expected useful life of required uniform items
15 for members of the Armed Forces, projected changes to
16 such required uniform items, and related costs anticipated
17 by the Secretary (disaggregated by Armed Force). Such
18 report shall include—
19 (1) pricing information for each such item, in-
20 cluding items that are not considered uniquely mili-
21 tary; and
22 (2) an assessment of the necessity of estab-
23 lishing a uniform replacement allowance for officers
24 of the Armed Forces, as determined pursuant to
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1 SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RE-
2 LATING TO ANIMAL FACILITY SANITATION
3 AND PLAN FOR HOUSING AND CARE OF
4 HORSES.
5 (a) IMPLEMENTATION BY SECRETARY OF THE ARMY

6 OF CERTAIN RECOMMENDATIONS RELATING TO ANIMAL
7 FACILITY SANITATION.—Not later than March 1, 2023,
8 the Secretary of the Army shall implement the rec-
9 ommendations contained in the memorandum of the De-
10 partment of the Army dated February 25, 2022, the sub-
11 ject of which is ‘‘Animal Facility Sanitation Inspection
12 Findings for the Fort Myer Caisson Barns/Paddocks and
13 the Fort Belvoir Caisson Pasture Facility’’ (MHCB–RN).
14 (b) PLAN FOR HOUSING AND CARE OF ALL HORSES
15 WITHIN CARE OF OLD GUARD.—
16 (1) IN GENERAL.—Not later than March 1,
17 2023, the Secretary of the Army shall submit to
18 Congress a plan for the housing and care of all
19 horses within the care of the 3rd United States In-
20 fantry (commonly known as the ‘‘Old Guard’’).
21 (2) ELEMENTS.—The plan required by para-
22 graph (1) shall include—
23 (A) a description of each modification
24 planned or underway at the Fort Myer Caisson
25 Barns/Paddocks, the Fort Belvoir Caisson Pas-
26 ture Facility, and any other facility or location
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1 under consideration for stabling of the horses
2 described in paragraph (1);
3 (B) an identification of adequate space at
4 Fort Myer, Virginia, to properly care for the
5 horses described in paragraph (1);
6 (C) a prioritization of the allotment of the
7 space identified under subparagraph (B) over
8 other functions of Fort Myer that could be
9 placed elsewhere;
10 (D) projected timelines and resource re-
11 quirements to execute the plan; and
12 (E) a description of—
13 (i) immediate remedies for the unsani-
14 tary and unsafe conditions present at the
15 locations described in subparagraph (A);
16 and
17 (ii) how long-term quality of life im-
18 provements will be provided for the horses
19 described in paragraph (1).
20 SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF
21 THE NAVY AS EXECUTIVE AGENT FOR NAVAL
22 SMALL CRAFT INSTRUCTION AND TECHNICAL
23 TRAINING SCHOOL.
24 The Secretary of the Navy shall continue, through

25 fiscal year 2023—
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1 (1) to perform the responsibilities of the De-
2 partment of Defense executive agent for the Naval
3 Small Craft Instruction and Technical Training
4 School pursuant to section 352(b) of title 10, United
5 States Code; and
6 (2) to provide such support as may be nec-
7 essary for the continued operation of such school.
8 SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIRE-
9 MENT OF LEGACY MARITIME MINE COUNTER-
10 MEASURES PLATFORMS.
11 (a) PROHIBITION.—Except as provided in subsection

12 (b), the Secretary of the Navy may not obligate or expend
13 funds to discontinue or prepare to discontinue, including
14 by making a substantive reduction in training and oper-
15 ational employment, any element of the Marine Mammal
16 Program of the Navy, that has been used, or is currently
17 being used, for—
18 (1) port security at Navy bases, known as
19 Mark-6 systems; or
20 (2) mine search capabilities, known as Mark-7
21 systems.
22 (b) WAIVER.—The Secretary of the Navy may waive
23 the prohibition under subsection (a) if the Secretary, with
24 the concurrence of the Director of Operational Test and
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1 Evaluation, certifies in writing to the congressional de-
2 fense committees that the Secretary has—
3 (1) identified a replacement capability and the
4 necessary quantity of such capability to meet all
5 operational requirements currently being met by the
6 Marine Mammal Program, including a detailed ex-
7 planation of such capability and quantity;
8 (2) achieved initial operational capability of all
9 capabilities referred to in paragraph (1), including a
10 detailed explanation of such achievement; and
11 (3) deployed a sufficient quantity of capabilities
12 referred to in paragraph (1) that have achieved ini-
13 tial operational capability to continue to meet or ex-
14 ceed all operational requirements currently being
15 met by Marine Mammal Program, including a de-
16 tailed explanation of such deployment.
17 TITLE IV—MILITARY
18 PERSONNEL AUTHORIZATION
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.

Sec. 402. End strength level matters.
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.
Subtitle C—Authorization of Appropriations
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1 Subtitle A—Active Forces
2 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
3 The Armed Forces are authorized strengths for active

4 duty personnel as of September 30, 2023, as follows:
5 (1) The Army, 452,000.
6 (2) The Navy, 354,000.
7 (3) The Marine Corps, 177,000.
8 (4) The Air Force, 325,344.
9 (5) The Space Force, 8,600.
10 SEC. 402. END STRENGTH LEVEL MATTERS.
11 (a) STRENGTH LEVELS TO SUPPORT NATIONAL DE-

12 FENSE STRATEGY.—
13 (1) REPEAL.—Section 691 of title 10, United
14 States Code, is repealed.
15 (2) TABLE OF SECTIONS.—The table of sections
16 at the beginning of chapter 39 of such title is
17 amended by striking the item relating to section
18 691.
19 (b) CERTAIN ACTIVE-DUTY AND SELECTED RESERVE
20 STRENGTHS.—Section 115 of such title is amended—
21 (1) in subsection (f), by striking ‘‘increase’’
22 each place it appears and inserting ‘‘vary’’; and
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1 (A) in paragraph (1), by striking subpara-
2 graphs (A) and (B) and inserting the following
3 new subparagraphs:
4 ‘‘(A) vary the end strength pursuant to sub-
5 section (a)(1)(A) for a fiscal year for the armed
6 force or forces under the jurisdiction of that Sec-
7 retary by a number not equal to more than two per-
8 cent of such authorized end strength; and
9 ‘‘(B) vary the end strength pursuant to sub-
10 section (a)(2) for a fiscal year for the Selected Re-
11 serve of the reserve component of the armed force
12 or forces under the jurisdiction of that Secretary by
13 a number equal to not more than one percent of
14 such authorized end strength.’’;
15 (B) in paragraph (2), by striking ‘‘in-
16 crease’’ each place it appears and inserting
17 ‘‘variance’’; and
19 paragraph (3):
20 ‘‘(3) The Secretary of the military department con-
21 cerned shall promptly notify the congressional defense
22 committees if such Secretary exceeds a variance under
23 paragraph (1), and at least once every 90 days thereafter
24 for so long as such end strength is outside such variance.
25 Each such notification shall include the following:
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1 ‘‘(A) Modified projected end strengths for active
2 and reserve components of the armed force or forces
3 for which such Secretary exceeds such variance.
4 ‘‘(B) An identification of any budgetary effects
5 projected as a result of such modified end strength
6 projections.
7 ‘‘(C) An explanation of any effects on readiness
8 resulting from such modified end strength projec-
9 tions.’’.
10 SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE
11 END STRENGTH.
12 (a) IN GENERAL.—Notwithstanding section 115(g)

13 of title 10, United States Code, upon determination by the
14 Secretary of the Air Force that such action would enhance
15 manning and readiness in essential units or in critical spe-
16 cialties, the Secretary may vary the end strength author-
17 ized by Congress for each fiscal year as follows:
18 (1) Increase the end strength authorized pursu-
19 ant to section 115(a)(1)(A) of such title for a fiscal
20 year for the Space Force by a number equal to not
21 more than 5 percent of such authorized end
22 strength.
23 (2) Decrease the end strength authorized pur-
24 suant to section 115(a)(1)(A) of such title for a fis-
25 cal year for the Space Force by a number equal to
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1 not more than 10 percent of such authorized end
2 strength.
3 (b) TERMINATION.—The authority provided under
4 subsection (a) shall terminate on December 31, 2023.
5 Subtitle B—Reserve Forces
6 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
7 (a) IN GENERAL.—The Armed Forces are authorized

8 strengths for Selected Reserve personnel of the reserve
9 components as of September 30, 2023, as follows:
10 (1) The Army National Guard of the United
11 States, 325,000.
12 (2) The Army Reserve, 177,000.
13 (3) The Navy Reserve, 57,000.
14 (4) The Marine Corps Reserve, 33,000.
15 (5) The Air National Guard of the United
16 States, 108,400.
17 (6) The Air Force Reserve, 70,000.
18 (7) The Coast Guard Reserve, 7,000.
19 (b) END STRENGTH REDUCTIONS.—The end
20 strengths prescribed by subsection (a) for the Selected Re-
21 serve of any reserve component shall be proportionately
22 reduced by—
23 (1) the total authorized strength of units orga-
24 nized to serve as units of the Selected Reserve of
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1 such component which are on active duty (other
2 than for training) at the end of the fiscal year; and
3 (2) the total number of individual members not
4 in units organized to serve as units of the Selected
5 Reserve of such component who are on active duty
6 (other than for training or for unsatisfactory partici-
7 pation in training) without their consent at the end
8 of the fiscal year.
9 (c) END STRENGTH INCREASES.—Whenever units or
10 individual members of the Selected Reserve for any reserve
11 component are released from active duty during any fiscal
12 year, the end strength prescribed for such fiscal year for
13 the Selected Reserve of such reserve component shall be
14 increased proportionately by the total authorized strengths
15 of such units and by the total number of such individual
16 members.
17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
18 DUTY IN SUPPORT OF THE RESERVES.
19 Within the end strengths prescribed in section

20 411(a), the reserve components of the Armed Forces are
21 authorized, as of September 30, 2023, the following num-
22 ber of Reserves to be serving on full-time active duty or
23 full-time duty, in the case of members of the National
24 Guard, for the purpose of organizing, administering, re-
25 cruiting, instructing, or training the reserve components:
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2 States, 30,845.
7 States, 25,333.
9 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
10 (DUAL STATUS).
11 (a) IN GENERAL.—The minimum number of military

12 technicians (dual status) as of the last day of fiscal year
13 2023 for the reserve components of the Army and the Air
14 Force (notwithstanding section 129 of title 10, United
15 States Code) shall be the following:
16 (1) For the Army National Guard of the United
17 States, 22,294.
18 (2) For the Army Reserve, 6,492.
19 (3) For the Air National Guard of the United
20 States, 10,994.
21 (4) For the Air Force Reserve, 7,111.
22 (b) LIMITATION ON NUMBER OF TEMPORARY MILI-
23 TARY TECHNICIANS (DUAL STATUS).—The number of
24 temporary military technicians (dual-status) employed
25 under the authority of subsection (a) may not exceed 25
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1 percent of the total authorized number specified in such
2 subsection.
3 (c) LIMITATION.—Under no circumstances may a
4 military technician (dual status) employed under the au-
5 thority of this section be coerced by a State into accepting
6 an offer of realignment or conversion to any other military
7 status, including as a member of the Active, Guard, and
8 Reserve program of a reserve component. If a military
9 technician (dual status) declines to participate in such re-
10 alignment or conversion, no further action will be taken
11 against the individual or the individual’s position.
12 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
13 THORIZED TO BE ON ACTIVE DUTY FOR
14 OPERATIONAL SUPPORT.
15 During fiscal year 2023, the maximum number of

16 members of the reserve components of the Armed Forces
17 who may be serving at any time on full-time operational
18 support duty under section 115(b) of title 10, United
19 States Code, is the following:
21 States, 17,000.
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2 States, 16,000.
4 Subtitle C—Authorization of
5 Appropriations
6 SEC. 421. MILITARY PERSONNEL.
7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds

8 are hereby authorized to be appropriated for fiscal year
9 2023 for the use of the Armed Forces and other activities
10 and agencies of the Department of Defense for expenses,
11 not otherwise provided for, for military personnel, as spec-
12 ified in the funding table in section 4401.
13 (b) CONSTRUCTION OF AUTHORIZATION.—The au-
14 thorization of appropriations in subsection (a) supersedes
15 any other authorization of appropriations (definite or in-
16 definite) for such purpose for fiscal year 2023.
17 TITLE V—MILITARY PERSONNEL
18 POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty in
grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in general officer
and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the grades
of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers and
flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel from limita-
tions on authorized strengths for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed Forces.
Sec. 508. Improvements to the selection of warrant officers in the military de-
partments for promotion.
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Sec. 509. Advice and consent requirement for waivers of mandatory retirement
for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing duties of
a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of Defense
and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B—Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve Officers’

Training Corps in reports accompanying the national defense
strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Re-
Sec. 513. Backdating of effective date of rank for reserve officers in the Na-
tional Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active Guard
and Reserve duty at the request of a Governor may not inter-
fere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of certain
reserve components.
Sec. 519. Independent study on Federal recognition of National Guard officers.
Sec. 519A. Review and update of report on geographic dispersion of Junior Re-
Sec. 519B. Briefing on duties of the Army Interagency Training and Education
Center.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection review

boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by members of
the Armed Forces and Department of Defense and Coast
Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member who
accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative dis-
charges of certain members on the basis of failure to receive
COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for the
Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the Armed
Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for military occu-
pational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from the
Armed Forces due to pregnancy or parenthood.
Subtitle D—Recruitment and Retention
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Sec. 531. Treatment of personally identifiable information regarding prospec-
tive recruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment
incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of Defense.
Sec. 535. Report on Department of Defense recruitment advertising to racial
and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in public sec-
ondary schools.
Sec. 537. Best practices for the retention of certain female members of the
Armed Forces.
Sec. 538. Review of certain personnel policies of special operations forces.
Sec. 539. Support for members who perform duties regarding remotely piloted
aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize
in air and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.

Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID special
agent training course.
Sec. 549. Review of titling and indexing practices of the Army and certain
other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation of
military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of offenses
under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F—Member Education
Sec. 551. Authorization of certain support for military service academy founda-
tions.
Sec. 552. Individuals from the District of Columbia who may be considered for
appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport con-
stitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force Institute of
Technology: terms of Provosts and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military service
academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional military
education.
Subtitle G—Member Training and Transition
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Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees of
the Department of Defense in STEM.
Subtitle H—Military Family Readiness and Dependents’ Education
Sec. 571. Clarification and expansion of authorization of support for chaplain-

led programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic depend-
ent elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation of re-
mains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit depend-
ents of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces with enrollment changes due to
base closures, force structure changes, or force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion coordinators for
Department of Defense child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children’s Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to provide fi-
nancial assistance to members of the Armed Forces for in-
home child care.
Sec. 579B. Briefing on policies regarding single parents serving as members of
the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected children for
purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools
operated by the Department of Defense Education Activity.
Subtitle I—Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of military
records to review determinations regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General of
the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.

Sec. 592. Notification on manning of afloat naval forces: modifications; codi-
fication.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Ar-
lington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National
Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
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Sec. 596. Pilot program on car sharing on remote or isolated military installa-
tions.
Sec. 597. Briefing on the effects of economic inflation on members of the
Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the Armed
Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide in the
Navy.
Sec. 599B. Report on officer personnel management and the development of
the professional military ethic of the Space Force.
1 Subtitle A—Officer Personnel

2 Policy
3 SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OF-
4 FICERS ON ACTIVE DUTY IN GRADES OF
5 MAJOR, LIEUTENANT COLONEL, AND COLO-
6 NEL.
7 The table in subsection (a)(1) of section 523 of title

8 10, United States Code, is amended by inserting after the
9 items relating to the Marine Corps new items relating to
10 the total number of commissioned officers (excluding offi-
11 cers in categories specified in subsection (b) of such sec-
12 tion) serving on active duty in the Space Force in the
13 grades of major, lieutenant colonel, and colonel, respec-
14 tively, as follows:
‘‘3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565’’.
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1 SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON
2 ACTIVE DUTY IN GENERAL OFFICER AND
3 FLAG OFFICER GRADES.

5 amended—
7 (A) in the matter preceding paragraph (1),
8 by striking ‘‘as follows:’’ and inserting an em
9 dash;
10 (B) in paragraph (4)(C), by striking the
11 period at the end and inserting ‘‘; and’’; and
13 paragraph:
14 ‘‘(5) in the Space Force, if that appointment
15 would result in more than—
16 ‘‘(A) 2 officers in the grade of general;
17 ‘‘(B) 7 officers in a grade above the grade
18 of major general; or
19 ‘‘(C) 6 officers in the grade of major gen-
20 eral.’’;’’;
21 (2) in subsection (c)—
22 (A) in paragraph (1)(A), by striking ‘‘and
23 Marine Corps’’ and inserting ‘‘Marine Corps,
24 and Space Force’’; and
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1 (B) in paragraph (2), by striking ‘‘or Ma-
2 rine Corps’’ and inserting ‘‘Marine Corps, or
3 Space Force’’; and
4 (3) in subsection (d), by striking ‘‘or Com-
5 mandant of the Marine Corps’’ and inserting ‘‘Com-
6 mandant of the Marine Corps, or Chief of Space Op-
7 erations’’.
8 SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING
9 ON ACTIVE DUTY IN THE GRADES OF O-8 AND
10 O-9.
11 Subsection (a)(3) of section 525 of title 10, United

12 States Code, as amended by section 502, is amended—
13 (1) in subparagraph (B), by striking ‘‘33’’ and
14 inserting ‘‘34’’; and
15 (2) in subparagraph (C), by striking ‘‘50’’ and
17 SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31,
18 2022: GENERAL OFFICERS AND FLAG OFFI-
19 CERS ON ACTIVE DUTY.
20 Section 526a of title 10, United States Code, is

21 amended—
24 by striking ‘‘and Marine Corps’’ and inserting
25 ‘‘Marine Corps, and Space Force’’;
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1 (B) in paragraph (1), by striking ‘‘220’’
2 and inserting ‘‘218’’;
3 (C) in paragraph (2), by striking ‘‘151’’
4 and inserting ‘‘149’’;
5 (D) in paragraph (3), by striking ‘‘187’’
6 and inserting ‘‘170’’; and
7 (E) by adding at the end the following new
8 paragraph:
9 ‘‘(5) For the Space Force, 21.’’; and
10 (2) in subsection (b)(2), by adding at the end
11 the following new subparagraph:
12 ‘‘(E) For the Space Force, 6.’’.
13 SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN
14 OFFICERS AWAITING RETIREMENT.

16 amended by striking ‘‘retirement, but not for more than
17 60 days.’’ and inserting the following: ‘‘retirement, but—
18 ‘‘(A) subject to subparagraph (B), not for
19 more than 60 days; and
20 ‘‘(B) with respect to an officer awaiting re-
21 tirement following not less than one year of
22 consecutive deployment outside of the United
23 States to a combat zone (as defined in section
24 112(c) of the Internal Revenue Code of 1986)
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1 or in support of a contingency operation, not
2 for more than 90 days.’’.
3 SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPE-
4 CIAL TRIAL COUNSEL FROM LIMITATIONS ON
5 AUTHORIZED STRENGTHS FOR GENERAL
6 AND FLAG OFFICERS.
7 During the two-year period beginning on the date of

8 the enactment of this Act, the limitations in section
9 526a(a) of title 10, United States Code, as amended by
10 section 504, shall not apply to a general or flag officer
11 serving in the position of lead special trial counsel pursu-
12 ant to an appointment under section 1044f(a)(2) of such
13 title.
14 SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN
15 OFFICERS OF THE ARMED FORCES.
16 (a) CONSTRUCTIVE SERVICE CREDIT FOR WARRANT

17 OFFICERS.—Section 572 of title 10, United States Code,
18 is amended—
19 (1) by inserting ‘‘(a)’’ before ‘‘For the pur-
20 poses’’; and
22 section:
23 ‘‘(b) The Secretary concerned shall credit a person
24 who is receiving an original appointment as a warrant offi-
25 cer in the regular component of an armed force under the
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1 jurisdiction of such Secretary concerned, and who has ad-
2 vanced education or training or special experience, with
3 constructive service for such education, training, or experi-
4 ence, as follows:
5 ‘‘(1) For special training or experience in a par-
6 ticular warrant officer field designated by the Sec-
7 retary concerned, if such training or experience is di-
8 rectly related to the operational needs of the armed
9 force concerned, as determined by such Secretary
10 concerned.
11 ‘‘(2) For advanced education in a warrant offi-
12 cer field designated by the Secretary concerned, if
13 such education is directly related to the operational
14 needs of the armed force concerned, as determined
15 by such Secretary concerned.’’.
16 (b) REPORT.—Not later than February 1, 2027, the
17 Secretary of Defense shall submit to the Committees on
18 Armed Services of the Senate and House of Representa-
19 tives a report on the amendments made by subsection (a).
20 Such report shall include—
21 (1) the evaluation of such amendments by the
22 Secretary;
23 (2) the estimate of the Secretary regarding how
24 many individuals are eligible for credit under sub-
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1 section (b) of such section, as added by subsection
2 (a); and
3 (3) the determination of the Secretary whether
4 existing special pay for such members is adequate.
5 SEC. 508. IMPROVEMENTS TO THE SELECTION OF WAR-
6 RANT OFFICERS IN THE MILITARY DEPART-
7 MENTS FOR PROMOTION.
8 (a) PROMOTION BY SELECTION BOARDS: REC-

9 OMMENDATION; EXCLUSION FROM CONSIDERATION.—
10 Section 575 of title 10, United States Code, is amended
11 by adding at the end the following new subsections:
12 ‘‘(e)(1) In selecting the warrant officers to be rec-
13 ommended for promotion, a selection board shall, when
14 authorized by the Secretary concerned, recommend war-
15 rant officers of particular merit, pursuant to guidelines
16 and procedures prescribed by the Secretary concerned,
17 from among those warrant officers selected for promotion,
18 to be placed higher on the promotion list contained in the
19 report of such board under section 576(c) of this title.
20 ‘‘(2) A selection board may recommend that a war-
21 rant officer be placed higher on a promotion list under
22 paragraph (1) only if the warrant officer receives the rec-
23 ommendation of at least a majority of the members of the
24 board, unless the Secretary concerned establishes an alter-
25 native requirement. Any such alternate requirement shall
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1 be furnished to the board as part of the guidelines fur-
2 nished to the board under section 576 of this title.
3 ‘‘(3) For the warrant officers recommended to be
4 placed higher on a promotion list under paragraph (1),
5 the board shall recommend the order in which those war-
6 rant officers should be placed on the list.
7 ‘‘(f)(1) Upon the request of a warrant officer, the
8 Secretary concerned may exclude the warrant officer from
9 consideration for promotion under this section.
10 ‘‘(2) The Secretary concerned may approve a request
11 of a warrant officer under paragraph (1) only if—
12 ‘‘(A) the basis for the request is to allow the of-
13 ficer to complete—
14 ‘‘(i) an assignment in support of career
15 progression;
16 ‘‘(ii) advanced education;
17 ‘‘(iii) an assignment such Secretary deter-
18 mines is of significant value to the Armed
19 Force concerned; or
20 ‘‘(iv) a career progression requirement de-
21 layed by an assignment or education;
22 ‘‘(B) such Secretary determines that such ex-
23 clusion from consideration is in the best interest of
24 the Armed Force concerned; and
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1 ‘‘(C) the officer has not previously failed of se-
2 lection for promotion to the grade for which the offi-
3 cer requests exclusion from consideration.’’.
4 (b) PRIORITY FOR PROMOTION OF WARRANT OFFI-
5 CERS IN REPORT OF SELECTION BOARD.—Subsection (c)
6 of section 576 of such title is amended to read as follows:
7 ‘‘(c) The names of warrant officers selected for pro-
8 motion under this section shall be arranged in the report
9 of such board in the following order of priority:
10 ‘‘(1) Warrant officers recommended under sec-
11 tion 575(e) of this title to be placed higher on the
12 promotion list, in the order in which the board de-
13 termines.
14 ‘‘(2) Warrant officers otherwise recommended
15 for promotion, in the order of seniority on the war-
16 rant officer active-duty list.’’.
17 (c) PROMOTIONS: HOW MADE; EFFECTIVE DATE.—
18 Section 578(a) of such title is amended by striking ‘‘of
19 the seniority of such officers on the warrant officer active-
20 duty list’’ and inserting ‘‘set forth in section 576(c) of this
21 title’’.
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1 SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIV-
2 ERS OF MANDATORY RETIREMENT FOR SU-
3 PERINTENDENTS OF MILITARY SERVICE
4 ACADEMIES.
5 (a) UNITED STATES MILITARY ACADEMY.—Section

6 7321(b) of title 10, United States Code, is amended by
7 adding at the end the following: ‘‘In the event a waiver
8 under this subsection is granted, the subsequent nomina-
9 tion and appointment of such officer having served as Su-
10 perintendent of the Academy to a further assignment in
11 lieu of retirement shall be subject to the advice and con-
12 sent of the Senate.’’.
13 (b) UNITED STATES NAVAL ACADEMY.—Section
21 (c) UNITED STATES AIR FORCE ACADEMY.—Section
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3 SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE
4 PERSONNEL PERFORMING DUTIES OF A NU-
5 CLEAR AND MISSILE OPERATIONS OFFICER
6 (13N).

11 graph (9); and
13 lowing new paragraph (8):
14 ‘‘(8) A staffing plan for managing personnel in
15 the 13N career field as the Air Force transitions
16 from the Minuteman III weapon system to the Sen-
17 tinel weapon system.’’.
18 SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF
19 THE SECRETARY OF DEFENSE AND OTHER
20 DEPARTMENT OF DEFENSE HEADQUARTERS
21 OFFICES.
22 (a) OFFICE OF THE SECRETARY OF DEFENSE.—The

23 Secretary of Defense shall conduct an assessment of staff-
24 ing of the Office of the Secretary of Defense. Such assess-
25 ment shall including the following elements:
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1 (1) A validation of every military staff billet as-
2 signed to the Office of the Secretary of Defense
3 against existing military personnel requirements.
4 (2) The estimated effect of returning 15 per-
5 cent of such military staff billets to operational ac-
6 tivities of the Armed Forces concerned, over a period
7 of 36 months, would have on the office of the Sec-
8 retary of Defense and other Department of Defense
9 Headquarters Offices.
10 (3) A plan and milestones for how reductions
11 described in paragraph (2) would occur, a schedule
12 for such reductions, and the process by which the
13 billets would be returned to the operational activities
14 of the Armed Forces concerned.
15 (b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The
16 Chairman of the Joint Chiefs of Staff shall conduct an
17 assessment of staffing of the Office of the Joint Chiefs
18 of Staff. Such assessment shall including the following ele-
19 ments:
20 (1) A validation of every military staff billet as-
21 signed to the Office of the Joint Chiefs of Staff
22 against existing military personnel requirements.
23 (2) The estimated effect of returning 15 per-
24 cent of such military staff billets to operational ac-
25 tivities of the Armed Forces concerned, over a period
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1 of 36 months, would have on the office of the Joint
2 Staff and the Chairman’s Controlled Activities and
3 other related Joint Staff Headquarters Offices.
4 (3) A plan and milestones for how reductions
5 described in paragraph (2) would occur, a schedule
6 for such reductions, and the process by which the
7 billets would be returned to the operational activities
8 of the Armed Forces concerned.
9 (c) INTERIM BRIEFING AND REPORT.—
10 (1) INTERIM BRIEFING.—Not later than April
11 1, 2023, the Secretary shall provide to the Commit-
12 tees on Armed Services of the Senate and House of
13 Representatives an interim briefing on the assess-
14 ments under subsections (a) and (b).
15 (2) FINAL REPORT.—Not later than one year
17 retary shall submit to the Committees on Armed
18 Services of the Senate and House of Representatives
19 a report on the assessments under subsections (a)
20 and (b). Such report shall include the following:
21 (A) A validation of every military staff bil-
22 let assigned to the Office of the Secretary of
23 Defense and the Joint Staff to include the
24 Chairman’s Controlled Activities against exist-
25 ing military personnel requirements.
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1 (B) The methodology and process through
2 which such validation was performed.
3 (C) Relevant statistical analysis on military
4 billet fill rates against validated requirements.
5 (D) An analysis of unvalidated military bil-
6 lets currently performing staff support func-
7 tions,
8 (E) The rationale for why unvalidated mili-
9 tary billets may be required.
10 (F) The cost of military staff filling both
11 validated and unvalidated billets.
12 (G) Lessons learned through the military
13 billet validation process and statistical analysis
14 under subparagraphs (B) through (F).
15 (H) Any other matters the Secretary deter-
16 mines relevant to understanding the use of mili-
17 tary staff billets described in subsections (a)
18 and (b).
19 (I) Any legislative, policy or budgetary rec-
20 ommendations of the Secretary related to the
21 subject matter of the report.
22 SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORM-
23 ANCE EVALUATIONS.
24 (a) REVIEW REQUIRED.—Not later than one year

25 after the enactment of this Act, the Comptroller General
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1 of the United States shall review the officer performance
2 reports of each Armed Force under the jurisdiction of a
3 Secretary of a military department in order to—
4 (1) study the fitness report systems used for
5 the performance evaluation of officers; and
6 (2) provide to the Secretary of Defense and the
7 Secretaries of the military departments rec-
8 ommendations regarding how to improve such sys-
9 tems.
10 (b) ELEMENTS.—The review required under sub-
12 (1) An analysis of the effectiveness of the fit-
13 ness report systems at evaluating and documenting
14 the performance of officers.
15 (2) A comparison of the fitness report systems
16 for officers of each Armed Force described in sub-
17 section (a) with best practices for performance eval-
18 uations used by public- and private-sector organiza-
19 tions.
20 (3) An analysis of the value of fitness reports
21 in providing useful information to officer promotion
22 boards.
23 (4) An analysis of the value of fitness reports
24 in providing useful feedback to officers being evalu-
25 ated.
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1 (5) Recommendations to improve the fitness re-
2 port systems to—
3 (A) increase its effectiveness at accurately
4 evaluating and documenting the performance of
5 officers;
6 (B) provide more useful information to of-
7 ficer promotion boards; and
8 (C) provide more useful feedback regarding
9 evaluated officers.
10 (c) ACCESS TO DATA AND RECORDS.—The Secre-
11 taries of the military departments shall provide to the
12 Comptroller General sufficient resources and access to
13 technical data, individuals, organizations, and records that
14 the Comptroller General requires to complete the review
15 under this section.
16 (d) SUBMISSION TO SECRETARIES.—Upon com-
17 pleting the review under subsection (a), the Comptroller
18 General shall submit to the Secretary of Defense and the
19 Secretaries of the military departments a report on the
20 results of the review.
21 (e) SUBMISSION TO CONGRESS.—Not later than 30
22 days after the date on which the Secretary of Defense and
23 the Secretaries of the military departments receive the re-
24 port under subsection (d), the Secretary of Defense shall
25 submit to the congressional defense committees—
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1 (1) an unaltered copy of such report; and
2 (2) any comments of the Secretary regarding
3 such report.
4 SEC. 509D. STUDY OF CHAPLAINS.
5 (a) STUDY REQUIRED.—Not later than 180 days

7 of Defense, in consultation with the Secretaries of the
8 military departments, shall submit to the Committees on
10 tives a study of the roles and responsibilities of chaplains.
13 (1) The resources (including funding, adminis-
14 trative support, and personnel) available to support
15 religious programs.
16 (2) Inclusion of chaplains in resiliency, suicide
17 prevention, wellness, and other related programs.
18 (3) The role of chaplains in embedded units,
19 headquarters activities. and military treatment facili-
20 ties.
21 (4) Recruitment and retention of chaplains.
22 (5) An analysis of the number of hours chap-
23 lains spend in roles including pastoral care, religious
24 services, counseling, and administration.
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1 (6) The results of any surveys that have as-
2 sessed the roles, responsibilities and satisfaction of
3 chaplains.
4 (7) A review of the personnel requirements for
5 chaplains during fiscal years 2013 through 2022.
6 (8) Challenges to the abilities of chaplains to
7 offer ministry services.
8 Subtitle B—Reserve Component
9 Management
10 SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON
11 THE SENIOR RESERVE OFFICERS’ TRAINING
12 CORPS IN REPORTS ACCOMPANYING THE NA-
13 TIONAL DEFENSE STRATEGY.
14 Section 113(m) of title 10, United States Code, is

15 amended—
16 (1) by redesignating the second paragraph (8)
17 as paragraph (11);
18 (2) by redesignating the first paragraph (8), as
19 paragraph (10);
20 (3) by redesignating paragraphs (5), (6), and
21 (7) paragraphs (7), (8), and (9), respectively; and
23 lowing new paragraphs:
24 ‘‘(5) The number of Senior Reserve Officers’
25 Training Corps scholarships awarded during the fis-
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1 cal year covered by the report, disaggregated by gen-
2 der, race, and ethnicity, for each military depart-
3 ment.
4 ‘‘(6) The program completion rates and pro-
5 gram withdrawal rates of Senior Reserve Officers’
6 Training Corps scholarship recipients during the fis-
7 cal year covered by the report, disaggregated by gen-
8 der, race, and ethnicity, for each military depart-
9 ment.’’.
10 SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN IN-
11 STRUCTOR IN THE JUNIOR RESERVE OFFI-
12 CERS’ TRAINING CORPS.

15 (1) by redesignating subsections (f) and (g) as
16 subsections (g) and (h), respectively; and
19 ‘‘(f)(1) Instead of, or in addition to, detailing officers
20 and noncommissioned officers on active duty under sub-
21 section (c)(1) or authorizing the employment of retired of-
22 ficers and noncommissioned officers under subsection (d)
23 or (e), the Secretary of the military department concerned
24 may authorize qualified institutions to employ as adminis-
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1 trators and instructors in the program officers or non-
2 commissioned officers who—
3 ‘‘(A)(i) receive honorable discharges—
4 ‘‘(I) after completing at least eight years of
5 service; and
6 ‘‘(II) not longer than five years before ap-
7 plying for such employment; or
8 ‘‘(ii)(I) are in an active status; and
9 ‘‘(II) who are not yet eligible for retired pay;
10 and
11 ‘‘(B) apply for such employment.
13 cerned shall pay to the institution an amount equal to one-
14 half of the amount to be paid to an instructor pursuant
15 to the JROTC Instructor Pay Scale for any period.
16 ‘‘(3) Notwithstanding the limitation in paragraph (2),
17 the Secretary of the military department concerned may
18 pay to the institution more than one-half of the amount
19 paid to the member by the institution if, as determined
20 by such Secretary—
21 ‘‘(A) the institution is in an educationally and
22 economically deprived area; and
23 ‘‘(B) such action is in the national interest.
24 ‘‘(4) Payments under this subsection shall be made
25 from funds appropriated for that purpose.
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2 cerned may require an officer or noncommissioned officer
3 employed under this subsection to transfer to the Indi-
4 vidual Ready Reserve as a condition of such employ-
5 ment.’’.
6 (b) BRIEFING.—Not later than one year after the
7 date of the enactment of this Act, the Secretary of Defense
8 shall submit to the Committees on Armed Services of the
9 Senate and House of Representatives a briefing regard-
10 ing—
11 (1) the number of instructors employed pursu-
12 ant to the amendment made by subsection (a); and
13 (2) costs to the Federal Government arising
14 from such employment.
15 SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR
16 RESERVE OFFICERS IN THE NATIONAL
17 GUARD DUE TO UNDUE DELAYS IN FEDERAL
18 RECOGNITION.
19 Paragraph (2) of section 14308(f) of title 10, United

20 States Code, is amended to read as follows:
21 ‘‘(2) If there is a delay in extending Federal recogni-
22 tion in the next higher grade in the Army National Guard
23 or the Air National Guard to a reserve commissioned offi-
24 cer of the Army or the Air Force that exceeds 100 days
25 from the date the National Guard Bureau deems such offi-
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1 cer’s application for Federal recognition to be completely
2 submitted by the State and ready for review at the Na-
3 tional Guard Bureau, and the delay was not attributable
4 to the action or inaction of such officer—
5 ‘‘(A) in the event of State promotion with an
6 effective date before January 1, 2024, the effective
7 date of the promotion concerned under paragraph
8 (1) may be adjusted to a date determined by the
9 Secretary concerned, but not earlier than the effec-
10 tive date of the State promotion; and
11 ‘‘(B) in the event of State promotion with an
12 effective date on or after January 1, 2024, the effec-
13 tive date of the promotion concerned under para-
14 graph (1) shall be adjusted by the Secretary con-
15 cerned to the later of—
16 ‘‘(i) the date the National Guard Bureau
17 deems such officer’s application for Federal rec-
18 ognition to be completely submitted by the
19 State and ready for review at the National
20 Guard Bureau; and
21 ‘‘(ii) the date on which the officer occupies
22 a billet in the next higher grade.’’.
23 SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.
24 (a) ELEMENT.—Subsection (a) of section 105 of title

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6 paragraph:
7 ‘‘(8) the units and members of the Army Na-
8 tional Guard or Air National Guard comply with
9 Federal law and policy applicable to the National
10 Guard, including policies issued by the Secretary of
11 Defense, the Secretary of the military department
12 concerned, or the Chief of the National Guard Bu-
13 reau.’’.
14 (b) REPORT.—Not later than six months after the
16 Army and the Secretary of the Air Force shall submit to
17 the Committees on Armed Services of the Senate and
18 House of Representatives a report on the implementation
19 of paragraph (8) of such subsection, as added by sub-
20 section (a). Such report shall include the following:
21 (1) The number of inspections conducted that
22 included determinations under such paragraph.
23 (2) With regard to each such inspection—
24 (A) the date;
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1 (B) the unit of the Army National Guard
2 or the Air National Guard inspected;
3 (C) the officer who conducted such inspec-
4 tion; and
5 (D) the determination of the officer wheth-
6 er the unit was in compliance with Federal law
7 and policy applicable to the National Guard.
8 SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PER-
9 FORMANCE OF ACTIVE GUARD AND RESERVE
10 DUTY AT THE REQUEST OF A GOVERNOR MAY
11 NOT INTERFERE WITH CERTAIN DUTIES.
12 (a) IN GENERAL.—Section 328(b) of title 32, United

15 ‘‘(c) WAIVER AUTHORITY.—(1) Notwithstanding sec-
16 tion 101(d)(6)(A) of title 10 and subsection (b) of this
17 section, the Governor of a State or the Commonwealth of
18 Puerto Rico, Guam, or the Virgin Islands, or the com-
19 manding general of the District of Columbia National
20 Guard, as the case may be, may, at the request of the
21 Secretary concerned, order a member of the National
22 Guard to perform Active Guard and Reserve duty for pur-
23 poses of performing training of the regular components
24 of the armed forces as the primary duty.
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1 ‘‘(2) Training performed under paragraph (1) must
2 be in compliance with the requirements of section
3 502(f)(2)(B)(i) of this title.
4 ‘‘(3) No more than 100 personnel may be granted
5 a waiver by a Secretary concerned under paragraph (1)
6 at a time.
7 ‘‘(4) The authority under paragraph (1) shall termi-
8 nate on October 1, 2024.’’.
9 (b) BRIEFING ON PERFORMANCE OF TRAINING AS
10 PRIMARY DUTY.—Not later than March 1, 2023, the Sec-

11 retary of the Army and the Secretary of the Air Force
12 shall each submit to the Committee on Armed Services
13 of the Senate and the Committee on Armed Services of
14 the House of Representatives a briefing describing how
15 many members of the National Guard are performing Ac-
16 tive Guard and Reserve duty for purposes of performing
17 training of the regular components of the Armed Forces
18 as primary duty.
19 (c) BRIEFING ON END STRENGTH REQUIRE-
20 MENTS.—Not later than October 1, 2024, the Secretary
21 of the Army and the Secretary of the Air Force shall each
22 submit to the Committee on Armed Services of the Senate
23 and the Committee on Armed Services of the House of
24 Representatives a briefing outlining the end strength re-
25 quirement going forward for Active Guard and Reserve
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1 forces of the National Guard impacted by subsection (c)
2 of section 328(b) of title 32, United States Code, as added
3 by subsection (a) of this section.
4 SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR
5 FIREGUARD PROGRAM.

7 Act for Fiscal Year 2022 (Public Law 117–81), is amend-
8 ed—
9 (1) by inserting ‘‘(a) IN GENERAL.—’’ before
10 ‘‘Until’’;
11 (2) by striking ‘‘September 30, 2026’’ and in-
12 serting ‘‘September 30, 2029’’;
13 (3) by striking ‘‘support’’ and inserting ‘‘carry
14 out’’;
15 (4) by striking ‘‘personnel of the California Na-
16 tional Guard’’ and inserting ‘‘National Guard per-
17 sonnel (including from the Colorado National Guard
18 and the California National Guard)’’; and
19 (5) by adding at the end the following:
20 ‘‘(b) TRANSFER.—Until the date specified in sub-
21 section (a), no component (including any analytical re-
22 sponsibility) of the FireGuard program may be transferred
23 from the Department of Defense to another entity. If the
24 Secretary seeks to make such a transfer, the Secretary
25 shall, at least three years before such transfer, provide to
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1 the appropriate congressional committees a written report
2 and briefing that detail—
3 ‘‘(1) plans of the Secretary for such transfer;
4 and
5 ‘‘(2) how such transfer will sustain and improve
6 detection and monitoring of wildfires.
7 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES
8 DEFINED.—In this section, the term ‘appropriate congres-
9 sional committees’ means the following:
10 ‘‘(1) The Committee on Armed Services of the
11 Senate.
12 ‘‘(2) The Committee on Armed Services of the
13 House of Representatives.
14 ‘‘(3) The Select Committee on Intelligence of
15 the Senate.
16 ‘‘(4) The Permanent Select Committee on Intel-
17 ligence of the House of Representatives.’’.
18 SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH
19 CHALLENGE PROGRAM.

21 Act for Fiscal Year 2022 (Public Law 117–81) is amend-
22 ed, in subsection (a), by striking ‘‘fiscal year 2022’’ and
23 inserting ‘‘fiscal years 2022 and 2023’’.
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1 SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN AC-
2 TIONS REGARDING UNITS OF CERTAIN RE-
3 SERVE COMPONENTS.
4 (a) NOTICE REQUIRED; ELEMENTS.—The Secretary

5 of a military department may not take any covered action
6 regarding a covered unit until the day that is 60 days after
7 the Secretary of a military department submits to Con-
8 gress notice of such covered action. Such notice shall in-
9 clude the following elements:
10 (1) An analysis of how the covered action would
11 improve readiness.
12 (2) A description of how the covered action
13 would align with the National Defense Strategy and
14 the supporting strategies of each military depart-
15 ments.
16 (3) A description of any proposed organiza-
17 tional change associated with the covered action and
18 how the covered action will affect the relationship of
19 administrative, operational, or tactical control re-
20 sponsibilities of the covered unit.
21 (4) The projected cost and any projected long-
22 term cost savings of the covered action.
23 (5) A detailed description of any requirements
24 for new infrastructure or relocation of equipment
25 and assets necessary for the covered action.
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1 (6) A description of how the covered activity
2 will affect the ability of the covered Armed Force to
3 accomplish its current mission.
4 (b) APPLICABILITY.—This section shall apply to any
5 step to perform covered action regarding a covered unit
6 on or after the date of the enactment of this Act.
8 (1) The term ‘‘covered action’’ means any of
9 the following:
10 (A) To deactivate.
11 (B) To reassign.
12 (C) To move the home station.
14 the following:
15 (A) The Army.
16 (B) The Navy.
17 (C) The Marine Corps.
18 (D) The Air Force.
19 (E) The Space Force.
20 (3) The term ‘‘covered unit’’ means a unit of a
21 reserve component of a covered Armed Force.
22 SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNI-
23 TION OF NATIONAL GUARD OFFICERS.
24 (a) INDEPENDENT STUDY.—
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3 of Defense shall seek to enter into a contract with
4 a federally funded research and development center
5 to conduct a study on the National Guard commis-
6 sioned officer and warrant officer promotion system
7 and provide recommendations to the Department of
8 Defense, the Department of the Air Force, the De-
9 partment of the Army, the National Guard Bureau,
10 and individual State National Guard commands.
11 (2) ELEMENTS.—The study referred to in para-
12 graph (1) shall include a comprehensive review and
13 assessment of the following:
14 (A) Reasons for delays in processing per-
15 sonnel actions for Federal recognition of State
16 National Guard member promotions.
17 (B) The Federal recognition process used
18 to extend Federal recognition to State pro-
19 motions.
20 (C) Best practices among the various State
21 National Guards for managing their require-
22 ments under the existing National Guard pro-
23 motion system.
24 (D) Possible improvements to require-
25 ments, policies, procedures, workflow, or re-
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1 sources to reduce the processing time for Fed-
2 eral recognition of state promotions.
3 (E) An assessment of the feasibility of de-
4 veloping or adopting a commercially available
5 solution for an integrated enterprise informa-
6 tion technology system for managing National
7 Guard officer and warrant officer promotions
8 that allows seamless transition for promotions
9 as they move through review at the National
10 Guard Bureau, the Department of the Army,
11 the Department of the Air Force, and the De-
13 (F) Possible metrics to evaluate effective-
14 ness of any recommendations made.
15 (G) Possible remedies for undue delays in
16 Federal recognition, including adjustment to
17 the effective date of promotion beyond current
18 statutory authorities.
19 (H) Any other matters the federally fund-
20 ed research and development center determines
21 relevant.
22 (3) REPORT.—
23 (A) IN GENERAL.—The contract under
24 paragraph (1) shall require the federally funded
25 research and development center that conducts
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400
1 the study under the contract to submit to the
2 Secretary of Defense, the Secretary of the
3 Army, the Secretary of the Air Force, and the
4 Chief of the National Guard Bureau a report
5 on the results of the study.
6 (B) SUBMISSION TO CONGRESS.—Upon re-
7 ceiving the report required under subparagraph
8 (A), the Secretary of Defense shall submit an
9 unedited copy of the report results to the con-
10 gressional defense committees within 30 days of
11 receiving the report from the federally funded
12 research and development corporation.
13 (b) REPORTING REQUIREMENT.—
15 after the date of the enactment of this Act, and an-
16 nually thereafter until the date specified in para-
17 graph (3), the Secretary of Defense, in consultation
18 with the Secretary of the Army and the Secretary of
19 the Air Force as appropriate, shall submit to the
20 Committee on Armed Services of the Senate and the
21 Committee on Armed Services of the House of Rep-
22 resentatives a report detailing the current status of
23 the Federal recognition process for National Guard
24 promotions.
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1 (2) ELEMENTS.—The report required under
2 paragraph (1) shall include the following elements:
3 (A) An update on efforts to transition to
4 fully digital processes in accordance with rec-
5 ommendations made pursuant to subsection (a).
6 (B) The average processing time for per-
7 sonnel actions related to Federal recognition of
8 reserve commissioned officer promotions in the
9 Army and Air National Guards, respectively, in-
10 cluding the time in days from the date at which
11 the National Guard Bureau received the pro-
12 motion until the date at which Federal recogni-
13 tion was granted.
14 (C) The average time it took during the
15 previous fiscal year to extend Federal recogni-
16 tion.
17 (D) The number of Army and Air National
18 Guard officers who experienced Federal recogni-
19 tion delays greater than 90 days in the previous
20 fiscal year.
21 (E) A summary of any additional resources
22 or authorities needed to further streamline the
23 Federal recognition processes to reduce average
24 Federal recognition processing time to 90 days
25 or fewer.
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1 (F) Any other information that the Secre-
2 taries concerned deem relevant.
3 (3) EXPIRATION OF ANNUAL REPORTING RE-
4 QUIREMENT.—The date referred to in paragraph (1)

5 is such time as the average processing time for per-
6 sonnel actions described under this subsection is re-
7 duced to 90 days or fewer for each of the Army and
8 Air National Guards.
9 SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEO-
10 GRAPHIC DISPERSION OF JUNIOR RESERVE
11 OFFICERS’ TRAINING CORPS.
12 (a) REPORT: REVIEW; UPDATE.—The Secretary of

13 Defense, in consultation with the Secretaries of the mili-
14 tary departments, shall review and update the 2017 report
15 from the RAND Corporation titled ‘‘Geographic and De-
16 mographic Representativeness of Junior Reserve Officer
17 Training Corps’’ (Library of Congress Control Number:
18 2017950423).
19 (b) ELEMENTS.—The report updated under sub-
21 (1) An assessment of whether there is adequate
22 representation in, and reasonable access to, units of
23 the Junior Reserve Officers’ Training Corps (herein-
24 after, ‘‘JROTC’’) for students in all regions of the
25 of the United States.
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1 (2) The estimated cost and time to increase the
2 number of units of JROTC to ensure adequate rep-
3 resentation and reasonable access described in para-
4 graph (1).
5 (3) Recommendations to increase adequate rep-
6 resentation and reasonable access described in para-
7 graph (1) in areas of the United States that the Sec-
8 retary of Defense determines lack such adequate
9 representation and reasonable access.
10 (c) SUBMISSION.—Not later than one year after the
13 Senate and the House of Representatives the report up-
14 dated under this section.
15 SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTER-
16 AGENCY TRAINING AND EDUCATION CENTER.
17 Not later than 120 days after the date of the enact-
18 ment of this Act, the Secretary of Defense, in consultation
19 with the Assistant Secretary of Defense for Homeland De-
20 fense and Global Security and the Chief of the National
21 Guard Bureau, shall submit to the Committees on Armed
22 Services of the Senate and House of Representatives a
23 briefing that includes—
24 (1) an organizational plan and an estimate of
25 the annual costs necessary for the Army Interagency
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1 Training and Education Center to carry out duties
2 assigned to it by the Chief of the National Guard
3 Bureau; and
4 (2) the staffing requirements needed to ade-
5 quately staff such duties.
6 Subtitle C—General Service
7 Authorities and Military Records
8 SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY
9 SPECIAL SELECTION REVIEW BOARDS.
10 Section 628a(a)(1) of title 10, United States Code,

11 is amended—
12 (1) by inserting ‘‘(A)’’ before ‘‘If the Secretary
13 concerned’’; and
15 paragraph:
16 ‘‘(B) Nothing in this section shall be construed to
17 prevent a Secretary concerned from deferring consider-
18 ation of adverse information concerning an officer subject
19 to this section until the next regularly scheduled pro-
20 motion board applicable to such officer, in lieu of fur-
21 nishing such adverse information to a special selection re-
22 view board under this section.’’.
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1 SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPT-
2 ANCE OF GIFTS BY MEMBERS OF THE ARMED
3 FORCES AND DEPARTMENT OF DEFENSE AND
4 COAST GUARD EMPLOYEES AND THEIR FAMI-
5 LIES.

7 amended—
9 (A) in paragraph (2), by striking ‘‘; or’’
10 and inserting a semicolon;
12 paragraph (4); and
13 (C) by inserting after paragraph (2) the
15 ‘‘(3) that results in enrollment in a Warriors in
16 Transition program, as defined in section 738(e) of
19 note); or’’; and
20 (2) in subsection (c), by striking ‘‘paragraph
21 (1), (2) or (3) of’’.
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1 SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF AC-
2 TIVE DUTY FOR A MEMBER WHO ACCEPTS A
3 FELLOWSHIP, SCHOLARSHIP, OR GRANT.
4 (a) LIMITATION.—Subsection (b) of section 2603 of

5 title 10, United States Code, is amended by striking ‘‘at
6 least’’.
7 (b) MODERNIZATION.—Subsection (a) of such section
8 is amended—
9 (1) in the matter preceding paragraph (1)—
10 (A) by striking ‘‘or his designee’’ and in-
11 serting ‘‘(or an individual designated by the
12 President)’’; and
13 (B) by striking ‘‘him’’ and inserting ‘‘the
14 member’’;
15 (2) in paragraph (1), by striking ‘‘his field’’ and
16 inserting ‘‘the field of the member’’;
17 (3) in paragraph (3), by striking ‘‘his recog-
18 nized potential for future career service’’ and insert-
19 ing ‘‘the recognized potential for future career serv-
20 ice of the member’’; and
21 (4) in the matter following paragraph (3)—
22 (A) by striking ‘‘his’’ both places it ap-
23 pears and inserting ‘‘the member’s’’; and
24 (B) by striking ‘‘him’’ and inserting ‘‘the
25 member’’.
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1 SEC. 524. EXPANSION OF MANDATORY CHARACTERIZA-
2 TIONS OF ADMINISTRATIVE DISCHARGES OF
3 CERTAIN MEMBERS ON THE BASIS OF FAIL-
4 URE TO RECEIVE COVID-19 VACCINE.

8 (1) in the matter preceding paragraph (1), by
9 striking ‘‘During the period of time beginning on
10 August 24, 2021, and ending on the date that is two
11 years after the date of the enactment of this Act,
12 any’’ and inserting ‘‘Any’’;
13 (2) in paragraph (1) by striking ‘‘; or’’ and in-
14 serting a semicolon;
15 (3) in paragraph (2), by striking the period and
16 inserting ‘‘; or’’; and
18 paragraph:
19 ‘‘(3) in the case of a covered member receiving
20 an administrative discharge before completing the
21 first 180 continuous days of active duty,
22 uncharacterized.’’.
23 SEC. 525. RESCISSION OF COVID-19 VACCINATION MAN-
24 DATE.

26 ment of this Act, the Secretary of Defense shall rescind
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1 the mandate that members of the Armed Forces be vac-
2 cinated against COVID-19 pursuant to the memorandum
3 dated August 24, 2021, regarding ‘‘Mandatory
4 Coronavirus Disease 2019 Vaccination of Department of
5 Defense Service Members’’.
6 SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH
7 GRADE RESTRICTIONS FOR THE SPACE
8 FORCE.
9 Section 517 and section 523 (as amended by section

10 501 of this Act) of title 10, United States Code, shall not
11 apply to the Space Force until January 1, 2024.
12 SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE
13 DEATH OF A MEMBER OF THE ARMED
14 FORCES: STUDY; UPDATE; TRAINING; RE-
15 PORT.

18 shall conduct a study on the notification processes of the
19 next of kin upon the death of a member of the Armed
20 Forces. In conducting the study, the Secretary shall iden-
21 tify the following elements:
22 (1) The time it takes for such notification to
23 occur after such death, recovery of remains, and
24 identification of remains. Such time shall be deter-
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1 mined through an analysis of data regarding cases
2 involving such notifications.
3 (2) The effect of media (including social media)
4 and other forms of communication on such proc-
5 esses.
6 (3) Means by which the Secretary may improve
7 such processes to reduce the time described in para-
8 graph (1).
9 (4) Any legislative recommendations of the Sec-
10 retary to improve such processes to reduce the time
12 (b) UPDATE.—Upon completion of the study under
13 subsection (a), the Secretary shall review and update
14 training and education materials regarding such proc-
15 esses, implementing means described in subsection (a)(3).
16 (c) OPERATIONAL TRAINING.—The Secretary of the
17 military department concerned shall include a training ex-
18 ercise, using materials updated (including lessons learned)
19 under subsection (b), regarding a death described in this
20 section in each major exercise conducted by such Secretary
21 or the Secretary of Defense.
22 (d) REPORT.—Not later one year after the date of
23 the enactment of this Act, the Secretary of Defense shall
24 submit to the Committees on Armed Services of the Sen-
25 ate and House of Representatives a report containing—
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1 (1) the results of the study;
2 (2) a description of the update under subsection
3 (b); and
4 (3) lessons learned, as described in subsection
5 (c).
6 SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READI-
7 NESS STANDARDS FOR MILITARY OCCUPA-
8 TIONAL SPECIALTIES OF THE ARMY.
10 ment of this Act, the Secretary of the Army shall—
11 (1) establish gender-neutral physical readiness
12 standards that ensure soldiers can perform the du-
13 ties of their respective military occupational special-
14 ties; and
15 (2) provide to the Committees on Armed Serv-
16 ices of the Senate and House of Representatives a
17 briefing describing the methodology used to deter-
18 mine the standards established under paragraph (1).
19 SEC. 529. RECURRING REPORT REGARDING COVID-19 MAN-
20 DATE.
21 (a) REPORT REQUIRED.—The Secretary of Defense

23 Senate and House of Representatives a recurring report
24 regarding the requirement that a member of the Armed
25 Forces shall receive a vaccination against COVID-19.
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1 Each such report may not contain any personally identifi-
2 able information, and shall contain the following:
3 (1) With regard to religious exemptions to such
4 requirement—
5 (A) the number of such exemptions for
6 which members applied;
7 (B) the number of such religious exemp-
8 tions denied;
9 (C) the reasons for such denials;
10 (D) the number of members denied such a
11 religious exemption who complied with the re-
12 quirement; and
13 (E) the number of members denied such a
14 religious exemption who did not comply with
15 the requirement who were separated, and with
16 what characterization.
17 (2) With regard to medical exemptions to such
18 requirement—
19 (A) the number of such medical exemp-
20 tions for which members applied;
21 (B) the number of such medical exemp-
22 tions denied;
23 (C) the reasons for such denials;
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1 (D) the number of members denied such a
2 medical exemption who complied with the re-
3 quirement; and
4 (E) the number of members denied such a
5 medical exemption who did not comply with the
6 requirement who were separated, and with what
7 characterization.
8 (b) FREQUENCY; TERMINATION.—The Secretary
9 shall submit the first such report not later than 90 days
10 after the date of the enactment of this Act and every 90
11 days thereafter until the first of the following to occur:
12 (1) The Secretary of Defense lifts such require-
13 ment.
14 (2) The day that is two years after the date of
16 SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOL-
17 UNTARILY SEPARATED FROM THE ARMED
18 FORCES DUE TO PREGNANCY OR PARENT-
19 HOOD.
20 (a) FINDINGS.—Congress finds the following:

21 (1) In June 1948, Congress enacted the Wom-
22 en’s Armed Services Integration Act of 1948, which
23 formally authorized the appointment and enlistment
24 of women in the regular components of the Armed
25 Forces.
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1 (2) With the expansion of the Armed Forces to
2 include women, the possibility arose for the first
3 time that members of the regular components of the
4 Armed Forces could become pregnant.
5 (3) The response to such possibilities and actu-
6 alities was Executive Order 10240, signed by Presi-
7 dent Harry S. Truman in 1951, which granted the
8 Armed Forces the authority to involuntarily separate
9 or discharge a woman if she became pregnant, gave
10 birth to a child, or became a parent by adoption or
11 a stepparent.
12 (4) The Armed Forces responded to the Execu-
13 tive order by systematically discharging any woman
14 in the Armed Forces who became pregnant.
15 (5) The Armed Forces were required to offer
16 women who were involuntarily separated or dis-
17 charged due to pregnancy the opportunity to request
18 retention in the military.
19 (6) The Armed Forces may not have provided
20 required separation benefits, counseling, or assist-
21 ance to the members of the Armed Forces who were
22 separated or discharged due to pregnancy.
23 (7) Thousands of members of the Armed
24 Forces were involuntarily separated or discharged
25 from the Armed Forces as a result of pregnancy.
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1 (8) Such involuntary separation or discharge
2 from the Armed Forces on the basis of pregnancy
3 was challenged in Federal district court by Steph-
4 anie Crawford in 1975, whose legal argument stated
5 that this practice violated her constitutional right to
6 due process of law.
7 (9) The Court of Appeals for the Second Cir-
8 cuit ruled in Stephanie Crawford’s favor in 1976
9 and found that Executive Order 10240 and any reg-
10 ulations relating to the Armed Forces that made
11 separation or discharge mandatory due to pregnancy
12 were unconstitutional.
13 (10) By 1976, all regulations that permitted in-
14 voluntary separation or discharge of a member of
15 the Armed Forces because of pregnancy or any form
16 of parenthood were rescinded.
17 (11) Today, women comprise 17 percent of the
18 Armed Forces, and many are parents, including 12
19 percent of whom are single parents.
20 (12) While military parents face many hard-
21 ships, today’s Armed Forces provide various lengths
22 of paid family leave for mothers and fathers, for
23 both birth and adoption of children.
24 (b) SENSE OF CONGRESS.—It is the sense of Con-
25 gress that women who served in the Armed Forces before
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1 February 23, 1976, should not have been involuntarily
2 separated or discharged due to pregnancy or parenthood.
3 Subtitle D—Recruitment and
4 Retention
5 SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE IN-
6 FORMATION REGARDING PROSPECTIVE RE-
7 CRUITS.
8 (a) TREATMENT OF PERSONALLY IDENTIFIABLE IN-

9 FORMATION.—Section 503(a) of title 10, United States
10 Code, is amended adding at the end the following new
11 paragraphs:
12 ‘‘(3) PII regarding a prospective recruit col-
13 lected or compiled under this subsection shall be
14 kept confidential, and a person who has had access
15 to such PII may not disclose the information except
16 for purposes of this section or other purpose author-
17 ized by law.
18 ‘‘(4) In the course of conducting a recruiting
19 campaign, the Secretary concerned shall—
20 ‘‘(A) notify a prospective recruit of data
21 collection policies of the armed force concerned;
22 and
23 ‘‘(B) permit the prospective recruit to elect
24 not to participate in such data collection.
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1 ‘‘(5) In this subsection, the term ‘PII’ means
2 personally identifiable information.’’.
3 (b) PILOT PROGRAM ON RECRUITING.—
4 (1) AUTHORITY.—The Secretary of Defense
5 may conduct a pilot program (such a program shall
6 be referred to as a ‘‘Military Recruiting Moderniza-
7 tion Program’’) to evaluate the feasibility and effec-
8 tiveness of collecting and using PRI with modern
9 technologies to allow the Secretary to more effec-
10 tively and efficiently use recruiting resources.
11 (2) TREATMENT OF PROSPECTIVE RECRUIT IN-
12 FORMATION.—PRI collected under a pilot program

13 under this subsection—
14 (A) may be used by the Armed Forces and
15 entities into which the Secretary has entered
16 into an agreement regarding military recruit-
17 ment only for purposes of military recruitment;
18 (B) shall be kept confidential.
19 (C) may not be maintained more than
20 three years after collection; and
21 (3) OPT-OUT.—A pilot program under this sub-
22 section may allow a prospective recruit to opt-out of
23 the collection of PRI regarding such prospective re-
24 cruit.
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1 (4) TERMINATION.—Any such pilot program
2 shall terminate three years after implementation.
3 (5) INTERIM BRIEFING.—Not later than 90
4 days after the implementing a pilot program under
5 this subsection, the Secretary shall provide to the
6 Committees on Armed Services of the Senate and
7 the House of Representatives a briefing on the pilot
8 program. Such briefing shall include the following:
9 (A) The definition, prescribed by the Sec-
10 retary, of PRI.
11 (B) How the Secretary intends to handle
12 privacy concerns related to the collection of
13 PRI.
14 (C) Legal concerns over the collection, use,
15 and maintenance of PRI.
16 (6) FINAL REPORT.—Not later than 120 days
17 after the completion of a pilot program under this
18 subsection, the Under Secretary of Defense for Per-
19 sonnel and Readiness shall submit to the Commit-
20 tees on Armed Services of the Senate and the House
21 of Representatives a report on the pilot program.
22 Such report shall include the following:
23 (A) A summary of whether and how the
24 pilot program modernized recruiting efforts.
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1 (B) A description of any efficiencies identi-
2 fied under the pilot program.
3 (C) Any violations of privacy laws arising
4 from the pilot program.
5 (D) Legislative recommendations of the
6 Under Secretary arising from this pilot pro-
7 gram.
8 (7) DEFINITIONS.—In this section:
9 (A) The term ‘‘PRI’’ means information,
10 prescribed by the Secretary of Defense, regard-
11 ing a prospective recruit.
12 (B) The term ‘‘prospective recruit’’ means
13 an individual who is eligible to join the Armed
14 Forces and is—
15 (i) 17 years of age or older; or
16 (ii) in the eleventh grade (or its equiv-
17 alent) or higher.
18 SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AU-
19 THORITY FOR TARGETED RECRUITMENT IN-
20 CENTIVES.
21 Section 522(h) of the National Defense Authorization

23 503 note) is—
24 (1) is revived to read as it did immediately be-
25 fore its expiration on December 31, 2020; and
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1 (2) is amended—
2 (A) by striking the semicolon and inserting
3 a comma; and
4 (B) by striking ‘‘2020’’ and inserting
5 ‘‘2025’’.
6 SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN
7 ARMED FORCES.

9 after the date of the enactment of this act, the Secretary
10 of Defense, in coordination with the Secretaries of the
11 military departments, shall submit to the Committees on
13 tives a report on recruiting efforts of the covered Armed
14 Forces.
15 (b) ELEMENTS.—The report shall contain, with re-
16 gards to the covered Armed Forces during fiscal years
17 2018 through 2022, the following elements:
18 (1) A comparison of—
19 (A) the number of active duty enlistments
20 from each geographic region;
21 (B) the number of recruiters stationed in
22 each geographic region; and
23 (C) advertising dollars spent in each geo-
24 graphic region, including annual numbers and
25 averages.
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1 (2) A comparison of the number of active duty
2 enlistments produced by each recruiting battalion,
3 recruiting district, or recruiting region, the number
4 of recruiters stationed in each battalion, and adver-
5 tising dollars spent in support of each battalion, in-
6 cluding annual numbers and averages.
7 (3) An analysis of the geographic dispersion of
8 enlistments by military occupational specialty.
9 (4) An analysis of the amount of Federal funds
10 spent on advertising per active duty enlistment by
11 recruiting battalion, recruiting district, or recruiting
12 region, and a ranked list of those battalions from
13 most efficient to least efficient.
14 (5) A comparison of the race, religion, sex, edu-
15 cation levels, military occupational specialties, and
16 waivers for enlistment granted to enlistees by geo-
17 graphic region and recruiting battalion, recruiting
18 district, or recruiting region of responsibility.
19 (6) An assessment of obstacles that recruiters
20 face in the field, including access to schools and ad-
21 ministrative support.
22 (7) Efforts the Secretary of the military depart-
23 ment concerned is taking to mitigate obstacles de-
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1 (1) The term ‘‘covered Armed Force’’ means an
2 Armed Force under the jurisdiction of the Secretary
3 of a military department.
4 (2) The term ‘‘geographic region’’ means a re-
5 gion used for the 2020 decennial census.
6 SEC. 534. REVIEW OF MARKETING AND RECRUITING OF
7 THE DEPARTMENT OF DEFENSE.
8 (a) IN GENERAL.—Not later that September 30,

9 2023, the Comptroller General of the United States, in
10 consultation with experts determined by the Secretary of
11 Defense, shall evaluate the marketing and recruiting ef-
12 forts of the Department of Defense to determine how to
13 use social media and other technology platforms to convey
14 to young people the opportunities and benefits of service
15 in the covered Armed Forces.
16 (b) COVERED ARMED FORCE DEFINED.—In this sec-
17 tion, the term ‘‘covered Armed Force’’ means the fol-
18 lowing:
19 (1) The Army.
20 (2) The Navy.
21 (3) The Marine Corps.
22 (4) The Air Force.
23 (5) The Space Force.
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1 SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUIT-
2 MENT ADVERTISING TO RACIAL AND ETHNIC
3 MINORITY COMMUNITIES.
4 Not later than June 1, 2023, the Secretary of De-

5 fense shall submit to the congressional defense committees
6 a report on the efforts of the Department of Defense to
7 increase marketing and advertising to adequately reach
8 racial and ethnic minority communities.
9 SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUIT-
10 MENT PRACTICES IN PUBLIC SECONDARY
11 SCHOOLS.
13 ment of this Act, the Secretary of Defense shall submit
14 to the Committees on Armed Services of the Senate and
15 House of Representatives a report on military recruitment
16 practices in public secondary schools during calendar
17 years 2018 through 2022, including—
18 (1) the zip codes of public secondary schools
19 visited by military recruiters; and
20 (2) the number of recruits from public sec-
21 ondary schools by zip code and local education agen-
22 cy.
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1 SEC. 537. BEST PRACTICES FOR THE RETENTION OF CER-
2 TAIN FEMALE MEMBERS OF THE ARMED
3 FORCES.
4 The Secretaries of the military departments shall

5 share and implement best practices regarding the use of
6 retention and exit survey data to identify barriers and les-
7 sons learned to improve the retention of female members
8 of the Armed Forces under the jurisdiction of such Secre-
9 taries.
10 SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF
11 SPECIAL OPERATIONS FORCES.
12 (a) REVIEW REQUIRED.—The Secretary of Defense

13 shall direct the covered officials to review (and, if a cov-
14 ered official determines it necessary, update guidance and
15 processes) matters described in section 167(e)(2)(J) of
16 title 10, United States Code. The covered officials shall
17 complete such review (and update) not later than 180 days
18 after the date of the enactment of this Act.
19 (b) ELEMENTS OF REVIEW.—The review and updates
20 under subsection (a) shall address the respective roles of
21 the military departments and the United States Special
22 Operations Command with respect to the following:
23 (1) Coordination between special operations
24 command and the military departments regarding
25 recruiting and retention to ensure that personnel re-
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1 quirements of special operations forces and the mili-
2 tary departments are met appropriately.
3 (2) Opportunities for members of special oper-
4 ations forces to enroll in professional military edu-
5 cation.
6 (3) Promotion opportunities for members of
7 special operations forces and an assessment of
8 whether such opportunities are adequate to fulfill
9 staffing requirements of special operations forces.
10 (4) Data sharing between the military depart-
11 ments and special operations command with respect
12 to special operations forces personnel.
13 (5) Any other matter the Secretary of Defense
15 (c) REPORT REQUIRED.—Not later than 90 days
16 after completing the review (and any updates) under sub-
17 section (a), the Secretary of Defense shall submit to the
18 Committees on Armed Services of the Senate and House
19 of Representatives a report on such review and any result-
20 ing updates to guidance and processes. The report shall
21 also include any recommendations of the Secretary regard-
22 ing matters described in subsection (a) or (b).
24 (1) The term ‘‘covered officials’’ means—
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1 (A) the Secretaries of the military depart-
2 ments;
3 (B) the Assistant Secretary of Defense for
4 Special Operations and Low Intensity Conflict;
5 and
6 (C) the Commander of special operations
7 command.
8 (2) The term ‘‘special operations command’’
9 has the meaning given that term in section 167(a)
11 (3) The term ‘‘special operations forces’’ means
12 the forces described in section 167(j) of title 10,
14 SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES
15 REGARDING REMOTELY PILOTED AIRCRAFT:
16 STUDY; REPORT.
17 (a) STUDY.—The Secretary of Defense shall conduct

18 a study to identify opportunities to provide more support
19 services to, and greater recognition of combat accomplish-
20 ments of, RPA crew. Such study shall identify the fol-
21 lowing with respect to each covered Armed Force:
22 (1) Safety policies applicable to crew of tradi-
23 tional aircraft that apply to RPA crew.
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1 (2) Personnel policies, including crew staffing
2 and training practices, applicable to crew of tradi-
3 tional aircraft that apply to RPA crew.
4 (3) Metrics the Secretaries of the military de-
5 partments use to evaluate the health of RPA crew.
6 (4) Incentive pay, retention bonuses, promotion
7 rates, and career advancement opportunities for
8 RPA crew.
9 (5) Combat zone compensation available to
10 RPA crew.
11 (6) Decorations and awards for combat avail-
12 able to RPA crew.
13 (7) Mental health care available to crew of tra-
14 ditional aircraft and RPA crew who conduct combat
15 operations.
16 (8) Whether RPA crew receive post-separation
17 health (including mental health) care equivalent to
18 crew of traditional aircraft.
19 (9) An explanation of any difference under
20 paragraph (8).
21 (b) REPORT.—Not later than one year after the date
24 Senate and House of Representatives a report containing
25 the following:
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1 (1) The results of the study conducted under
2 this section.
3 (2) Any policy recommendations of the Sec-
4 retary regarding such results.
5 (3) Progress made by the Secretary of the Air
6 Force in implementing the recommendations of the
7 Comptroller General of the United States in the fol-
8 lowing reports:
9 (A) GAO-19-155, titled ‘‘Unmanned Aerial
10 Systems: Air Force Pilot Promotion Rates Have
11 Increased but Oversight Process of Some Posi-
12 tions Could Be Enhanced’’.
13 (B) GAO-20-320, titled ‘‘Unmanned Aerial
14 Systems: Air Force Should Take Additional
15 Steps to Improve Aircrew Staffing and Sup-
16 port’’.
21 (2) The term ‘‘RPA crew’’ means members of
22 covered Armed Forces who perform duties relating
23 to remotely piloted aircraft.
24 (3) The term ‘‘traditional aircraft’’ means fixed
25 or rotary wing aircraft operated by an onboard pilot.
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1 SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS
2 OF THE ARMY WHO SPECIALIZE IN AIR AND
3 MISSILE DEFENSE SYSTEMS.
4 (a) STUDY.—The Comptroller General of the United

5 States shall study efforts to retain and recruit members
6 with military occupational specialties regarding air and
7 missile defense systems of the Army.
8 (b) INTERIM BRIEFING.—Not later than 180 days
9 after the date of the enactment of this Act, the Comp-
10 troller General shall submit to the Committees on Armed
12 briefing on the status of the study.
13 (c) FINAL REPORT.—Not later than 18 months after
14 the date of the enactment of this Act, the Comptroller
15 General shall submit to the Committees on Armed Serv-
16 ices of the Senate and House of Representatives a report
17 that identifies steps the Secretary of the Army may take
18 to improve such retention and recruitment.
19 Subtitle E—Military Justice and
20 Other Legal Matters
21 SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL
22 COUNSEL.
23 (a) DEFINITION OF COVERED OFFENSE.—

24 (1) IN GENERAL.—Section 801(17)(A) of title
25 10, United States Code (article 1(17)(A) of the Uni-
26 form Code of Military Justice), as added by section
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1 533 of the National Defense Authorization Act for
2 Fiscal Year 2022 (Public Law 117–81; 135 Stat.
3 1695), is amended by striking ‘‘section 920 (article
4 120)’’ and inserting ‘‘section 919a (article 119a),
5 section 920 (article 120), section 920a (article
6 120a)’’.
7 (2) EFFECTIVE DATE.—The amendments made
8 by paragraph (1) shall take effect immediately after
9 the coming into effect of the amendments made by
10 section 533 of the National Defense Authorization
12 Stat. 1695) as provided in section 539C of that Act
13 (10 U.S.C. 801 note) and shall apply with respect
14 to offenses that occur after that date.
15 (b) INCLUSION OF SEXUAL HARASSMENT AS COV-
16 ERED OFFENSE.—
17 (1) IN GENERAL.—Section 801(17)(A) of title
18 10, United States Code (article 1(17)(A) of the Uni-
19 form Code of Military Justice), as added by section
22 1695) and amended by subsection (a) of this section,
23 is further amended—
24 (A) by striking ‘‘or’’; and
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1 (B) by striking ‘‘of this title’’ and inserting
2 ‘‘, or the standalone offense of sexual harass-
3 ment punishable under section 934 (article 134)
4 of this title in each instance in which a formal
5 complaint is made and such formal complaint is
6 substantiated in accordance with regulations
7 prescribed by the Secretary concerned’’.
8 (2) EFFECTIVE DATE.—The amendments made
9 by paragraph (1) shall take effect on January 1,
10 2025, and shall apply with respect to offenses that
11 occur after that date.
12 (c) RESIDUAL PROSECUTORIAL DUTIES AND OTHER
13 JUDICIAL FUNCTIONS OF CONVENING AUTHORITIES IN
14 COVERED CASES.—The President shall prescribe regula-

15 tions to ensure that residual prosecutorial duties and other
16 judicial functions of convening authorities, including
17 granting immunity, ordering depositions, and hiring ex-
18 perts, with respect to charges and specifications over
19 which a special trial counsel exercises authority pursuant
20 to section 824a of title 10, United States Code (article
21 24a of the Uniform Code of Military Justice) (as added
22 by section 531 of the National Defense Authorization Act
24 1692)), are transferred to the military judge, the special
25 trial counsel, or other authority as appropriate in such
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1 cases by no later than the effective date established in sec-
2 tion 539C of the National Defense Authorization Act for
4 note), in consideration of due process for all parties in-
5 volved in such a case.
6 (d) AMENDMENT TO THE RULES FOR COURTS-MAR-
7 TIAL.—The President shall prescribe in regulation such
8 modifications to Rule 813 of the Rules for Courts-Martial
9 and other Rules as appropriate to ensure that at the be-
10 ginning of each court-martial convened, the presentation
11 of orders does not in open court specify the name, rank,
12 or position of the convening authority convening such
13 court, unless such convening authority is the Secretary
14 concerned, the Secretary of Defense, or the President.
15 (e) BRIEFING REQUIRED.—Not later than 180 days
17 of Defense shall provide to the Committees on Armed
19 a briefing on the progress of the Department of Defense
20 in implementing this section, including an identification
21 of—
22 (1) the duties to be transferred under sub-
23 section (c);
24 (2) the positions to which those duties will be
25 transferred; and
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1 (3) any provisions of law or Rules for Courts
2 Martial that must be amended or modified to fully
3 complete the transfer.
4 (f) ADDITIONAL REPORTING RELATING TO IMPLE-
5 MENTATION OF SUBTITLE D OF TITLE V OF THE NA-
6 TIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL
7 YEAR 2022.—Not later than February 1, 2025, and annu-
8 ally thereafter for five years, the Secretary of Defense
10 Senate and the House of Representatives a report assess-
11 ing the holistic effect of the reforms contained in subtitle
12 D of title V of the National Defense Authorization Act
13 for Fiscal Year 2022 (Public Law 117–81) on the military
14 justice system. The report shall include the following ele-
15 ments:
16 (1) An overall assessment of the effect such re-
17 forms have had on the military justice system and
18 the maintenance of good order and discipline in the
19 ranks.
20 (2) The percentage of caseload and courts-mar-
21 tial assessed as meeting, or having been assessed as
22 potentially meeting, the definition of ‘‘covered of-
23 fense’’ under section 801(17) of title 10, United
24 States Code (article 1(17) of the Uniform Code of
25 Military Justice) (as added by section 533 of the
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2 2022 (Public Law 117–81; 135 17 Stat. 1695)),
3 disaggregated by offense and military service where
4 possible.
5 (3) An assessment of prevalence and data con-
6 cerning disposition of cases by commanders after
7 declination of prosecution by special trial counsel,
8 disaggregated by offense and military service when
9 possible.
10 (4) Assessment of the effect, if any, the reforms
11 contained in such subtitle have had on non-judicial
12 punishment concerning covered and non-covered of-
13 fenses.
14 (5) A description of the resources and personnel
15 required to maintain and execute the reforms made
16 by such subtitle during the reporting period relative
17 to fiscal year 2022.
18 (6) A description of any other factors or mat-
19 ters considered by the Secretary to be important to
20 a holistic assessment of those reforms on the mili-
21 tary justice system.
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1 SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPE-
2 CIAL TRIAL COUNSEL.
3 (a) TECHNICAL CORRECTIONS.—Section 824a(c)(3)

4 of title 10, United States Code (article 24a(c)(3) of the
5 Uniform Code of Military Justice), is amended—
6 (1) by striking ‘‘Subject to paragraph (4)’’ and
7 inserting ‘‘Subject to paragraph (5)’’; and
8 (2) in subparagraph (D), by striking ‘‘an or-
9 dered rehearing’’ and inserting ‘‘an authorized re-
10 hearing’’.
11 (b) EFFECTIVE DATE.—The amendments made by
12 subsection (a) shall take effect immediately after the com-
13 ing into effect of the amendments made by section 531
14 of the National Defense Authorization Act for Fiscal Year
15 2022 (Public Law 117–81; 135 Stat. 1692) as provided
16 in section 539C of that Act (10 U.S.C. 801 note).
17 SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.
18 (a) IN GENERAL.—Section 825(e) of title 10, United

19 States Code (article 25(e) of the Uniform Code of Military
20 Justice), is amended by adding at the end the following
21 new paragraph:
22 ‘‘(4) When convening a court-martial, the convening
23 authority shall detail as members thereof members of the
24 armed forces under such regulations as the President may
25 prescribe for the randomized selection of qualified per-
26 sonnel, to the maximum extent practicable.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by
2 subsection (a) shall take effect on the date that is two
3 years after the date of the enactment of this Act and shall
4 apply with respect to courts-martial convened on or after
5 that effective date.
6 (c) REGULATIONS.—Not later than the effective date
7 specified in subsection (b), the President shall prescribe
8 regulations implementing the requirement under para-
9 graph (4) of section 825(e) of title 10, United States Code
10 (article 25(e) of the Uniform Code of Military Justice),
11 as added by subsection (a) of this section.
12 SEC. 544. JURISDICTION OF COURTS OF CRIMINAL AP-
13 PEALS.
14 (a) WAIVER OF RIGHT TO APPEAL; WITHDRAWAL OF
15 APPEAL.—Section 861(d) of title 10, United States Code

16 (article 61(d) of the Uniform Code of Military Justice),
17 is amended by striking ‘‘A waiver’’ and inserting ‘‘Except
18 as provided by section 869(c)(2) of this title (article
19 69(c)(2)), a waiver’’.
20 (b) JURISDICTION.—Section 866 of title 10, United
21 States Code (article 66 of the Uniform Code of Military
22 Justice), is amended—
23 (1) in subsection (b)(1), by striking ‘‘shall have
24 jurisdiction over’’ and all that follows through the
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1 period at the end of subparagraph (D) and inserting
2 the following: ‘‘shall have jurisdiction over—
3 ‘‘(A) a timely appeal from the judgment of a
4 court-martial, entered into the record under section
5 860c(a) of this title (article 60c(a)), that includes a
6 finding of guilty; and
7 ‘‘(B) a summary court-martial case in which
8 the accused filed an application for review with the
9 Court under section 869(d)(1) of this title (article
10 69(d)(1)) and for which the application has been
11 granted by the Court.’’; and
12 (2) in subsection (c), by striking ‘‘is timely if’’
13 and all that follows through the period at the end
14 of paragraph (2) and inserting the following: ‘‘is
15 timely if—
16 ‘‘(1) in the case of an appeal under subpara-
17 graph (A) of such subsection, it is filed before the
18 later of—
19 ‘‘(A) the end of the 90-day period begin-
20 ning on the date the accused is provided notice
21 of appellate rights under section 865(c) of this
22 title (article 65(c)); or
23 ‘‘(B) the date set by the Court of Criminal
24 Appeals by rule or order; and
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1 ‘‘(2) in the case of an appeal under subpara-
2 graph (B) of such subsection, an application for re-
3 view with the Court is filed not later than the earlier
4 of the dates established under section 869(d)(2)(B)
5 of this title (article 69(d)(2)(B)).’’.
6 (c) REVIEW BY JUDGE ADVOCATE GENERAL.—Sec-
7 tion 869 of title 10, United States Code (article 69 of the
8 Uniform Code of Military Justice), is amended—
9 (1) by amending subsection (a) to read as fol-
10 lows:
11 ‘‘(a) IN GENERAL.—Upon application by the accused
12 or receipt of the record pursuant to section 864(c)(3) of
13 this title (article 64(c)(3)) and subject to subsections (b),
14 (c), and (d), the Judge Advocate General may—
15 ‘‘(1) with respect to a summary court-martial,
16 modify or set aside, in whole or in part, the findings
17 and sentence; or
18 ‘‘(2) with respect to a general or special court-
19 martial, order such court-martial to be reviewed
20 under section 866 of this title (article 66).’’; and
22 (A) by inserting ‘‘(1)’’ before ‘‘To qualify’’;
23 and
24 (B) by striking ‘‘not later than one year
25 after’’ and all that follows through the period at
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1 the end and inserting the following: ‘‘not later
2 than—
3 ‘‘(A) for a summary court-martial, one year
4 after the date of completion of review under section
5 864 of this title (article 64); or
6 ‘‘(B) for a general or special court-martial, one
7 year after the end of the 90-day period beginning on
8 the date the accused is provided notice of appellate
9 rights under section 865(c) of this title (article
10 65(c)), unless the accused submitted a waiver or
11 withdrawal of appellate review under section 861 of
12 this title (article 61) before being provided notice of
13 appellate rights, in which case the application must
14 be submitted to the Judge Advocate General not
15 later than one year after the entry of judgment
16 under section 860c of this title (article 60c).
17 ‘‘(2) The Judge Advocate General may, for good
18 cause shown, extend the period for submission of an appli-
19 cation, except that—
20 ‘‘(A) in the case of an application for review of
21 a summary court martial, the Judge Advocate may
22 not consider an application submitted more than
23 three years after the completion date referred to in
24 paragraph (1)(A); and
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1 ‘‘(B) in case of an application for review of a
2 general or special court-martial, the Judge Advocate
3 may not consider an application submitted more
4 than three years after the end of the applicable pe-
5 riod under paragraph (1)(B).’’;
7 (A) in paragraph (1)(A), by striking ‘‘sec-
8 tion 864 or 865(b) of this title (article 64 or
9 65(b))’’ and inserting ‘‘section 864 of this title
10 (article 64)’’; and
11 (B) in paragraph (2), by striking ‘‘the
12 Judge Advocate General shall order appropriate
13 corrective action under rules prescribed by the
14 President’’ and inserting ‘‘the Judge Advocate
15 General shall send the case to the Court of
16 Criminal Appeals’’; and
17 (4) in subsection (d)—
18 (A) in paragraph (1), by striking ‘‘under
19 subsection (c)—’’ and all that follows through
20 ‘‘(B) in a case submitted’’ and inserting ‘‘under
21 subsection (c)(1) in a case submitted’’; and
22 (B) in paragraph (2), in the matter pre-
23 ceding subparagraph (A), by striking ‘‘para-
24 graph (1)(B)’’ and inserting ‘‘paragraph (1)’’.
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1 (d) APPLICABILITY.—The amendments made by this
2 section shall not apply to—
3 (1) any matter that was submitted before the
4 date of the enactment of this Act to a Court of
5 Criminal Appeals established under section 866 of
6 title 10, United States Code (article 66 of the Uni-
7 form Code of Military Justice); or
8 (2) any matter that was submitted before the
9 date of the enactment of this Act to a Judge Advo-
10 cate General under section 869 of such title (article
11 69 of the Uniform Code of Military Justice).
12 SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT
13 OF THE AIR FORCE.
14 (a) IN GENERAL.—Section 1044f of title 10, United

16 (1) in subsection (a), in the matter preceding
17 paragraph (1), by striking ‘‘The policies shall’’ and
18 inserting ‘‘Subject to subsection (c), the policies
19 shall’’;
20 (2) by redesignating subsection (c) as sub-
21 section (d); and
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1 ‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF
2 THE AIR FORCE.—In establishing policies under sub-

3 section (a), the Secretary of Defense shall—
4 ‘‘(1) in lieu of providing for separate offices for
5 the Air Force and Space Force under subsection
6 (a)(1), provide for the establishment of a single dedi-
7 cated office from which office the activities of the
8 special trial counsel of the Department of the Air
9 Force shall be supervised and overseen; and
10 ‘‘(2) in lieu of providing for separate lead spe-
11 cial trial counsels for the Air Force and Space Force
12 under subsection (a)(2), provide for the appointment
13 of one lead special trial counsel who shall be respon-
14 sible for the overall supervision and oversight of the
15 activities of the special trial counsel of the Depart-
16 ment of the Air Force.’’.
17 (b) EFFECTIVE DATE.—The amendments made sub-
18 section (a) shall take effect immediately after the coming
19 into effect of the amendments made by section 532 of the
21 (Public Law 117–81; 135 Stat. 1694) as provided in sec-
22 tion 539C of that Act (10 U.S.C. 801 note).
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1 SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HAR-
2 ASSMENT.
3 (a) DEFINITIONS.—Subsection (e) of section 1561 of

4 title 10, United States Code, as amended by section 543
6 2022 (Public Law 117–81; 135 Stat. 1709), is amended
7 to read as follows:
9 ‘‘(1) The term ‘independent investigator’ means
10 a civilian employee of the Department of Defense or
11 a member of the Army, Navy, Marine Corps, Air
12 Force, or Space Force who—
13 ‘‘(A) is outside the immediate chain of
14 command of the complainant and the subject of
15 the investigation; and
16 ‘‘(B) is trained in the investigation of sex-
17 ual harassment, as determined by—
18 ‘‘(i) the Secretary of Defense, in the
19 case of a civilian employee of the Depart-
20 ment of Defense;
21 ‘‘(ii) the Secretary of the Army, in the
22 case of a member of the Army;
23 ‘‘(iii) the Secretary of the Navy, in
24 the case of a member of the Navy or Ma-
25 rine Corps; or
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1 ‘‘(iv) the Secretary of the Air Force,
2 in the case of a member of the Air Force
3 or Space Force.
4 ‘‘(2) The term ‘sexual harassment’ means con-
5 duct that constitutes the offense of sexual harass-
6 ment as punishable under section 934 of this title
7 (article 134) pursuant to the regulations prescribed
8 by the Secretary of Defense for purposes of such
9 section (article).’’.
10 (b) EFFECTIVE DATE.—The amendment made by
11 subsection (a) shall take effect immediately after the com-
12 ing into effect of the amendments made by section 543
14 2022 (Public Law 117–81; 135 Stat. 1709) as provided
15 in subsection (c) of that section.
16 SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND
17 WORKFORCE.
18 (a) ANNUAL PRIMARY PREVENTION RESEARCH

19 AGENDA.—Section 549A(c) of the National Defense Au-
21 81; 135 Stat. 1722) is amended—
23 (4) as paragraphs (5), (6), and (7), respectively;
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1 ‘‘(2) include a focus on whether and to what ex-
2 tent sub-populations of the military community may
3 be targeted for interpersonal violence more than oth-
4 ers;
5 ‘‘(3) seek to identify factors that influence the
6 prevention, perpetration, and victimization of inter-
7 personal and self-directed violence;
8 ‘‘(4) seek to improve the collection and dissemi-
9 nation of data on hazing and bullying related to
10 interpersonal and self-directed violence;’’; and
11 (3) by amending paragraph (6), as redesignated
12 by paragraph (1) of this section, to read as follows:
13 ‘‘(6) incorporate collaboration with other Fed-
14 eral departments and agencies, including the De-
15 partment of Health and Human Services and the
16 Centers for Disease Control and Prevention, State
17 governments, academia, industry, federally funded
18 research and development centers, nonprofit organi-
19 zations, and other organizations outside of the De-
20 partment of Defense, including civilian institutions
21 that conduct similar data-driven studies, collection,
22 and analysis; and’’.
23 (b) PRIMARY PREVENTION WORKFORCE.—Section
24 549B of the National Defense Authorization Act for Fis-
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1 cal Year 2022 (Public Law 117–81; 135 Stat. 1722) is
2 amended—
4 (A) in paragraph (2), by striking ‘‘sub-
5 section (a)’’ and inserting ‘‘paragraph (1)’’; and
7 paragraph:
8 ‘‘(3) COMPTROLLER GENERAL REPORT.—Not
9 later than one year after the date of the enactment

10 of this paragraph, the Comptroller General of the
11 United States shall submit to the congressional de-
12 fense committees a report that—
13 ‘‘(A) compares the sexual harassment and
14 prevention training of the Department of De-
15 fense with similar programs at other depart-
16 ments and agencies of the Federal Government;
17 and
18 ‘‘(B) includes relevant data collected by
19 colleges and universities and other relevant out-
20 side entities on hazing and bullying and inter-
21 personal and self-directed violence.’’; and
23 section:
24 ‘‘(e) INCORPORATION OF RESEARCH AND FIND-
25 INGS.—The Secretary of Defense shall ensure that the
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1 findings and conclusions from the primary prevention re-
2 search agenda established under section 549A are regu-
3 larly incorporated, as appropriate, within the primary pre-
4 vention workforce established under subsection (a).’’.
5 SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RE-
6 LOCATION OF ARMY CID SPECIAL AGENT
7 TRAINING COURSE.
8 (a) LIMITATION.—None of the funds authorized to

10 for fiscal year 2023 for the Army may be obligated or ex-
11 pended to relocate an Army CID special agent training
12 course until—
13 (1)(A) the Secretary of the Army submits to
14 the Committees on Armed Services of the Senate
15 and the House of Representatives—
16 (i) the evaluation and plan required by
17 subsection (a) of section 549C of the National
19 (Public Law 117–81; 135 Stat. 1724);
20 (ii) the implementation plan required by
21 subsection (b) of such section; and
22 (iii) a separate report on any plans of the
23 Secretary to relocate an Army CID special
24 agent training course, including an explanation
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1 of the business case for any transfer of training
2 personnel proposed as part of such plan;
3 (B) the Secretary provides to the Committee on
4 Armed Services of the House of Representatives a
5 briefing on the contents of each report specified in
6 subparagraph (A); and
7 (C) a period of 90 days has elapsed following
8 the briefing under subparagraph (B); and
9 (2) the Secretary submits a written certification
10 to the Committees on Armed Services of the Senate
11 and the House of Representatives indicating that the
12 Army has fully complied with subsection (c) of sec-
13 tion 549C of the National Defense Authorization
15 Stat. 1724) with regard to locations at which mili-
16 tary criminal investigative training is conducted.
17 (b) DEFINITIONS.—In this section:
18 (1) The term ‘‘relocate’’, when used with re-
19 spect to an Army CID special agent training course,
20 means the transfer of such course to a location dif-
21 ferent than the location used for such course as of
23 (2) The term ‘‘Army CID special agent training
24 course’’ means a training course provided to mem-
25 bers of the Army to prepare such members for serv-
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1 ice as special agents in the Army Criminal Investiga-
2 tion Division.
3 SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES
4 OF THE ARMY AND CERTAIN OTHER ORGANI-
5 ZATIONS.
6 (a) REVIEW OF TITLING AN INDEXING DECISIONS.—

7 Not later than 180 days after the date of the enactment
8 of this Act, the Secretary of the Army shall review the
9 case file of each member or former member of the Army,
10 the Army Reserve, or the Army National Guard who was
11 titled or indexed in connection with the Guard Recruiting
12 Assistance Program, the Army Reserve Recruiting Assist-
13 ance Program, or any related activity to determine the ap-
14 propriateness of the titling or indexing decision that was
15 made with respect to such member or former member.
16 (b) FACTORS TO BE CONSIDERED.—In reviewing a
17 titling or indexing decision under subsection (a), the Sec-
18 retary of the Army shall consider—
19 (1) the likelihood that the member or former
20 member to whom the decision pertains will face fu-
21 ture criminal prosecution or other adverse action on
22 the basis of the facts in the record at the time of
23 the review;
24 (2) the appropriate evidentiary standard to
25 apply to the review of the decision; and
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1 (3) such other circumstances or factors as the
2 Secretary determines are in the interest of equity
3 and fairness.
4 (c) NOTIFICATION AND APPEAL.—
5 (1) IN GENERAL.—Upon the completion of each
6 review under subsection (a), the Secretary of the
7 Army shall notify the member or former member
8 concerned of such review, the disposition of the rel-
9 evant instance of titling or indexing, and the mecha-
10 nisms the member or former member may pursue to
11 seek correction, removal, or expungement of that in-
12 stance of titling or indexing.
13 (2) NOTIFICATION OF NEXT OF KIN.—In a case
14 in which a member or former member required to be
15 notified under paragraph (1) is deceased, the Sec-
16 retary of the Army shall provide the notice required
17 under such paragraph to the primary next of kin of
18 the member or former member.
19 (d) ACTIONS BY THE SECRETARY OF THE ARMY.—
20 If the Secretary of the Army determines that correction,
21 removal, or expungement of an instance of titling or index-
22 ing is appropriate after considering the factors under sub-
23 section (b), the Secretary of the Army may request that
24 the name, personally identifying information, and other in-
25 formation relating to the individual to whom the titling
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1 or indexing pertains be corrected in, removed from, or ex-
2 punged from, the following:
3 (1) A law enforcement or criminal investigative
4 report of the Department of Defense or any compo-
5 nent of the Department.
6 (2) An index item or entry in the Department
7 of Defense Central Index of Investigations (DCII).
8 (3) Any other record maintained in connection
9 with a report described in paragraph (1), or an
10 index item or entry described in paragraph (2), in
11 any system of records, records database, records
12 center, or repository maintained by or on behalf of
13 the Department, including entries in the Federal
14 Bureau of Investigation’s Interstate Identification
15 Index or any successor system.
16 (e) REPORT OF SECRETARY OF THE ARMY.—Not
17 later than 180 days after the completion of the review re-
18 quired by subsection (a), the Secretary of the Army shall
20 ate and the House of Representatives a report on the re-
21 sults of the review. The report shall include the following:
22 (1) The total number of instances of titling and
23 indexing reviewed under such subsection.
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1 (2) The number of cases in which action was
2 taken to correct, remove, or expunge an instance of
3 titling or indexing.
4 (3) The number of members and former mem-
5 bers who remain titled after the conclusion of the re-
6 view.
7 (4) The number of members and former mem-
8 bers who remain indexed after the conclusion of the
9 review.
10 (5) A brief description of the reasons the mem-
11 bers and former members counted under paragraphs
12 (3) and (4) remain titled or indexed.
13 (6) Such other matters as the Secretary deter-
14 mines appropriate.
15 (f) SECRETARY OF DEFENSE REVIEW AND RE-
16 PORT.—
17 (1) REVIEW.—The Secretary of Defense shall

18 conduct a review the titling and indexing practices
19 of the criminal investigative organizations of the
20 Armed Forces. Such review shall include—
21 (A) an assessment of the practices of ti-
22 tling and indexing and the continued relevance
23 of such practices to the operation of such crimi-
24 nal investigative organizations;
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1 (B) an evaluation of the suitability of the
2 evidentiary requirements and related practices
3 for titling and indexing in effect at the time of
4 the review; and
5 (C) the development of recommendations,
6 as appropriate, to improve the consistency, ac-
7 curacy, and utility of the titling and indexing
8 processes across such criminal investigative or-
9 ganizations.
10 (2) REPORT.—Not later than one year after the
11 date of the enactment of this Act, the Secretary of
12 Defense shall submit to the Committees on Armed
13 Services of the Senate and the House of Representa-
14 tives a report on the results of the review conducted
17 (1) The term ‘‘titling’’ means the practice of
18 identifying an individual as the subject of a criminal
19 investigation the records of a military criminal inves-
20 tigative organization and storing such information in
21 a database or other records system.
22 (2) The term ‘‘indexing’’ means the practice of
23 submitting an individual’s name or other personally
24 identifiable information to the Federal Bureau of In-
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1 vestigation’s Interstate Identification Index, or any
2 successor system.
3 SEC. 549A. BRIEFING AND REPORT ON RESOURCING RE-
4 QUIRED FOR IMPLEMENTATION OF MILITARY
5 JUSTICE REFORM.
6 (a) BRIEFING AND REPORT REQUIRED.—

7 (1) BRIEFING.—Not later than March 1, 2023,
8 and no less frequently than once every 180 days
9 thereafter through December 31, 2024, each Sec-
10 retary concerned shall provide to the appropriate
11 congressional committees a briefing that details the
12 resourcing necessary to implement subtitle D of title
13 V of the National Defense Authorization Act for
14 Fiscal Year 2022 (Public Law 117–81) and the
15 amendments made by that subtitle.
17 date of the enactment of this Act, each Secretary
18 concerned shall submit to the appropriate congres-
19 sional committees a report that details the
20 resourcing necessary to implement subtitle D of title
21 V of the National Defense Authorization Act for
22 Fiscal Year 2022 (Public Law 117–81) and the
23 amendments made by that subtitle.
24 (3) FORM OF BRIEFING AND REPORT.—The
25 Secretaries concerned may provide the briefings and
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1 report required under paragraphs (1) and (2) joint-
2 ly, or separately, as determined appropriate by such
3 Secretaries.
4 (b) ELEMENTS.—The briefing and report required
5 under subsection (a) shall address the following:
6 (1) The number of personnel and personnel au-
7 thorizations (military and civilian) required by the
8 Armed Forces to implement and execute the provi-
9 sions of subtitle D of title V of the National Defense
11 117–81) and the amendments made by that subtitle.
12 (2) The basis for the numbers provided pursu-
13 ant to paragraph (1), including the following:
14 (A) A description of the organizational
15 structure in which such personnel or groups of
16 personnel are or will be aligned.
17 (B) The nature of the duties and functions
18 to be performed by any such personnel or
19 groups of personnel across the domains of pol-
20 icy-making, execution, assessment, and over-
21 sight.
22 (C) The optimum caseload goal assigned to
23 the following categories of personnel who are or
24 will participate in the military justice process:
25 criminal investigators of different levels and ex-
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1 pertise, laboratory personnel, defense counsel,
2 special trial counsel, military defense counsel,
3 military judges, military magistrates, and para-
4 legals.
5 (D) Any required increase in the number
6 of personnel currently authorized in law to be
7 assigned to the Armed Force concerned.
8 (3) The nature and scope of any contract re-
9 quired by the Armed Force concerned to implement
10 and execute the provisions of subtitle D of title V of
12 Year 2022 (Public Law 117–81) and the amend-
13 ments made by that subtitle.
14 (4) The amount and types of additional funding
15 required by the Armed Force concerned to imple-
16 ment the provisions of subtitle D of title V of the
18 2022 (Public Law 117–81) and the amendments
19 made by that subtitle.
20 (5) Any additional authorities required to im-
21 plement the provisions of subtitle D of title V of the
23 2022 (Public Law 117–81) and the amendments
24 made by that subtitle.
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1 (6) Any additional information the Secretary
2 concerned determines is necessary to ensure the
3 manning, equipping, and resourcing of the Armed
4 Forces to implement and execute the provisions of
5 subtitle D of title V of the National Defense Author-
6 ization Act for Fiscal Year 2022 (Public Law 117–
7 81) and the amendments made by that subtitle.
11 (A) the Committee on Armed Services, the
12 Committee on Commerce, Science, and Trans-
13 portation, and the Committee on Appropria-
14 tions of the Senate; and
15 (B) the Committee on Armed Services, the
16 Committee on Transportation and Infrastruc-
17 ture, and the Committee on Appropriations of
18 the House of Representatives.
19 (2) The term ‘‘Secretary concerned’’ has the
20 meaning given that term in section 101(a) of title
21 10, United States Code.
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1 SEC. 549B. REPORT ON SHARING INFORMATION WITH
2 COUNSEL FOR VICTIMS OF OFFENSES UNDER
3 THE UNIFORM CODE OF MILITARY JUSTICE.
4 (a) REPORT REQUIRED.—Not later than one year

5 after the date of the enactment of this Act, the Defense
6 Advisory Committee on Investigation, Prosecution, and
7 Defense of Sexual Assault in the Armed Forces (referred
8 to in this section as the ‘‘Advisory Committee’’) shall sub-
9 mit to the Committees on Armed Services of the Senate
10 and the House of Representatives and each Secretary con-
11 cerned a report on the feasibility and advisability of estab-
12 lishing a uniform policy for the sharing of the information
13 described in subsection (c) with a Special Victims’ Coun-
14 sel, Victims’ Legal Counsel, or other counsel representing
15 a victim of an offense under chapter 47 of title 10, United
16 States Code (the Uniform Code of Military Justice).
17 (b) ELEMENTS.—The report under subsection (a)
19 (1) An assessment of the feasibility and advis-
20 ability of establishing the uniform policy described in
21 subsection (a), including an assessment of the poten-
22 tial effects of such a policy on—
23 (A) the privacy of individuals;
24 (B) the criminal investigative process; and
25 (C) the military justice system generally.
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1 (2) If the Advisory Committee determines that
2 the establishment of such a policy is feasible and ad-
3 visable, a description of—
4 (A) the stages of the military justice proc-
5 ess at which the information described in sub-
6 section (c) should be made available to counsel
7 representing a victim; and
8 (B) any circumstances under which some
9 or all of such information should not be shared.
10 (3) Such recommendations for legislative or ad-
11 ministrative action as the Advisory Committee con-
13 (c) INFORMATION DESCRIBED.—The information de-
14 scribed in this subsection is the following:
15 (1) Any recorded statements of the victim to in-
16 vestigators.
17 (2) The record of any forensic examination of
18 the person or property of the victim, including the
19 record of any sexual assault forensic exam of the vic-
20 tim that is in possession of investigators or the Gov-
21 ernment.
22 (3) Any medical record of the victim that is in
23 the possession of investigators or the Government.
24 (d) SECRETARY CONCERNED DEFINED.—In this sec-
25 tion, the term ‘‘Secretary concerned’’ has the meaning
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1 given that term in section 101(a)(9) of title 10, United
2 States Code.
3 SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES
4 INFORMATION.
6 ment of this Act, the Secretary of Defense, acting through
7 the head of the Sexual Assault Prevention and Response
8 Office of the Department of Defense, shall ensure that in-
9 formation on the availability of legal resources from civil-
10 ian legal service organizations is distributed to military-
11 connected sexual assault victims in an organized and con-
12 sistent manner.
13 Subtitle F—Member Education
14 SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR
15 MILITARY SERVICE ACADEMY FOUNDATIONS.
16 (a) IN GENERAL.—Subchapter I of chapter 134 of

17 title 10, United States Code, is amended by inserting after
18 section 2245 the end the following new section:
19 ‘‘§ 2246. Authorization of certain support for military
20 service academy foundations
21 ‘‘(a) AUTHORITY.—Subject to subsection (b) and

22 pursuant to regulations prescribed by the Secretary of De-
23 fense, the Superintendent of a Service Academy may au-
24 thorize a covered foundation to use, on an unreimbursed
25 basis, facilities or equipment of such Service Academy.
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1 ‘‘(b) LIMITATIONS.—Use of facilities or equipment
2 under subsection (a) may be provided only if such use—
3 ‘‘(1) is without any liability of the United
4 States to the covered foundation;
5 ‘‘(2) does not affect the ability of any official or
6 employee of the military department concerned, or
7 any member of the armed forces, to carry out any
8 responsibility or duty in a fair and objective manner;
9 ‘‘(3) does not compromise the integrity or ap-
10 pearance of integrity of any program of the military
11 department concerned, or any individual involved in
12 such a program;
13 ‘‘(4) does not include the participation of any
14 cadet or midshipman, other than participation in an
15 honor guard at an event of the covered foundation;
16 ‘‘(5) complies with the Joint Ethics Regulation;
17 and
18 ‘‘(6) has been reviewed and approved by an at-
19 torney of the military department concerned.
20 ‘‘(c) BRIEFING.—In any fiscal year during which the
21 Superintendent of a Service Academy exercises the author-
22 ity under subsection (a), the Secretary of the military de-
23 partment concerned shall provide a briefing not later than
24 the last day of that fiscal year to the Committees on
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1 tives regarding the number of events or activities of a cov-
2 ered foundation supported by such exercise during such
3 fiscal year.
4 ‘‘(d) DEFINITIONS.—In this section:
5 ‘‘(1) The term ‘covered foundation’ means a
6 charitable, educational, or civic nonprofit organiza-
7 tion under section 501(c)(3) of the Internal Revenue
8 Code of 1986, that the Secretary concerned deter-
9 mines operates exclusively to support, with respect
10 to a Service Academy, any of the following:
11 ‘‘(A) Recruiting.
12 ‘‘(B) Parent or alumni development.
13 ‘‘(C) Academic, leadership, or character
14 development.
15 ‘‘(D) Institutional development.
16 ‘‘(E) Athletics.
17 ‘‘(2) The term ‘Service Academy’ has the mean-
18 ing given such term in section 347 of this title.’’.
20 at the beginning of such subchapter is amended by insert-
21 ing after the item relating to item 2245 the following new
22 item:
‘‘2246. Authorization of certain support for military service academy founda-
tions.’’.
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1 SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA
2 WHO MAY BE CONSIDERED FOR APPOINT-
3 MENT TO MILITARY SERVICE ACADEMIES.

5 7442 of title 10, United States Code, is amended, in sub-
6 section (b)(5), by striking ‘‘paragraphs (3) and (4)’’ and
7 inserting ‘‘paragraphs (3) through (10)’’.
16 SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO
17 PLAY PROFESSIONAL SPORT CONSTITUTES A
18 BREACH OF AGREEMENT TO SERVE AS AN
19 OFFICER.

21 7448 of title 10, United States Code, is amended as fol-
22 lows:
23 (1) Paragraph (5) of subsection (a) is amended
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1 ‘‘(5) That the cadet may not obtain employ-
2 ment as a professional athlete until two years after
3 the cadet graduates from the Academy.’’.
4 (2) Subsection (b) is amended by adding at the
5 end the following new paragraph:
6 ‘‘(4) A cadet who violates paragraph (5) of subsection
7 (a) is not eligible for the alternative obligation under para-
8 graph (1).’’.
9 (3) Subsection (c) is amended—
10 (A) by redesignating paragraphs (2) and
11 (3) as paragraphs (3) and (4), respectively; and
12 (B) by inserting, after paragraph (1), the
13 following new paragraph (2):
14 ‘‘(2) that a cadet who obtains employment as a
15 professional athlete—
16 ‘‘(A) in violation of paragraph (5) of sub-
17 section (a) has breached an agreement under
18 such subsection; and
19 ‘‘(B) at least two years after the cadet
20 graduates from the Academy has not breached
21 an agreement under subsection (a);’’.
22 (4) Subsection (d) is amended—
23 (A) by striking ‘‘with respect to an officer
24 who is a graduate of the Academy’’ and insert-
25 ing ‘‘with respect to a cadet’’; and
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1 (B) by striking ‘‘officer’s’’ and inserting
2 ‘‘cadet’s’’.
3 (5) Subsection (f) is amended by striking ‘‘the
4 terms’’ and inserting ‘‘each term’’.
7 lows:
10 ‘‘(5) That the midshipman may not obtain em-
11 ployment as a professional athlete until two years
12 after the midshipman graduates from the Acad-
13 emy.’’.
16 ‘‘(4) A midshipman who violates paragraph (5) of
17 subsection (a) is not eligible for the alternative obligation
18 under paragraph (1).’’.
24 ‘‘(2) that a midshipman who obtains employ-
25 ment as a professional athlete—
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4 ‘‘(B) at least two years after the mid-
5 shipman graduates from the Academy has not
6 breached an agreement under subsection (a);’’.
10 ing ‘‘with respect to a midshipman’’; and
12 ‘‘midshipman’s’’.
17 lows:
20 ‘‘(5) That the cadet may not obtain employ-
21 ment as a professional athlete until two years after
22 the cadet graduates from the Academy.’’.
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1 ‘‘(4) A cadet who violates paragraph (5) of subsection
2 (a) is not eligible for the alternative obligation under para-
3 graph (1).’’.
9 ‘‘(2) that a cadet who obtains employment as a
10 professional athlete—
14 ‘‘(B) at least two years after the cadet
15 graduates from the Academy has not breached
16 an agreement under subsection (a);’’.
20 ing ‘‘with respect to a cadet’’; and
22 ‘‘cadet’s’’.
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1 SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED
2 STATES AIR FORCE INSTITUTE OF TECH-
3 NOLOGY: TERMS OF PROVOSTS AND CHIEF
4 ACADEMIC OFFICERS.
5 (a) NAVAL POSTGRADUATE SCHOOL.—

6 (1) IN GENERAL.—Section 8543 of title 10,
8 (A) by striking ‘‘Academic Dean’’ each
9 place it appears and inserting ‘‘Chief Academic
10 Officer’’;
11 (B) in subsection (a), by striking the sec-
12 ond sentence and inserting ‘‘An individual se-
13 lected by the Secretary of the Navy for the po-
14 sition of Provost and Chief Academic Officer
15 shall serve in that position for a term of not
16 more than five years and may be continued in
17 that position for an additional term of up to
18 five years.’’
19 (2) TECHNICAL AND CONFORMING AMEND-
20 MENTS.—
21 (A) SECTION HEADING.—The heading of

22 such section is amended by striking ‘‘Aca-
23 demic Dean’’ and inserting ‘‘Chief Aca-
24 demic Officer’’.
25 (B) TABLE OF SECTIONS.—The table of
26 sections at the beginning of chapter 855 of such
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1 title is amended by striking the item relating to
2 section 8543 and inserting the following new
3 item:
‘‘8543. Provost and Chief Academic Officer.’’.
4 (C) CONFORMING AMENDMENT.—Section
5 8542(a)(4)(A)(ii)(II) of such title is amended

6 by striking ‘‘permanently appointed to the posi-
7 tion of Provost and Academic Dean’’ and in-
8 serting ‘‘selected for the position of Provost and
9 Chief Academic Officer’’.
10 (b) UNITED STATES AIR FORCE INSTITUTE OF
11 TECHNOLOGY.—Subsection (b) of section 9414b of such

12 title is amended—
13 (1) in the heading, by striking ‘‘ACADEMIC
14 DEAN’’ and inserting ‘‘CHIEF ACADEMIC OFFICER’’;
15 (2) by striking ‘‘Academic Dean’’ each place it
16 appears and inserting ‘‘Chief Academic Officer’’;
17 (3) in paragraph (1), by striking ‘‘appointed’’
18 and inserting ‘‘selected’’; and
19 (4) by striking paragraph (2) and inserting the
20 following:
21 ‘‘(2) TERM.—An individual selected for the po-
22 sition of Provost and Chief Academic Officer shall
23 serve in that position for a term of not more than
24 five years and may be continued in that position for
25 an additional term of up to five years.’’.
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1 SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE
2 BY ENLISTED MEMBERS.
3 (a) IN GENERAL.—Subsection (a)(2)(D)(iii) of sec-

4 tion 8545 of title 10, United States Code, is amended by
5 striking ‘‘only on a space-available basis’’.
6 (b) BRIEFING.—Six years after the date of the enact-
7 ment of this Act, the Secretary of Defense shall brief the
9 of Representatives on the effects of increasing enrollment
10 of enlisted members at the Naval Postgraduate School
11 pursuant to the amendment made by subsection (a). Such
12 briefing shall include the following elements:
13 (1) Any increase to the effectiveness, readiness,
14 or lethality of the Armed Forces.
15 (2) Effects on rates of recruitment, promotion
16 (including compensation to members), and retention.
17 SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMO-
18 GRAPHICS OF MILITARY SERVICE ACADEMY
19 APPLICANTS.
20 Subsection (c)(2) of section 575 of the William M.

23 note) is amended by adding at the end the following new
24 subparagraph:
25 ‘‘(C) Anything the Secretary determines to
26 be significant regarding gender, race, ethnicity,
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1 or other demographic information, described in
2 subsection (b), of such individuals.’’.
3 SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILI-
4 TARY EDUCATION.
5 (a) REPORT.—Not later than December 1, 2025, the

6 Secretary of Defense, in coordination with the Chairman
7 of the Joint Chiefs of Staff and the Secretaries of the mili-
8 tary departments, shall submit to the Committees on
10 tives a report on the effectiveness of PME in educating
11 officers of the Armed Forces.
12 (b) ELEMENTS.—The Secretary of Defense shall in-
13 clude in the report the following elements:
14 (1) DEFINITIONS; PURPOSE STATEMENT.—In
15 order to improve readiness and create a culture of

16 lifelong learning for PME students and faculty—
17 (A) recommendations regarding whether to
18 define PME, or to revise existing definitions in
19 section 2151 of title 10, United States Code;
20 and
21 (B) a purpose statement for PME.
22 (2) COURSE OF STUDY.—With regards to a
23 course of study in PME—
24 (A) an analysis of, and legislative rec-
25 ommendations regarding, the existing three-
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1 phase approach to JPME under section 2154 of
3 (B) legislative recommendations regarding
4 developing a statutory three-phase approach for
5 PME other than JPME, similar to such ap-
6 proach for JPME; and
7 (C) a proposed career learning plan, pro-
8 vided to an officer every two years, to track the
9 progress of such officer in achieving PME and
10 JPME outcomes and other career milestones.
11 (3) CURRICULUM EVALUATION.—An evaluation
12 of curricula of institutions of PME, including—
13 (A) compliance with subject matter re-
14 quirements under chapter 107 of title 10,
15 United States Code;
16 (B) legislative recommendations regarding
17 such subject matter requirements, including
18 whether to include the national defense strategy
19 in such requirements;
20 (C) the curriculum development process,
21 including whether such process is responsive to
22 changing global threats, and any ways to im-
23 prove such process to be able to make rapid,
24 relevant, and responsive curriculum updates;
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1 (D) current modes of instruction and re-
2 lated recommendations, including the use of
3 interactive seminars, war games, simulations,
4 experiential learning, and iterative case studies;
5 (E) special areas of focus regarding inno-
6 vation, including disruptive change, adaptive
7 thinking, design thinking, cyber security, artifi-
8 cial intelligence, applied design for innovation,
9 and other areas the Secretary determines ap-
10 propriate; and
11 (F) the development and assessment of
12 learning outcomes regarding lethality and stra-
13 tegic influence.
14 (4) SYSTEMS OF ACCOUNTABILITY AND PER-
15 FORMANCE.—An evaluation of the following account-

16 ability and performance systems:
17 (A) Student performance assessments.
18 (B) The documentation of student per-
19 formance in military service records.
20 (C) Consideration of student performance
21 records in the determination of assignments
22 and promotions.
23 (D) Consideration of expertise or academic
24 focus in the determination of assignments.
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1 (5) ACADEMIC FACULTY AND STUDENT REVIEW
2 SYSTEM.—A summary of current processes to review

3 the following:
4 (A) The means by which faculty assigned
5 to teach PME (including members of the
6 Armed Forces and civilian personnel) are se-
7 lected, managed, promoted, and evaluated.
8 (B) The academic freedom of faculty de-
9 scribed in subparagraph (A).
10 (C) A review of how members are selected
11 for residential and non-residential PME, includ-
12 ing the consideration of student performance
13 assessments during PME.
14 (6) INTERACTIONS OF WITH INSTITUTIONS OF
15 PME CIVILIAN INSTITUTIONS.—
16 (A) PARTNERSHIPS.—A review of existing

17 academic partnerships between institutions of
18 PME and civilian institutions, including—
19 (i) the scopes, purposes, and lengths
20 of such partnerships;
21 (ii) any research, curriculum develop-
22 ment, or sharing of faculty or students be-
23 tween institutions; and
24 (iii) any collaborations or exchanges
25 by faculties or students.
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1 (B) CONSORTIUM.—An appraisal of a pro-
2 spective consortium of institutions of PME and
3 civilian institutions, including—
4 (i) the feasability and advisability of
5 establishing such a consortium;
6 (ii) recommendations, if any, regard-
7 ing potential consortium members;
8 (iii) the anticipated costs and timeline
9 to establish such a consortium; and
10 (iii) whether the inclusion of the
11 Naval Postgraduate School or Air Force
12 Institute of Technology in such a consor-
13 tium would require legislation.
14 (7) ORGANIZATION.—With regards to the orga-
15 nizational structure and lines of authority estab-
16 lished pursuant to section 2152 of title 10, United
17 States Code—
18 (A) an analysis; and
19 (B) any legislative recommendations.
20 (c) INTERIM BRIEFINGS AND FINAL REPORT.—
21 (1) INITIAL BRIEFING.—Not later than June 1,
22 2023, the Secretary of Defense shall provide to the
23 Committees on Armed Services of the House of Rep-
24 resentatives and the Senate an initial briefing on the
25 progress of the Secretary in preparing the report.
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1 (2) INTERIM BRIEFINGS.—Every six months
2 after the initial briefing, the Secretary of Defense
3 shall provide to the Committees on Armed Services
4 of the House of Representatives and the Senate an
5 interim briefing on the progress and contents of the
6 report.
7 (3) FINAL BRIEFING.—Not later than Decem-
8 ber 1, 2025, in conjunction with issuance of the final
9 report, the Secretary of Defense shall provide to the
11 House of Representatives a final briefing on the
12 findings and recommendations in the report.
14 (1) The term ‘‘institutions of PME’’ means—
15 (A) the professional military education
16 schools;
17 (B) the senior level service schools;
18 (C) the intermediate level service schools;
19 (D) the joint intermediate level service
20 school;
21 (E) the Naval Postgraduate School; and
22 (F) the Air Force Institute of Technology.
23 (2) The terms ‘‘intermediate level service
24 school’’, ‘‘joint intermediate level service school’’,
25 and ‘‘senior level service school’’ have the meaning
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1 given such terms in section 2151 of title 10, United
2 States Code.
3 (3) The term ‘‘JPME’’ means ‘‘joint profes-
4 sional military education’’ has the meaning given
5 such term in section 2151 of title 10, United States
6 Code.
7 (4) The term ‘‘PME’’ means professional mili-
8 tary education, including JPME.
9 (5) The term ‘‘professional military education
10 schools’’ means the schools specified in section
11 2162(b) of title 10, United States Code.
12 SEC. 558. REPORT ON TREATMENT OF CHINA IN CUR-
13 RICULA OF PROFESSIONAL MILITARY EDU-
14 CATION.
15 (a) IN GENERAL.—Not later than December 1, 2023,

16 the Secretary of Defense shall submit to the Committees
17 on Armed Services of the Senate and House of Represent-
18 atives a report regarding the treatment of China in the
19 curricula of institutions of military education, including
20 changes to such treatment implemented in the five years
21 preceding the date of such report.
23 (1) The term ‘‘institutions of military edu-
24 cation’’ means—
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2 schools;
3 (B) the senior level service schools;
4 (C) the intermediate level service schools;
5 (D) the joint intermediate level service
6 school;
7 (E) the Naval Postgraduate School; and
8 (F) the Air Force Institute of Technology.
9 (2) The terms ‘‘intermediate level service
10 school’’, ‘‘joint intermediate level service school’’,
11 and ‘‘senior level service school’’ have the meaning
13 States Code.
14 (3) The term ‘‘professional military education
15 schools’’ means the schools specified in section 2162
17 Subtitle G—Member Training and
18 Transition
19 SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
20 (a) IN GENERAL.—Section 1143(e) of title 10,

22 (1) in the heading, by adding ‘‘; SKILLBRIDGE’’
23 after ‘‘TRAINING’’; and
24 (2) in paragraph (1), by adding at the end
25 ‘‘Such a program shall be known as ‘Skillbridge’.’’.
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1 (b) REGULATIONS.—To carry out Skillbridge, the
2 Secretary of Defense shall, not later than September 30,
3 2023—
4 (1) update Department of Defense Instruction
5 1322.29, titled ‘‘Job Training, Employment Skills
6 Training, Apprenticeships, and Internships (JTEST-
7 AI) for Eligible Service Members’’; and
8 (2) develop a funding plan for Skillbridge that
9 includes funding lines across the future-years de-
10 fense program under section 221 of title 10, United
11 States Code.
12 SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROC-
13 ESSING IN THE ARMY.
14 (a) ESTABLISHMENT.—Not later than January 1,

15 2024, the Secretary of the Army shall implement a pilot
16 program to expedite in-processing and out-processing at
17 one or more military installations—
18 (1) under the jurisdiction of such Secretary;
19 and
20 (2) located within the continental United
21 States.
22 (b) FUNCTIONS.—The pilot program shall perform
23 the following functions:
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1 (1) Enable the remote in-processing and out-
2 processing of covered personnel, including by permit-
3 ting covered personnel to sign forms electronically.
4 (2) Reduce the number of hours required of
5 covered personnel for in-processing and out-proc-
6 essing.
7 (3) Provide, to covered personnel and the com-
8 mander of a military installation concerned, elec-
9 tronic copies of records related to in-processing and
10 out-processing.
11 (c) TERMINATION.—The pilot program shall termi-
12 nate on January 1st, 2027.
13 (d) REPORT.—Not later than January 1, 2026, the
14 Secretary shall submit to the Committees on Armed Serv-
16 regarding the pilot program, including the recommenda-
17 tion of the Secretary whether to make the pilot program
18 permanent.
20 (1) The term ‘‘covered personnel’’ includes
21 members of the Army and civilian employees of the
22 Department of the Army.
23 (2) The term ‘‘in-processing’’ means the admin-
24 istrative activities that covered personnel undertake
25 pursuant to a permanent change of station.
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1 (3) The term ‘‘out-processing’’ means the ad-
2 ministrative activities that covered personnel under-
3 take pursuant to a permanent change of station,
4 separation from the Army, or end of employment
5 with the Department of the Army.
6 SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING
7 FROM ACTIVE DUTY WHO FILE CLAIMS FOR
8 DISABILITY BENEFITS.
9 (a) REPORT REQUIRED.—Not later than one year

10 after the date of the enactment of this Act, and not later
11 than each January 1 thereafter through 2025, the Sec-
12 retary of Defense, in consultation with the Secretary of
13 Veterans Affairs, shall submit to the appropriate congres-
14 sional committees a report on members of the Armed
15 Forces who file claims for disability benefits.
16 (b) ELEMENTS.—The report under this section shall
17 include, for the period beginning on October 1, 2019,
18 through the month that ended most recently before the
19 date of the report, the number of members serving on ac-
20 tive duty, disaggregated by Armed Force, who filed a
21 claim for disability benefits—
22 (1) more than 180 days before the discharge or
23 release of such member from active duty;
24 (2) between 180 and 90 days before the dis-
25 charge or release of such member from active duty;
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1 (3) fewer than 90 days before the discharge or
2 release of such member from active duty;
3 (4) before separation and was issued a decision
4 letter before the discharge or release of such member
5 from active duty;
6 (5) before separation and was issued a decision
7 letter after the discharge or release of such member
8 from active duty;
9 (6) completed a mental health evaluation before
10 the discharge or release of such member from active
11 duty; and
12 (7) did not complete a mental health evaluation
13 before the discharge or release of such member from
14 active duty.
18 (1) The Committees on Armed Services of the
19 Senate and House of Representatives.
20 (2) The Committees on Veterans’ Affairs of the
21 Senate and House of Representatives.
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1 SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES
2 AND CIVILIAN EMPLOYEES OF THE DEPART-
3 MENT OF DEFENSE IN STEM.
4 (a) STUDY ON MEMBERS AND CIVILIANS.—Not later

5 than September 30, 2023, the Secretary of Defense shall
7 ate and House of Representatives a briefing containing the
8 results of a study on how to increase participation of cov-
9 ered individuals in positions in the covered Armed Forces
10 or Department of Defense and related to STEM.
15 (2) The term ‘‘covered individual’’ means a fe-
16 male—
17 (A) member of a covered Armed Force; or
18 (B) civilian employee of the Department of
19 Defense.
20 (3) The term ‘‘STEM’’ means science, tech-
21 nology, engineering, and mathematics.
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483
1 Subtitle H—Military Family Readi-
2 ness and Dependents’ Education
3 SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZA-
4 TION OF SUPPORT FOR CHAPLAIN-LED PRO-
5 GRAMS FOR MEMBERS OF THE ARMED
6 FORCES.

10 (A) by striking ‘‘chaplain-led programs’’
11 and inserting ‘‘a chaplain-led program’’;
12 (B) by striking ‘‘members of the armed
13 forces’’ and all that follows through ‘‘status and
14 their immediate family members,’’ and inserting
15 ‘‘a covered individual’’; and
16 (C) by inserting ‘‘, or to support the resil-
17 iency, suicide prevention, or holistic wellness of
18 such covered individual’’ after ‘‘structure’’;
20 (A) by striking ‘‘members of the armed
21 forces and their family members’’ and inserting
22 ‘‘a covered individual’’;
23 (B) by striking ‘‘programs’’ and inserting
24 ‘‘a program’’; and
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1 (C) by striking ‘‘retreats and conferences’’
2 and inserting ‘‘a retreat or conference’’; and
3 (3) by striking subsection (c) and inserting the
4 following:
5 ‘‘(c) COVERED INDIVIDUAL DEFINED.—In this sec-
6 tion, the term ‘covered individual’ means—
7 ‘‘(1) a member of the armed forces on active
8 duty;
9 ‘‘(2) a member of the reserve components in an
10 active status; or
11 ‘‘(3) a dependent of an individual described in
12 subparagraph (A) or (B).’’.
13 (b) ANNUAL BRIEFINGS.—Not later than one year
15 thereafter for five years, the Secretary of Defense shall
17 ate and House of Representatives a briefing on implemen-
18 tation of the amendments made by this section. Each such
19 briefing shall include the following:
20 (1) The frequency with which the Secretaries of
21 the military departments used the authority under
22 such amendments in the year preceding the date of
23 the briefing.
24 (2) Lessons learned from such usage.
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1 SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR
2 ENROLLMENT AT DOMESTIC DEPENDENT EL-
3 EMENTARY AND SECONDARY SCHOOLS: EX-
4 TENSION; REPORT.
5 (a) EXTENSION.—Section 589C(e) of the William M.

8 note) is amended by striking ‘‘four years after the date
9 of the enactment of this Act’’ and inserting ‘‘on July 1,
10 2029’’.
11 (b) REPORT REQUIRED.—
12 (1) IN GENERAL.—Not later than December 31,
13 2028, the Secretary of Defense shall submit to the
15 the House of Representatives a report on the con-
16 duct of the pilot program under such section.
17 (2) ELEMENTS.—The report shall include a de-
18 scription of—
19 (A) the locations at which the pilot pro-
20 gram is carried out;
21 (B) the number of students participating
22 in the pilot program for each academic year by
23 location; and
24 (C) the outcome measures used to gauge
25 the value of the pilot program to the Depart-
26 ment of Defense.
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1 SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN RE-
2 GARDING TRANSPORTATION OF REMAINS OF
3 CASUALTIES.
4 Section 580A of the National Defense Authorization

5 Act for Fiscal Year 2020 (Public Law 116–92) is amended
6 by adding at the end the following:
7 ‘‘(c) TRANSPORTATION OF DECEASED MILITARY
8 MEMBER.—In the event of a death that requires the Sec-
9 retary concerned to provide a death benefit under sub-
10 chapter II of chapter 75 of title 10, United States Code,
11 such Secretary—
12 ‘‘(1) shall provide the next of kin or other ap-
13 propriate person a commercial air travel use waiver
14 for the transportation of deceased remains of mili-
15 tary member who dies outside of—
16 ‘‘(A) the United States; and
17 ‘‘(B) a theater of combat operations; or
18 ‘‘(2) may provide the next of kin or other ap-
19 propriate person a commercial air travel use waiver
20 for the transportation of deceased remains of mili-
21 tary member who dies inside a theater of combat op-
22 erations.’’.
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1 SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL
2 AGENCIES THAT BENEFIT DEPENDENTS OF
3 MILITARY AND CIVILIAN PERSONNEL.
4 (a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL

5 EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS
6 OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
7 OF DEFENSE CIVILIAN EMPLOYEES.—
8 (1) ASSISTANCE TO SCHOOLS WITH SIGNIFI-
9 CANT NUMBERS OF MILITARY DEPENDENT STU-
10 DENTS.—Of the amount authorized to be appro-

11 priated for fiscal year 2023 by section 301 and
12 available for operation and maintenance for Defense-
13 wide activities as specified in the funding table in
14 section 4301, $50,000,000 shall be available only for
15 the purpose of providing assistance to local edu-
16 cational agencies under subsection (a) of section 572
17 of the National Defense Authorization Act for Fiscal
18 Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
19 (2) LOCAL EDUCATIONAL AGENCY DEFINED.—
20 In this subsection, the term ‘‘local educational agen-

21 cy’’ has the meaning given that term in section
22 7013(9) of the Elementary and Secondary Edu-
23 cation Act of 1965 (20 U.S.C. 7713(9)).
24 (b) IMPACT AID FOR CHILDREN WITH SEVERE DIS-
25 ABILITIES.—
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1 (1) IN GENERAL.—Of the amount authorized to
2 be appropriated for fiscal year 2023 pursuant to sec-
3 tion 301 and available for operation and mainte-
4 nance for Defense-wide activities as specified in the
5 funding table in section 4301, $10,000,000 shall be
6 available for payments under section 363 of the
7 Floyd D. Spence National Defense Authorization
8 Act for Fiscal Year 2001 (as enacted into law by
9 Public Law 106–398; 114 Stat. 1654A–77; 20
10 U.S.C. 7703a).
11 (2) ADDITIONAL AMOUNT.—Of the amount au-
12 thorized to be appropriated for fiscal year 2023 pur-
13 suant to section 301 and available for operation and
14 maintenance for Defense-wide activities as specified
15 in the funding table in section 4301, $10,000,000
16 shall be available for use by the Secretary of Defense
17 to make payments to local educational agencies de-
18 termined by the Secretary to have higher concentra-
19 tions of military dependent students with severe dis-
20 abilities.
21 (3) REPORT.—Not later than March 31, 2023,
22 the Secretary shall brief the Committees on Armed
24 tives on the evaluation of the Secretary of each local
25 educational agency with higher concentrations of
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1 military dependent students with severe disabilities
2 and subsequent determination of the amounts of im-
3 pact aid each such agency shall receive.
4 SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
5 THAT BENEFIT DEPENDENTS OF MEMBERS
6 OF THE ARMED FORCES WITH ENROLLMENT
7 CHANGES DUE TO BASE CLOSURES, FORCE
8 STRUCTURE CHANGES, OR FORCE RELOCA-
9 TIONS.
10 (a) ASSISTANCE AUTHORIZED.—To assist commu-

11 nities in making adjustments resulting from changes in
12 the size or location of the Armed Forces, the Secretary
13 of Defense shall provide financial assistance to an eligible
14 local educational agency described in subsection (b) if,
15 during the period between the end of the school year pre-
16 ceding the fiscal year for which the assistance is author-
17 ized and the beginning of the school year immediately pre-
18 ceding that school year, the local educational agency—
19 (1) had (as determined by the Secretary of De-
20 fense in consultation with the Secretary of Edu-
21 cation) an overall increase or reduction of—
22 (A) not less than five percent in the aver-
23 age daily attendance of military dependent stu-
24 dents in the schools of the local educational
25 agency; or
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1 (B) not less than 500 military dependent
2 students in average daily attendance in the
3 schools of the local educational agency; or
4 (2) is projected to have an overall increase, be-
5 tween fiscal years 2023 and 2028, of not less than
6 500 military dependent students in average daily at-
7 tendance in the schools of the local educational
8 agency as the result of a signed record of decision.
9 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A
10 local educational agency is eligible for assistance under
11 subsection (a) for a fiscal year if—
12 (1) 20 percent or more of students enrolled in
13 schools of the local educational agency are military
14 dependent students; and
15 (2) in the case of assistance described in sub-
16 section (a)(1), the overall increase or reduction in
17 military dependent students in schools of the local
18 educational agency is the result of one or more of
19 the following:
20 (A) The global rebasing plan of the De-
22 (B) The official creation or activation of
23 one or more new military units.
24 (C) The realignment of forces as a result
25 of the base closure process.
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1 (D) A change in the number of housing
2 units on a military installation.
3 (E) A signed record of decision.
4 (c) CALCULATION OF AMOUNT OF ASSISTANCE.—
5 (1) PRO RATA DISTRIBUTION.—The amount of
6 the assistance provided under subsection (a) to a
7 local educational agency that is eligible for such as-
8 sistance for a fiscal year shall be equal to the prod-
9 uct obtained by multiplying—
10 (A) the per-student rate determined under
11 paragraph (2) for that fiscal year; by
12 (B) the net of the overall increases and re-
13 ductions in the number of military dependent
14 students in schools of the local educational
15 agency, as determined under subsection (a).
16 (2) PER-STUDENT RATE.—For purposes of
17 paragraph (1)(A), the per-student rate for a fiscal
18 year shall be equal to the dollar amount obtained by
19 dividing—
20 (A) the total amount of funds made avail-
21 able for that fiscal year to provide assistance
22 under subsection (a); by
23 (B) the sum of the overall increases and
24 reductions in the number of military dependent
25 students in schools of all eligible local edu-
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1 cational agencies for that fiscal year under that
2 subsection.
3 (3) MAXIMUM AMOUNT OF ASSISTANCE.—A
4 local educational agency may not receive more than

5 $15,000,000 in assistance under subsection (a) for
6 any fiscal year.
7 (d) DURATION.—Assistance may not be provided
8 under subsection (a) after September 30, 2028.
9 (e) NOTIFICATION.—Not later than June 30, 2023,
10 and June 30 of each fiscal year thereafter for which funds
11 are made available to carry out this section, the Secretary
12 of Defense shall notify each local educational agency that
13 is eligible for assistance under subsection (a) for that fis-
14 cal year of—
15 (1) the eligibility of the local educational agency
16 for the assistance; and
17 (2) the amount of the assistance for which the
18 local educational agency is eligible.
19 (f) DISBURSEMENT OF FUNDS.—The Secretary of
20 Defense shall disburse assistance made available under
21 subsection (a) for a fiscal year not later than 30 days after
22 the date on which notification to the eligible local edu-
23 cational agencies is provided pursuant to subsection (e)
24 for that fiscal year.
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1 (g) BRIEFING REQUIRED.—Not later than March 1,
2 2023, the Secretary of Defense shall brief the Committees
3 on Armed Services of the Senate and the House of Rep-
4 resentatives on the estimated cost of providing assistance
5 to local educational agencies under subsection (a) through
6 September 30, 2028.
7 (h) ELIGIBLE USES.—Amounts disbursed to a local
8 education agency under subsection (f) may be used by
9 such local educational agency for—
10 (1) general fund purposes;
11 (2) special education;
12 (3) school maintenance and operation;
13 (4) school expansion; or
14 (5) new school construction.
15 (i) FUNDING.—
16 (1) INCREASE.—Notwithstanding the amounts
17 set forth in the funding tables in division D, the
18 amount authorized to be appropriated in section 301
19 for Operation and Maintenance, Defense-wide, De-
20 partment of Defense Education Activity, Line 390,
21 as specified in the corresponding funding table in
22 section 4301, is hereby increased by $15,000,000 for
23 purposes of this section.
24 (2) OFFSET.—Notwithstanding the amounts set
25 forth in the funding tables in division D, the amount
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1 authorized to be appropriated in section 301 for Op-
2 eration and Maintenance, Defense-wide, for Wash-
3 ington Headquarters Services, Line 500, as specified
4 in the corresponding funding table in section 4301,
5 is hereby reduced by $15,000,000.
6 (j) DEFINITIONS.—In this section:
7 (1) The term ‘‘base closure process’’ means any
8 base closure and realignment process conducted
9 after the date of the enactment of this Act under
10 section 2687 of title 10, United States Code, or any
11 other similar law enacted after that date.
12 (2) The term ‘‘local educational agency’’ has
13 the meaning given that term in section 7013(9) of
14 the Elementary and Secondary Education Act of
15 1965 (20 U.S.C. 7713(9)).
16 (3) The term ‘‘military dependent students’’
17 means—
18 (A) elementary and secondary school stu-
19 dents who are dependents of members of the
20 Armed Forces; and
21 (B) elementary and secondary school stu-
22 dents who are dependents of civilian employees
24 (4) The term ‘‘State’’ means each of the several
25 States and the District of Columbia.
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1 SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS
2 INCLUSION COORDINATORS FOR DEPART-
3 MENT OF DEFENSE CHILD DEVELOPMENT
4 CENTERS.

6 ordination with the Secretaries of the military depart-
7 ments, shall carry out a pilot program to hire special needs
8 inclusion coordinators at child development centers se-
9 lected by the Secretary under subsection (b).
10 (b) SELECTION OF CENTERS.—The Secretary of De-
11 fense shall select the child development centers at which
12 the pilot program required by subsection (a) will be car-
13 ried out based on—
14 (1) the number of dependent children enrolled
15 in the Exceptional Family Member Program at the
16 military installation on which the center in located;
17 (2) the number of children with special needs
18 enrolled in the center; and
19 (3) such other considerations as the Secretary,
20 in consultation with the Secretaries of the military
21 departments, considers appropriate.
22 (c) FUNCTIONS.—Each special needs inclusion coor-
23 dinator assigned to a child development center under the
24 pilot program required by subsection (a) shall—
25 (1) coordinate intervention and inclusion serv-
26 ices at the center;
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496
1 (2) provide direct classroom support; and
2 (3) provide guidance and assistance relating to
3 the increased complexity of working with the behav-
4 iors of children with special needs.
5 (d) BRIEFINGS REQUIRED.—
6 (1) BRIEFING ON ANTICIPATED COSTS.—Not
7 later than March 1, 2023, the Secretary of Defense

8 shall provide to the Committees on Armed Services
10 briefing on the anticipated costs for the pilot pro-
11 gram required by subsection (a).
12 (2) BRIEFING ON EFFECTIVENESS OF PRO-
13 GRAM.—Not later than September 30, 2025, the

14 Secretary of Defense shall provide to the Commit-
16 of Representatives a briefing on the pilot program
17 required by subsection (a) that includes—
18 (A) the number of special needs inclusion
19 coordinators hired under the pilot program;
20 (B) a description of any issues relating to
21 the retention of those coordinators;
22 (C) a recommendation with respect to
23 whether the pilot program should be made per-
24 manent or expanded to other military installa-
25 tions; and
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1 (D) an assessment of the amount of fund-
2 ing required to make the pilot program perma-
3 nent or expand the pilot program to other mili-
4 tary installations, as the Secretary recommends
5 under subparagraph (C).
6 (e) DURATION OF PILOT PROGRAM.—The pilot pro-
7 gram required by subsection (a) shall—
8 (1) commence not later than January 1, 2024;
9 and
10 (2) terminate on December 31, 2026.
11 (f) CHILD DEVELOPMENT CENTER DEFINED.—In
12 this section, the term ‘‘child development center’’ has the
13 meaning given that term in section 2871(2) of title 10,
14 United States Code, and includes a facility identified as
15 a child care center or day care center.
16 SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSIST-
17 ANCE.
18 (a) IN GENERAL.—Each Secretary concerned shall

19 promote, to members of the Armed Forces under the juris-
20 diction of such Secretary concerned, awareness of child
21 care assistance available under—
22 (1) section 1798 of title 10, United States
23 Code; and
24 (2) section 589 of the William M. (Mac) Thorn-
25 berry National Defense Authorization Act for Fiscal
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498
2 note).
3 (b) REPORTING.—Not later than one year after the
4 date of the enactment of this Act, each Secretary con-
5 cerned shall submit to the Committees on Armed Services
6 of the Senate and House of Representatives a report sum-
7 marizing activities taken by such Secretary concerned to
8 carry out subsection (a).
9 (c) SECRETARY CONCERNED DEFINED.—In this sec-
11 given such term in section 101 of title 10, United States
12 Code.
13 SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE
14 HIRING.

16 date of the enactment of this Act, the Under Secretary
17 of Defense for Personnel and Readiness shall seek to con-
18 vene an industry roundtable to discuss the hiring of mili-
19 tary spouses. Such discussion shall include the following
20 elements:
21 (1) The value of, and opportunities to, private
22 entities that hire military spouses.
23 (2) Career opportunities for military spouses.
24 (3) Understanding the challenges that military
25 spouses encounter in the labor market.
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1 (4) Gaps and opportunities in the labor market
2 for military spouses.
3 (5) Best hiring practices from industry leaders
4 in human resources.
5 (6) The benefits of portable licenses and inter-
6 state licensure compacts for military spouses.
7 (b) PARTICIPANTS.—The participants in the round-
8 table shall include the following:
9 (1) The Under Secretary of Defense for Per-
10 sonnel and Readiness.
11 (2) The Assistant Secretary for Manpower and
12 Reserve Affairs of each military department.
13 (3) The Director of the Defense Human Re-
14 sources Activity.
15 (4) Other officials of the Department of De-
16 fense the Secretary of Defense determines appro-
17 priate.
18 (5) Private entities that elect to participate.
19 (c) NOTICE.—The Under Secretary shall publish no-
20 tice of the roundtable in multiple private sector forums
21 and the Federal Register to encourage participation in the
22 roundtable by private entities and entities interested in the
23 hiring of military spouses.
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1 shall provide a briefing to the Committees on Armed Serv-
2 ices of the Senate and House of Representatives on the
3 lessons learned from the roundtable, including the rec-
4 ommendation of the Secretary whether to convene the
5 roundtable annually.
6 SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF
7 THE MILITARY INTERSTATE CHILDREN’S
8 COMPACT.
9 (a) RECOMMENDATIONS REQUIRED.—The Secre-

10 taries concerned, in consultation with States through the
11 Defense-State Liaison Office, shall develop recommenda-
12 tions to improve the Military Interstate Children’s Com-
13 pact.
14 (b) CONSIDERATIONS.—In carrying out subsection
15 (a), the Secretaries concerned shall—
16 (1) identify any barriers—
17 (A) to the ability of a parent of a transfer-
18 ring military-connected child to enroll the child,
19 in advance, in an elementary or secondary
20 school in the State in which the child is trans-
21 ferring, without requiring the parent or child to
22 be physically present in the State; and
23 (B) to the ability of a transferring mili-
24 tary-connected child who receives special edu-
25 cation services to gain access to such services
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1 and related supports in the State to which the
2 child transfers within the timeframes required
3 under the Individuals with Disabilities Edu-
4 cation Act (20 U.S.C. 1400 et seq.);
5 (2) consider the feasibility and advisability of—
6 (A) tracking and reporting the number of
7 families who use advanced enrollment in States
8 that offer advanced enrollment to military-con-
9 nected children;
10 (B) States clarifying in legislation that eli-
11 gibility for advanced enrollment requires only
12 written evidence of a permanent change of sta-
13 tion order, and does not require a parent of a
14 military-connected child to produce a rental
15 agreement or mortgage statement; and
16 (C) the Secretary of Defense, in coordina-
17 tion with the Military Interstate Children’s
18 Compact, developing a letter or other memo-
19 randum that military families may present to
20 local educational agencies that outlines the pro-
21 tections afforded to military-connected children
22 by the Military Interstate Children’s Compact;
23 and
24 (3) identify any other actions that may be
25 taken by the States (acting together or separately)
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502
1 to improve the Military Interstate Children’s Com-
2 pact.
3 (c) REPORT REQUIRED.—Not later than one year
4 after the date of the enactment of this Act, the Secretaries
5 concerned shall submit to the Committees on Armed Serv-
6 ices of the Senate and House of Representatives, and to
7 the States, a report setting forth the recommendations de-
8 veloped under subsection (a).
10 (1) The terms ‘‘armed forces’’, ‘‘active duty’’
11 and ‘‘congressional defense committees’’ have the
12 meanings given those terms in section 101 of title
14 (2) The terms ‘‘child’’, ‘‘elementary school’’,
15 ‘‘local educational agency’’, ‘‘secondary school’’,
16 ‘‘parent’’, and ‘‘State’’ have the meanings given
17 those terms in section 8101 of the Elementary and
18 Secondary Education Act of 1965 (20 U.S.C. 7801).
19 (3) The term ‘‘Military Interstate Children’s
20 Compact’’ means the Interstate Compact on Edu-
21 cational Opportunity for Military Children as de-
22 scribed in Department of Defense Instruction
23 1342.29, dated January 31, 2017 (or any successor
24 to such instruction).
25 (4) The term ‘‘Secretary concerned’’ means—
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1 (A) the Secretary of Defense, with respect
2 to matters concerning the Department of De-
3 fense; and
4 (B) the Secretary of the department in
5 which the Coast Guard is operating, with re-
6 spect to matters concerning the Coast Guard
7 when it is not operating as a service in the De-
8 partment of the Navy.
9 (5) The term ‘‘transferring military-connected
10 child’’ means the child of a parent who—
11 (A) is serving on active duty in the Armed
12 Forces;
13 (B) is changing duty locations due to a
14 permanent change of station order; and
15 (C) has not yet established an ongoing
16 physical presence in the State to which the par-
17 ent is transferring.
18 SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN
19 PILOT PROGRAM TO PROVIDE FINANCIAL AS-
20 SISTANCE TO MEMBERS OF THE ARMED
21 FORCES FOR IN-HOME CHILD CARE.
23 ment of this Act, the Secretary of Defense, in coordination
24 with the Secretary of State, shall submit, to the Commit-
25 tees on Armed Services of the Senate and House of Rep-
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504
1 resentatives, a briefing containing the assessment of the
2 Secretary of Defense of the feasibility, advisability, and
3 considerations of expanding eligibility for the pilot pro-
4 gram under section 589 of the William M. (Mac) Thorn-
5 berry National Defense Authorization Act for Fiscal Year
6 2021 (Public Law 116–283; 10 U.S.C. 1791 note) to
7 members of the Armed Forces who participate in an ex-
8 change visitor program under section 62.31 of title 22,
9 Code of Federal Regulations, or successor regulation.
10 SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE
11 PARENTS SERVING AS MEMBERS OF THE
12 ARMED FORCES.
13 Not later than September 30, 2023, the Secretary of

14 Defense shall submit to the Committees on Armed Serv-
15 ices of the Senate and House of Representatives a briefing
16 on regulations and rules of the Department of Defense
17 regarding single parents serving as members of the Armed
18 Forces. Such briefing shall include ways the Secretary has
19 determined to improve such regulations and rules.
20 SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY
21 CHILD CARE PROGRAMS.
22 Not later than September 30, 2023, and each cal-

23 endar quarter thereafter, the Secretary of Defense shall
24 post, on a publicly accessible website of the Department
25 of Defense, information regarding the Military Child Care
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1 in Your Neighborhood and Military Child Care in Your
2 Neighborhood-Plus programs, disaggregated by State,
3 ZIP code, and Armed Force. Such information shall in-
4 clude whether each such provider is nationally accredited
5 or rated by the Quality Rating and Improvement System
6 of the State.
7 SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FED-
8 ERALLY CONNECTED CHILDREN FOR PUR-
9 POSES OF FEDERAL IMPACT AID PROGRAMS.
10 Not later than February 1, 2023, the Secretary of

11 Defense, in consultation with the Secretaries of the mili-
12 tary departments, shall brief the Committees on Armed
13 Services of the Senate and House of Representatives on
14 the following:
15 (1) The feasibility of developing a process
16 whereby the commander of a military installation
17 may certify the information contained in impact aid
18 source check forms received by such commander
19 from local educational agencies as of the date of
20 such certification.
21 (2) An estimate of resources, per military in-
22 stallation concerned, necessary to implement such a
23 process, including personnel, information technology,
24 and other costs.
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1 (3) The estimated time required to implement
2 such a process, including time for the Secretary of
3 Defense to develop guidance regarding such a proc-
4 ess.
5 (4) The possible benefits of working with local
6 educational agencies to ensure that impact aid
7 source check forms are submitted appropriately to
8 enable such certification.
9 SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS
10 OF CHILDREN ATTENDING SCHOOLS OPER-
11 ATED BY THE DEPARTMENT OF DEFENSE
12 EDUCATION ACTIVITY.
13 (a) SENSE OF CONGRESS.—It is the sense of Con-

14 gress that the parent of a child who attends a school oper-
15 ated by the Department of Defense Education Activity has
16 parental rights as previously established by the Activity,
17 including the following:
18 (1) The right to information about the cur-
19 riculum and instructional materials of the school.
20 (2) The right to be informed if the school or
21 Department of Defense Education Activity alters the
22 school’s academic standards or learning benchmarks.
23 (3) The right to meet with each teacher of their
24 child not less than twice during each school year, in-
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1 cluding meetings in the form of parent-teacher con-
2 ferences.
3 (4) The right to information about the budget
4 of the school.
5 (5) The right to request information regarding
6 the professional qualifications of their child’s class-
7 room teacher.
8 (6) The right to address the school advisory
9 committee or the school board.
10 (7) The right to information about the school’s
11 discipline policy, including policies related to re-
12 sponding to any violent activity in the school.
13 (8) The right to information about any plans to
14 eliminate gifted and talented programs or acceler-
15 ated coursework at the school.
16 (9) The right to be informed of the results of
17 environmental testing and safety at school facilities.
19 date of the enactment of this Act and consistent with the
20 parental rights specified in subsection (a), the Director of
21 the Department of Defense Education Activity shall sub-
23 and the House of Representatives a report on the parental
24 rights specified in such subsection. The report shall in-
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1 clude, with respect to the schools operated by the Depart-
2 ment of Defense Education Activity, an explanation of—
3 (1) how and where a parent may access infor-
4 mation about their rights;
5 (2) the accessibility of that information;
6 (3) how such schools inform parents of their
7 rights and the means to access such rights; and
8 (4) the uniformity of parental rights across
9 such schools.
10 (c) DEFINITION.—In this section, the term ‘‘school
11 operated by the Department of Defense Education Activ-
12 ity’’ means—
13 (1) a Department of Defense domestic depend-
14 ent elementary or secondary school, as described in
15 section 2164 of title 10, United States Code; or
16 (2) any other elementary or secondary school or
17 program for dependents operated by the Department
18 of Defense Education Activity.
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1 Subtitle I—Decorations, Awards,
2 and Other Honors
3 SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS
4 FOR THE CORRECTION OF MILITARY
5 RECORDS TO REVIEW DETERMINATIONS RE-
6 GARDING CERTAIN DECORATIONS.

8 amended—
9 (1) by redesignating subsection (j) as sub-
10 section (k); and
11 (2) by inserting, after subsection (i), the fol-
13 ‘‘(j) For a recommendation to award or upgrade a
14 military decoration or award submitted pursuant to sec-
15 tion 1130 of this title, a board determination in favor of
16 the claimant shall allow such a recommendation to pro-
17 ceed, and an award or upgrade to be made by the applica-
18 ble award authority, without regard to the statutory time
19 limitation contained in section 7274, section 8298, or sec-
20 tion 9274 of this title, as the case may be.’’.
21 SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
22 (a) AUTHORIZATION FOR AWARD OF THE MEDAL OF
23 HONOR TO FRED MCGEE FOR ACTS OF VALOR ON JUNE

24 16, 1952.—
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1 (1) AUTHORIZATION.—Notwithstanding the
2 time limitations specified in section 7274 of title 10,
3 United States Code, or any other time limitation
4 with respect to the awarding of certain medals to
5 persons who served in the Armed Forces, the Presi-
6 dent may award the Medal of Honor under section
7 7272 of such title to Fred McGee for the acts of
8 valor described in the paragraph (2).
9 (2) ACTS OF VALOR DESCRIBED.—The acts of
10 valor described in this paragraph are the actions of
11 Fred McGee as a corporal in the Army on June 16,
12 1952, for which he was previously awarded the Sil-
13 ver Star.
14 (b) AUTHORIZATION FOR AWARD OF THE MEDAL OF
15 HONOR TO DAVID R. HALBRUNER FOR ACTS OF VALOR

16 ON SEPTEMBER 11-12, 2012.—
17 (1) AUTHORIZATION.—Notwithstanding the
18 time limitations specified in section 7274 of title 10,
19 United States Code, or any other time limitation
20 with respect to the awarding of certain medals to
21 persons who served in the Armed Forces, the Presi-
22 dent may award the Medal of Honor under section
23 7272 of such title to David R. Halbruner for the
24 acts of valor described in the paragraph (2).
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1 (2) ACTS OF VALOR DESCRIBED.—The acts of
2 valor described in this paragraph are the actions of
3 David R. Halbruner as a master sergeant in the
4 Army on September 11-12, 2012, for which he was
5 previously awarded the Distinguished-Service Cross.
6 SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S.
7 GRANT TO GRADE OF GENERAL OF THE AR-
8 MIES OF THE UNITED STATES.
9 The President is authorized to appoint Ulysses S.

10 Grant posthumously to the grade of General of the Armies
11 of the United States, equal to the rank and precedence
12 held by General John J. Pershing pursuant to the Act ti-
13 tled ‘‘An Act Relating to the creation of the office of Gen-
14 eral of the Armies of the United States’’, approved Sep-
15 tember 3, 1919 (41 Stat. 283, ch. 56).
16 SEC. 584. ENHANCED INFORMATION RELATED TO AWARD-
17 ING OF THE PURPLE HEART.
18 (a) PUBLICATION OF AWARD CRITERIA.—Not later

20 each Chief of an Armed Force shall publish on a publicly
21 available website of such Armed Force includes a link to—
22 (1) a description of the background of the Pur-
23 ple Heart;
24 (2) the eligibility criteria for awarding the Pur-
25 ple Heart; and
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1 (3) contact information for the awards and
2 decorations liaison of such Armed Force to facilitate
3 confirmation, by a veteran or a veteran’s next of kin,
4 whether a veteran was awarded the Purple Heart
5 after December 31, 2002.
7 of the enactment of this Act, each Chief of an Armed
8 Force shall submit to the congressional defense commit-
9 tees a report on implementation of the requirements under
10 subsection (a). The report shall—
11 (1) provide background on the website de-
12 scribed in such subsection;
13 (2) include the number of requests received by
14 the Armed Force related to confirming the award of
15 a Purple Heart;
16 (3) describe the average response time for con-
17 firming the award of a Purple Heart in response to
18 an inquiry from a veteran or next of kin; and
19 (4) include recommendations for decreasing the
20 amount of time taken to respond to such inquiries.
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1 Subtitle J—Miscellaneous Reports
2 and Other Matters
3 SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE
4 ARMED FORCES.

7 section:
8 ‘‘(h) Not later than April 1 each year, the Secretary
9 shall submit to Congress a report that sets forth the fol-
10 lowing with respect to personnel:
11 ‘‘(1) The number of members of the Armed
12 Forces who are not citizens of the United States
13 during the year covered by such report.
14 ‘‘(2) The immigration status of such members.
15 ‘‘(3) The number of such members natural-
16 ized.’’.
17 SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL
18 FORCES: MODIFICATIONS; CODIFICATION.
19 (a) REPEALS.—
20 (1) SUNSET.—Subsection (e) of section 597 of
23 note) is repealed.
24 (2) OBSOLETE PROVISION.—Subsection (f) of
25 such section is repealed.
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1 (b) DEFINITIONS: ADDITION; CLERICAL IMPROVE-
2 MENTS.—Subsection (d) of such section—
3 (1) is amended—
4 (A) by redesignating paragraphs (1), (2),
5 and (3) as paragraphs (3), (2), and (1), respec-
6 tively;
7 (B) by striking the heading of each such
8 paragraph; and
10 paragraph:
11 ‘‘(4) The term ‘surface combatant vessel’ means
12 any littoral combat ship (including the LCS–1 and
13 LCS–2 classes), frigate (including the FFG–62
14 class), destroyer (excluding the DDG–1000 class), or
15 cruiser (including the CG–47 class).’’; and
16 (2) is redesignated as subsection (e).
17 (c) ESTABLISHMENT OF CERTAIN CREWING RE-
18 QUIREMENT.—Such section is amended by inserting, after
19 subsection (c), the following new subsection (d):
20 ‘‘(d) CREWING OF A SURFACE COMBATANT VESSEL:
21 PROHIBITION; EXCEPTION.—(1) Beginning on October 1,
22 2025, the Secretary of the Navy may not assign more than
23 one crew to a covered ship that is a surface combatant
24 vessel if any surface combatant vessel was included in a
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1 notification under subsection (a) during the 12 months
2 preceding such assignment.
3 ‘‘(2) The prohibition under paragraph (1) shall not
4 apply to a littoral combat ship configured to conduct mine
5 countermeasures if the Secretary of the Navy submits to
6 the congressional defense committees a certification and
7 detailed explanation that such ship is unable to meet oper-
8 ational requirements regarding mine countermeasures, de-
9 termined by the commander of a combatant command con-
10 cerned, with only one crew.’’.
11 (d) CODIFICATION.—
12 (1) IN GENERAL.—Such section, as amended by
13 this section, is transferred to chapter 825 of title 10,
14 United States Code, inserted after section 8226, and
15 redesignated as section 8227.
17 tions at the beginning of such chapter is amended
18 by adding, after the item relating to section 8226,
19 the following new item:
‘‘8227. Notifications on manning of afloat naval forces.’’.
20 SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UP-
21 DATE CHAPLAINS HILL AT ARLINGTON NA-
22 TIONAL CEMETERY.

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1 2409 note) is amended by adding at the end the following
2 new paragraph:
3 ‘‘(4) AUTHORITY OF SECRETARY OF THE
4 ARMY.—The Secretary of the Army may permit

5 NCMAF to carry out any action authorized by this
6 subsection without regard to the time limitation
7 under section 2409(b)(2)(C) of title 38, United
8 States Code.’’.
9 SEC. 594. DISINTERMENT OF REMAINS OF ANDREW
10 CHABROL FROM ARLINGTON NATIONAL CEM-
11 ETERY.
12 (a) DISINTERMENT.—Not later than September 30,

13 2023, the Secretary of the Army shall disinter the remains
14 of Andrew Chabrol from Arlington National Cemetery.
15 (b) NOTIFICATION.—The Secretary of the Army may
16 not carry out subsection (a) until after notifying the next
17 of kin of Andrew Chabrol.
18 (c) DISPOSITION.—After carrying out subsection (a),
19 the Secretary of the Army shall—
20 (1) relinquish the remains to the next of kin de-
21 scribed in subsection (b); or
22 (2) if no such next of kin responds to notifica-
23 tion under subsection (b), arrange for disposition of
24 the remains as the Secretary of the Army deter-
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1 SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSON-
2 ALLY OWNED FIREARMS.
3 (a) ESTABLISHMENT.—The Secretary of Defense

4 shall establish a pilot program to promote the safe storage
5 of personally owned firearms.
6 (b) ELEMENTS.—Under the pilot program under sub-
7 section (a), the Secretary of Defense shall furnish to mem-
8 bers of the Armed Forces who are participating in the
9 pilot program at military installations selected under sub-
10 section (e) locking devices or firearm safes, or both, for
11 the purpose of securing personally owned firearms when
12 not in use (including by directly providing, subsidizing, or
13 otherwise making available such devices or safes).
14 (c) PARTICIPATION.—
15 (1) VOLUNTARY PARTICIPATION.—Participation
16 by members of the Armed Forces in the pilot pro-

17 gram under subsection (a) shall be on a voluntary
18 basis.
19 (2) LOCATION OF PARTICIPANTS.—A member
20 of the Armed Forces may participate in the pilot
21 program under subsection (a) carried out at a mili-
22 tary installation selected under subsection (e) re-
23 gardless of whether the member resides at the mili-
24 tary installation.
25 (d) PLAN.—Not later than one year after the date
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2 Senate and the House of Representatives a plan for the
3 implementation of the pilot program under subsection (a).
4 (e) SELECTION OF INSTALLATIONS.—Not later than
5 two years after the date of the enactment of this Act, the
6 Secretary of Defense shall select not fewer than five mili-
7 tary installations at which to carry out the pilot program
9 (f) EFFECT ON EXISTING POLICIES.—Nothing in
10 this section shall be construed to circumvent or undermine
11 any existing safe storage policies, laws, or regulations on
12 military installations.
13 (g) REPORT.—Upon the termination under sub-
14 section (h) of the pilot program under subsection (a), the
16 fense committees a report containing the following infor-
17 mation:
18 (1) The number and type of locking devices and
19 firearm safes furnished to members of the Armed
20 Forces under the pilot program.
21 (2) The cost of carrying out the pilot program.
22 (3) An analysis of the effect of the pilot pro-
23 gram on suicide prevention.
24 (4) Such other information as the Secretary
25 may determine appropriate, which shall exclude any
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1 personally identifiable information about partici-
2 pants in the pilot program.
3 (h) TERMINATION.—The pilot program under sub-
4 section (a) shall terminate on the date that is six years
6 SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE
7 OR ISOLATED MILITARY INSTALLATIONS.
8 (a) DETERMINATION.—Not later than 180 days after

10 Defense shall determine whether it is feasible and advis-
11 able to carry out a pilot program to allow car sharing on
12 more than two remote or isolated military installations.
13 (b) AUTHORITY.—If the Secretary determines that
14 such a pilot program is feasible and advisable, the Sec-
15 retary shall submit to the congressional defense commit-
16 tees a plan to carry out the pilot program not later than
17 90 days after such determination.
18 (c) PROGRAM ELEMENTS.—To carry out a pilot pro-
19 gram under this section, the Secretary shall take steps in-
20 cluding the following:
21 (1) Seek to enter into an agreement with an en-
22 tity that—
23 (A) provides car sharing services; and
24 (B) is capable of serving the selected mili-
25 tary installations.
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1 (2) Provide to members assigned to such mili-
2 tary installations the resources the Secretary deter-
3 mines necessary to participate in such pilot program.
4 (3) Promote such pilot program to such mem-
5 bers as the Secretary determines.
6 (d) DURATION.—A pilot program under this section
7 shall terminate two years after the Secretary commences
8 such pilot program.
9 (e) REPORT.—Upon the termination of a pilot pro-
10 gram under this section, the Secretary of Defense shall
12 containing the following information:
13 (1) The number of individuals who used car
14 sharing services offered pursuant to the pilot pro-
15 gram.
16 (2) The cost to the United States of the pilot
17 program.
18 (3) An analysis of the effect of the pilot pro-
19 gram on mental health and community connected-
20 ness of members described in subsection (b)(2).
21 (4) Other information the Secretary determines
22 appropriate.
23 (f) MILITARY INSTALLATION DEFINED.—In this sec-
24 tion, the term ‘‘military installation’’ has the meaning
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1 given such term in section 2801 of title 10, United States
2 Code.
3 SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLA-
4 TION ON MEMBERS OF THE ARMED FORCES.
5 The Secretary of Defense shall submit to the Com-

6 mittees on Armed Services of the Senate and House of
7 Representatives a briefing on the extent to which economic
8 inflation has affected members of the Armed Forces.
9 SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING
10 FOR MEMBERS OF THE ARMED FORCES
11 OVERSEAS.
12 (a) STUDY REQUIRED.—The Director of the Federal

13 Voting Assistance Program of the Department of Defense
14 shall conduct a study on means of improving access to vot-
15 ing for members of the Armed Forces overseas.
16 (b) REPORT.—Not later than September 30, 2024,
17 the Director shall submit to Congress a report on the re-
18 sults of the study conducted under subsection (a). The re-
19 port shall include the following:
20 (1) The results of a survey, undertaken for pur-
21 poses of the study, of Voting Assistance Officers and
22 members of the Armed Forces overseas on means of
23 improving access to voting for such members, includ-
24 ing through the establishment of unit-level assist-
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1 ance mechanisms or permanent voting assistance of-
2 fices.
3 (2) An estimate of the costs and requirements
4 in connection with an expansion of the number of
5 Voting Assistance Officers in order to fully meet the
6 needs of members of the Armed Forces overseas for
7 access to voting.
8 (3) A description and assessment of various ac-
9 tions to be undertaken under the Federal Voting As-
10 sistance Program in order to increase the capabili-
11 ties of the Voting Assistance Officer program.
12 SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES
13 BY MILITARY JOB CODE.
14 (a) REPORT.—Not later than December 31, 2023,

15 the Secretary of Defense, in coordination with the Sec-
16 retary of Homeland Security with regards to the Coast
17 Guard, shall conduct a review and submit to the Commit-
19 resentatives a report on the rates of suicides in the Armed
20 Forces, beginning after September 11, 2001,
21 disaggregated by—
22 (1) year;
23 (2) military job code (Army military occupa-
24 tional specialty, Navy enlisted classification or billet,
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1 Marine Corps military occupational specialty, Air
2 Force specialty code, or Coast Guard rating); and
3 (3) whether the member was serving on active
4 duty, in the National Guard, or as a Reserve.
5 (b) ELEMENTS.—The report required under sub-
6 section (a) shall include the following elements:
7 (1) A compilation of suicide data by military
8 job code to determine which military career fields
9 have a higher per capita suicide rate compared to—
10 (A) other military career fields for the
11 same period;
12 (B) the overall suicide rate for each Armed
13 Force for the same period;
14 (C) the overall suicide rate for the Depart-
15 ment of Defense for the same period; and
16 (D) the national suicide rate for the same
17 period.
18 (2) A disaggregation of suicide data by age cat-
19 egories consistent with the age categories used in the
20 Department of Defense Annual Suicide Report.
21 (c) INTERIM BRIEFING.—Not later than June 1,
22 2023, the Secretary of Defense shall provide to the Com-
24 Representatives a briefing on the preliminary findings of
25 the review conducted under this section.
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1 SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RE-
2 SPOND TO DEATHS BY SUICIDE IN THE NAVY.
3 (a) REVIEW REQUIRED.—The Inspector General of

4 the Department of Defense shall conduct a review of the
5 efforts by the Secretary of the Navy to—
6 (1) prevent incidents of deaths by suicide, sui-
7 cide attempts, and suicidal ideation among covered
8 members; and
9 (2) respond to such incidents.
10 (b) ELEMENTS OF REVIEW.—The study conducted
11 under subsection (a) shall include an assessment of each
12 of the following:
13 (1) The extent of data collected regarding inci-
14 dents of deaths by suicide, suicide attempts, and sui-
15 cidal ideation among covered members, including
16 data regarding whether such covered members are
17 assigned to sea duty or shore duty at the time of
18 such incidents.
19 (2) The means used by commanders to prevent
20 and respond to incidents of deaths by suicide, sui-
21 cide attempts, and suicidal ideation among covered
22 members.
23 (3) Challenges related to—
24 (A) the prevention of incidents of deaths
25 by suicide, suicide attempts, and suicidal idea-
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1 tion among members of the Navy assigned to
2 sea duty; and
3 (B) the development of a response to such
4 incidents.
5 (4) The capacity of teams providing mental
6 health services to covered members to respond to in-
7 cidents of suicidal ideation or suicide attempts
8 among covered members in the respective unit each
9 such team serves.
10 (5) The means used by such teams to respond
11 to such incidents, including the extent to which post-
12 incident programs are available to covered members.
13 (6) Such other matters as the Inspector Gen-
14 eral considers appropriate in connection with the
15 prevention of deaths by suicide, suicide attempts,
16 and suicidal ideation among covered members.
17 (c) REPORT REQUIRED.—Not later than 180 days
18 after the date of the enactment of this Act, the Inspector
19 General of the Department of Defense shall submit to the
21 of Representatives a report that includes a summary of
22 the results of the review conducted under subsection (a).
23 (d) COVERED MEMBER DEFINED.—In this section
24 the term ‘‘covered member’’ means a member of the Navy
25 assigned to sea duty or shore duty.
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1 SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGE-
2 MENT AND THE DEVELOPMENT OF THE PRO-
3 FESSIONAL MILITARY ETHIC OF THE SPACE
4 FORCE.
5 (a) REPORT REQUIRED.—Not later than June 1,

6 2023, the Secretary of the Air Force shall submit to the
8 of Representatives a report on officer personnel manage-
9 ment and the development of the professional military
10 ethic of the Space Force.
12 section (a) shall include the following elements:
13 (1) A description of issues related to officer de-
14 velopment in the Space Force, including—
16 model for professional education of, and con-
17 tinual learning for, officers of the Space Force;
18 (B) the career development model for offi-
19 cers of the Space Force, including key knowl-
20 edge, skills, and attributes expected of Space
21 Force officers at each of the company grade,
22 field grade, and general officer levels;
23 (C) desired career trajectories for Space
24 Force officers, including key assignments
25 throughout identified Space Force career tracks
26 and how the flexibility of the Space Force Com-
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527
1 ponent proposal will be used to achieve these
2 desired career paths;
3 (D) how proposed constructive credit for
4 civilian education and non-military experience
5 in related space industry or government sectors
6 will align with the proposed PME and career
7 development models; and
8 (E) how the Space Force Component pro-
9 posal will enable officers to achieve joint quali-
10 fications required for promotion to general offi-
11 cer.
12 (2) A description of issues related to officer ac-
13 cessions of the Space Force, including—
14 (A) the expected sources of commissioning
15 for officers of the Space Force, including the
16 desired proportions of officer assessments from
17 the Reserve Officer Training Corps, military
18 service academies, Officer Training School, and
19 direct commissions at each grade above O-1;
20 (B) the role of proposed constructive credit
21 for civilian education and non-military experi-
22 ence in accessing officers at each grade above
23 O-1 and the extent to which the Space Force
24 plans to grant constructive credit in deter-
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1 mining an officer’s entry grade at each grade
2 above O-1; and
3 (C) the role of targeted recruiting, as de-
4 scribed in the Guardian Ideal, for officer acces-
5 sions, including how it will work, how frequently
6 it will be used, for what positions, and how it
7 will fit into overall officer accessions.
8 (3) A description of issues related to the profes-
9 sional military ethic of the Space Force, including—
10 (A) how the proposed talent management
11 system, career development model, PME model,
12 and proposed Space Force Component structure
13 will affect the development of a unique military
14 culture of the Space Force as an Armed Force
15 with space as a warfighting domain;
16 (B) the role of the professional military
17 ethic in the Space Force, including expectations
18 of commissioned officers as public servants and
19 military leaders;
20 (C) the expected role of civilian employees
21 of the Space Force in the development and
22 stewardship of the Space Force as an Armed
23 Force, and how such employees are distinct
24 from members of the Space Force;
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1 (D) the ethical implications of creating a
2 force that is designed to ‘‘partner effectively
3 with other space-interested entities,’’ as de-
4 scribed in the Guardian Ideal, and how the
5 Space Force intends to address any ethical con-
6 flicts arising from its desired close partnership
7 with non-military and non-governmental entities
8 in private industry; and
9 (E) the specific barriers between officers,
10 enlisted members, and civilian employees that
11 are described as ‘‘unnecessary’’ in the Guardian
12 Ideal, how and why such barriers are unneces-
13 sary for the Space Force, and any statutory or
14 policy changes the Space Force proposes to re-
15 move such barriers, including any proposed
16 changes to the Uniform Code of Military Jus-
17 tice.
18 (4) Any other issues related to personnel man-
19 agement and professional development of officers of
20 the Space Force that the Secretary of the Air Force
23 (1) The term ‘‘Guardian Ideal’’ means the doc-
24 ument with that title, dated September 17, 2021,
25 and issued by the Chief of Space Operations.
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1 (2) The term ‘‘PME’’ means professional mili-
2 tary education.
3 TITLE VI—COMPENSATION AND
4 OTHER PERSONNEL BENEFITS
Subtitle A—Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay authori-
ties.
Sec. 602. Increase to maximum amounts of certain bonus and special pay au-
thorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay;
travel allowance for members of the Armed Forces assigned to
Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B—Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of eligibility for
basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance for hous-
ing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing for
members of the Armed Forces whose sole dependent dies while
residing with the member.
Sec. 614. Basic allowance for housing for members without dependents when
home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for cer-
tain members assigned to the Defense Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who transfer to
the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to certain con-
gressional committees.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex overhaul.

Sec. 622. Expansion of authority to reimburse a member of the uniformed serv-
ices for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse relicensing
costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs to
relocate a pet that arise from a permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of the
Armed Forces who attend a professional military education in-
stitution or training classes.
Sec. 626. Conforming amendments to update references to travel and transpor-
tation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or
assignment.
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Subtitle D—Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.

Sec. 632. Modification of authority to allow members of the Armed Forces to
accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E—Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a deceased mem-
ber of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection; training; re-
port.
Subtitle F—Defense Resale Matters

Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur
Autonomous Region in commissaries and exchanges.
Subtitle G—Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.

Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces: study;
report.
1 Subtitle A—Bonus and Incentive

2 Pays
3 SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING
4 BONUS AND SPECIAL PAY AUTHORITIES.
5 (a) AUTHORITIES RELATING TO RESERVE

6 FORCES.—Section 910(g) of title 37, United States Code,
7 relating to income replacement payments for reserve com-
8 ponent members experiencing extended and frequent mo-
9 bilization for active duty service, is amended by striking
10 ‘‘December 31, 2022’’ and inserting ‘‘December 31,
11 2023’’.
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1 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH
2 CARE PROFESSIONALS.—The following sections of title
3 10, United States Code, are amended by striking ‘‘Decem-
4 ber 31, 2022’’ and inserting ‘‘December 31, 2023’’:
5 (1) Section 2130a(a)(1), relating to nurse offi-
6 cer candidate accession program.
7 (2) Section 16302(d), relating to repayment of
8 education loans for certain health professionals who
9 serve in the Selected Reserve.
10 (c) AUTHORITIES RELATING TO NUCLEAR OFFI-
11 CERS.—Section 333(i) of title 37, United States Code, is
12 amended by striking ‘‘December 31, 2022’’ and inserting
13 ‘‘December 31, 2023’’.
14 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
15 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
16 THORITIES.—The following sections of title 37, United
17 States Code, are amended by striking ‘‘December 31,
18 2022’’ and inserting ‘‘December 31, 2023’’:
19 (1) Section 331(h), relating to general bonus
20 authority for enlisted members.
21 (2) Section 332(g), relating to general bonus
22 authority for officers.
23 (3) Section 334(i), relating to special aviation
24 incentive pay and bonus authorities for officers.
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1 (4) Section 335(k), relating to special bonus
2 and incentive pay authorities for officers in health
3 professions.
4 (5) Section 336(g), relating to contracting
5 bonus for cadets and midshipmen enrolled in the
6 Senior Reserve Officers’ Training Corps.
7 (6) Section 351(h), relating to hazardous duty
8 pay.
9 (7) Section 352(g), relating to assignment pay
10 or special duty pay.
11 (8) Section 353(i), relating to skill incentive
12 pay or proficiency bonus.
13 (9) Section 355(h), relating to retention incen-
14 tives for members qualified in critical military skills
15 or assigned to high priority units.
16 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE
17 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section
18 403(b) of title 37, United States Code, is amended—
19 (1) in paragraph (7)(E), by striking ‘‘December
20 31, 2022’’ and inserting ‘‘December 31, 2023’’; and
21 (2) in paragraph (8)(C), by striking ‘‘Sep-
22 tember 30, 2022’’ and inserting ‘‘December 31,
23 2023’’.
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1 SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN
2 BONUS AND SPECIAL PAY AUTHORITIES.
3 (a) GENERAL BONUS AUTHORITY FOR ENLISTED

4 MEMBERS.—Section 331(c)(1) of title 37, United States
6 (1) in subparagraph (A), by striking ‘‘$50,000’’
7 and inserting ‘‘$75,000’’; and
8 (2) in subparagraph (B), by striking ‘‘$30,000’’
9 and inserting ‘‘$50,000’’.
10 (b) SPECIAL BONUS AND INCENTIVE PAY AUTHORI-
11 TIES FOR NUCLEAR OFFICERS.—Section 333(d)(1)(A) of
12 title 37, United States Code, is amended by striking
13 ‘‘$50,000’’ and inserting ‘‘$75,000’’.
14 (c) SPECIAL AVIATION INCENTIVE PAY AND BONUS
15 AUTHORITIES FOR OFFICERS.—Section 334(c)(1) of title
17 (1) in subparagraph (A), by striking ‘‘$1,000’’
18 and inserting ‘‘$1,500’’; and
19 (2) in subparagraph (B), by striking ‘‘$35,000’’
20 and inserting ‘‘$50,000’’.
21 (d) SKILL INCENTIVE PAY OR PROFICIENCY
22 BONUS.—Section 353(c)(1)(A) of title 37, United States
23 Code, is amended by striking ‘‘$1,000’’ and inserting
24 ‘‘$1,750’’.
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1 SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF AS-
2 SIGNMENT OR SPECIAL DUTY PAY; TRAVEL
3 ALLOWANCE FOR MEMBERS OF THE ARMED
4 FORCES ASSIGNED TO ALASKA.
5 (a) PAY.—Section 352(a)(2) of title 37, United

6 States Code, is amended by inserting ‘‘(including a cold
7 weather location)’’ after ‘‘location’’.
8 (b) TRAVEL ALLOWANCE.—
9 (1) ESTABLISHMENT.—During the period speci-
10 fied in paragraph (5), the Secretary of a military de-
11 partment shall reimburse an eligible member of the
12 armed forces for the cost of airfare for that member
13 to travel to the home of record of the member.
14 (2) ELIGIBLE MEMBERS.—A member of the
15 armed forces is eligible for a reimbursement under
16 paragraph (1) if—
17 (A) the member is assigned to a duty loca-
18 tion in Alaska; and
19 (B) an officer in a grade above O–5 in the
20 chain of command of the member authorizes
21 the travel of the member.
22 (3) TREATMENT OF TIME AS LEAVE.—The time
23 during which an eligible member is absent from duty
24 for travel reimbursable under paragraph (1) shall be
25 treated as leave for purposes of section 704 of title
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1 (4) BRIEFING REQUIRED.—Not later than Feb-
2 ruary 1, 2024, the Secretary shall provide to the
4 the House of Representatives a briefing on—
5 (A) the use and effectiveness of reimburse-
6 ments under paragraph (1);
7 (B) the calculation and use of the cost of
8 living allowance for a member assigned to a
9 duty location in Alaska; and
10 (C) the use of special pays and other allow-
11 ances as incentives for cold weather proficiency
12 or duty location.
13 (5) PERIOD SPECIFIED.—The period specified
14 in this paragraph is the period—
15 (A) beginning on the date of the enactment
16 of this Act; and
17 (B) ending on December 31, 2023.
18 SEC. 604. AIR FORCE RATED OFFICER RETENTION DEM-
19 ONSTRATION PROGRAM.
20 (a) PROGRAM REQUIREMENT.—The Secretary shall

21 establish and carry out within the Department of the Air
22 Force a demonstration program to assess and improve re-
23 tention on active duty in the Air Force of rated officers
24 described in subsection (b).
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1 (b) RATED OFFICERS DESCRIBED.—Rated officers
2 described in this subsection are rated officers serving on
3 active duty in the Air Force, excluding rated officers with
4 a reserve appointment in the Air National Guard or Air
5 Force Reserve—
6 (1) whose continued service on active duty
7 would be in the best interest of the Department of
8 the Air Force, as determined by the Secretary; and
9 (2) who have not more than three years and not
10 less than one year remaining on an active duty serv-
11 ice obligation under section 653 of title 10, United
12 States Code.
13 (c) WRITTEN AGREEMENT.—
14 (1) IN GENERAL.—Under the demonstration
15 program required under subsection (a), the Sec-
16 retary shall offer retention incentives under sub-
17 section (d) to a rated officer described in subsection
18 (b) who executes a written agreement to remain on
19 active duty in a regular component of the Air Force
20 for not less than four years after the completion of
21 the active duty service obligation of the officer under
22 section 653 of title 10, United States Code.
23 (2) EXCEPTION.—If the Secretary of the Air
24 Force determines that an assignment previously
25 guaranteed under subsection (d)(1) to a rated officer
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1 described in subsection (b) cannot be fulfilled, the
2 agreement of the officer under paragraph (1) to re-
3 main on active duty shall expire not later than one
4 year after that determination.
5 (d) RETENTION INCENTIVES.—
6 (1) GUARANTEE OF FUTURE ASSIGNMENT LO-
7 CATION.—Under the demonstration program re-

8 quired under subsection (a), the Secretary may offer
9 to a rated officer described in subsection (b) a guar-
10 antee of future assignment locations based on the
11 preference of the officer.
12 (2) AVIATION BONUS.—Under the demonstra-
13 tion program required under subsection (a), notwith-
14 standing section 334(c) of title 37, United States
15 Code, the Secretary may pay to a rated officer de-
16 scribed in subsection (b) an aviation bonus not to
17 exceed an average annual amount of $50,000 (sub-
18 ject to paragraph (3)(B)).
19 (3) COMBINATION OF INCENTIVES.—The Sec-
20 retary may offer to a rated officer described in sub-
21 section (b) a combination of incentives under para-
22 graphs (1) and (2).
23 (e) ANNUAL BRIEFING.—Not later than December
24 31, 2023, and annually thereafter until the termination
25 of the demonstration program required under subsection
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1 (a), the Secretary shall provide to the Committees on
3 atives a briefing describing the use of such demonstration
4 program and its effects on the retention on active duty
5 in the Air Force of rated officers described in subsection
6 (b).
8 (1) RATED OFFICER.—The term ‘‘rated officer’’
9 means an officer specified in section 9253 of title
11 (2) SECRETARY.—The term ‘‘Secretary’’ means
12 the Secretary of the Air Force.
13 (g) TERMINATION.—This section shall terminate on
14 December 31, 2028.
15 Subtitle B—Allowances Other Than
16 Travel and Transportation Al-
17 lowances
18 SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME
19 FOR PURPOSES OF ELIGIBILITY FOR BASIC
20 NEEDS ALLOWANCE.
21 (a) IN GENERAL.—Section 402b(b) of title 37,

23 (1) by striking ‘‘130 percent’’ both places it ap-
24 pears and inserting ‘‘150 percent’’; and
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1 (A) by inserting ‘‘(A)’’ before ‘‘the gross’’;
2 (B) by striking ‘‘; and’’ and inserting ‘‘;
3 or’’; and
4 (C) by inserting at the end the following:
5 ‘‘(B) if the Secretary concerned determines it
6 appropriate (based on location, household need, or
7 special circumstance), the gross household income of
8 the member during the most recent calendar year
9 did not exceed an amount equal to 200 percent of
10 the Federal poverty guidelines of the Department of
11 Health and Human Services for the location of the
12 member and the number of individuals in the house-
13 hold of the member for such year; and’’.
14 (b) IMPLEMENTATION.—Not later than January 1,
15 2024, the Secretary concerned (as defined in section 101
16 of title 37, United States Code) shall modify the calcula-
17 tion of the basic needs allowance under section 402b of
18 title 37, United States Code, to implement the amend-
19 ments made by subsection (a).
20 SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY AD-
21 JUST BASIC ALLOWANCE FOR HOUSING IN
22 CERTAIN AREAS.
23 Section 403(b)(8)(C) of title 37, United States Code,

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1 SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC
2 ALLOWANCE FOR HOUSING FOR MEMBERS
3 OF THE ARMED FORCES WHOSE SOLE DE-
4 PENDENT DIES WHILE RESIDING WITH THE
5 MEMBER.
6 (a) AUTHORITY.—Section 403 of title 37, United

7 States Code, as amended by section 612, is further amend-
8 ed—
9 (1) by redesignating subsections (m) through
10 (p) as subsections (n) through (q); and
11 (2) by inserting after subsection (l) the fol-
12 lowing new subsection (m):
13 ‘‘(m) TEMPORARY CONTINUATION OF RATE OF
14 BASIC ALLOWANCE FOR MEMBERS OF THE ARMED

15 FORCES WHOSE SOLE DEPENDENT DIES WHILE RESID-
16 ING WITH THE MEMBER.—(1) Notwithstanding sub-
17 section (a)(2) or any other section of law, the Secretary
18 of Defense or the Secretary of the Department in which
19 the Coast Guard is operating, may, after the death of the
20 sole dependent of a member of the armed forces, continue
21 to pay a basic allowance for housing to such member at
22 the rate paid to such member on the date of such death
23 if—
24 ‘‘(A) such sole dependent dies—
25 ‘‘(i) while the member is on active duty;
26 and
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1 ‘‘(ii) while residing with the member, un-
2 less separated by the necessity of military serv-
3 ice or to receive institutional care as a result of
4 disability or incapacitation or under such other
5 circumstances as the Secretary concerned may
6 by regulation prescribe; and
7 ‘‘(B) the member is not occupying a housing fa-
8 cility under the jurisdiction of the Secretary con-
9 cerned on the date of the death of the sole depend-
10 ent.
11 ‘‘(2) The continuation of the rate of an allowance
12 under this subsection shall terminate upon the earlier of
13 the following to occur:
14 ‘‘(A) The day that is one year after the date of
15 the death of the sole dependent.
16 ‘‘(B) The permanent change of station, or per-
17 manent change of assignment with movement of per-
18 sonal property and household goods under section
19 453(c) of this title, of the member.’’.
20 (b) CONFORMING AMENDMENT.—Section 2881a(c)
21 of title 10, United States Code, is amended by striking
22 ‘‘section 403(n)’’ and inserting ‘‘section 403(o)’’.
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1 SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS
2 WITHOUT DEPENDENTS WHEN HOME PORT
3 CHANGE WOULD FINANCIALLY DISADVAN-
4 TAGE MEMBER.
5 Subsection (p) of section 403 of title 37, United

6 States Code, as redesignated by section 612, is further
7 amended in subsection (p)—
8 (1) in the subsection heading, by striking
9 ‘‘LOW-COST AND NO-COST’’ and inserting ‘‘CER-
10 TAIN’’;
11 (2) by inserting ‘‘(1)’’ before ‘‘In the case of a

12 member who is assigned’’; and
14 paragraph:
15 ‘‘(2)(A) In the case of a member without dependents
16 who is assigned to a unit that undergoes a change of home
17 port or a change of permanent duty station, if the Sec-
18 retary concerned determines that it would be inequitable
19 to base the member’s entitlement to, and amount of, a
20 basic allowance for housing on the new home port or per-
21 manent duty station, the Secretary concerned may—
22 ‘‘(i) waive the requirement to base the mem-
23 ber’s entitlement to, and amount of, a basic allow-
24 ance for housing on the new home port or perma-
25 nent duty station member; and
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1 ‘‘(ii) treat that member for the purposes of this
2 section as if the unit to which the member is as-
3 signed did not undergo such a change.
4 ‘‘(B) The Secretary concerned may grant a waiver
5 under subparagraph (A) to not more than 100 members
6 in a calendar year.
7 ‘‘(C) Not later than March 1 of each calendar year,
8 the Secretary concerned shall provide a briefing to the
9 Committees on Armed Services of the Senate and the
10 House of Representatives on the use of the authority pro-
11 vided by subparagraph (A) during the preceding calendar
12 year that includes—
13 ‘‘(i) the number of members granted a waiver
14 under subparagraph (A) during that year; and
15 ‘‘(ii) for each such waiver, an identification of—
16 ‘‘(I) the grade of the member;
17 ‘‘(II) the home port or permanent duty
18 station of the unit to which the member is as-
19 signed before the change described in subpara-
20 graph (A); and
21 ‘‘(III) the new home port or permanent
22 duty station of that unit.
23 ‘‘(D) This paragraph shall cease to be effective on
24 December 31, 2027.’’.
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1 SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ES-
2 TABLISHING BENEFITS FOR CERTAIN MEM-
3 BERS ASSIGNED TO THE DEFENSE INTEL-
4 LIGENCE AGENCY.
5 (a) REVIVIAL.—Section 491 of title 37, United States

6 Code—
7 (1) is revived to read as it did immediately be-
8 fore its repeal under section 604 of the National De-
10 lic Law 117–81); and
11 (2) is redesignated as section 431 of such title.
13 at the beginning of chapter 7 of such title is amended by
14 inserting, after the item relating to section 427, the fol-
15 lowing new item:
‘‘431. Benefits for certain members assigned to the Defense Intelligence Agen-
cy.’’.
16 SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE
17 FOR OFFICERS WHO TRANSFER TO THE
18 SPACE FORCE.
19 Subsection (d)(1) of section 606 of the William M.

21 Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3672;
22 37 U.S.C. 416 note) is amended by striking ‘‘September
23 30, 2022’’ and inserting ‘‘September 30, 2023’’.
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1 SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUST-
2 MENTS; NOTICE TO CERTAIN CONGRES-
3 SIONAL COMMITTEES.
4 (a) ADJUSTMENTS.—
5 (1) REDUCTIONS: LIMITATION.—The Secretary
6 of Defense and the Secretary of the Department in
7 which the Coast Guard is operating may reduce the
8 cost-of-living allowance for a member of the Armed
9 Forces assigned to a duty station located outside the
10 United States—
11 (A) not more than once every six months;
12 or
13 (B) in connection with a permanent change
14 of station for such member.
15 (2) INCREASES.—The Secretary of Defense and
16 the Secretary of the Department in which the Coast
17 Guard is operating may increase the allowance de-
18 scribed in paragraph (1) for a member of the Armed
19 Forces at any time.
20 (b) NOTICE.—The Secretary of Defense shall notify
22 House of Representatives not less than 180 days before
23 modifying a table used to calculate the living allowance
24 described in subsection (a).
25 (c) BRIEFING.—Not later than March 1, 2023, the
26 Secretary of Defense shall submit to the Committees on
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2 tives a briefing containing—
3 (1) the determination of the Secretary regard-
4 ing the effects of this section on the allowance de-
5 scribed in subsection (a);
6 (2) an assessment of the representative market
7 basket of goods and services used to determine such
8 allowance, including the methodology to identify
9 such market basket and the frequency with which
10 such allowance is adjusted; and
11 (3) the methodology and process by which sur-
12 veys regarding such allowance are updated, including
13 the average response rates and the efforts under-
14 taken to ensure a representative sample of bene-
15 ficiaries are surveyed.
16 Subtitle C—Travel and
17 Transportation Allowances
18 SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION AL-
19 LOWANCES: COMPLEX OVERHAUL.

21 amended, in subsection (b)—
22 (1) by redesignating the second paragraph (18)
23 as paragraph (21); and
25 paragraphs:
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1 ‘‘(22) Permanent change of assignment to or
2 from a naval vessel undergoing nuclear refueling or
3 defueling and any concurrent complex overhaul, even
4 if such assignment is within the same area as the
5 current assignment of the member.
6 ‘‘(23) Current assignment to a naval vessel en-
7 tering or exiting nuclear refueling or defueling and
8 any concurrent complex overhaul.’’.
9 SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A
10 MEMBER OF THE UNIFORMED SERVICES FOR
11 SPOUSAL BUSINESS COSTS ARISING FROM A
12 PERMANENT CHANGE OF STATION.

14 States Code, is amended, in subsection (g)—
15 (1) in the heading, by inserting ‘‘OR BUSINESS
16 COSTS’’ after ‘‘RELICENSING COSTS’’;
17 (2) in paragraph (1), by inserting ‘‘or qualified
18 business costs’’ after ‘‘qualified relicensing costs’’;
20 (A) by inserting ‘‘(A)’’ before ‘‘Reimburse-
21 ment’’;
22 (B) by inserting ‘‘for qualified relicensing
23 costs’’ after ‘‘subsection’’;
24 (C) by striking ‘‘$1000’’ and inserting
25 ‘‘$1,000’’; and
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1 (D) by adding at the end the following new
2 subparagraph:
3 ‘‘(B) Reimbursement provided to a member under
4 this subsection for qualified business costs may not exceed
5 $1,000 in connection with each reassignment described in
6 paragraph (1).’’;
7 (4) in paragraph (3), by inserting ‘‘or qualified
8 business costs’’ after ‘‘qualified relicensing costs’’;
10 (A) in the matter preceding subparagraph
11 (A), by inserting ‘‘business license, permit,’’
12 after ‘‘courses,’’;
13 (B) in subparagraph (A)—
14 (i) by inserting ‘‘, or owned a busi-
15 ness,’’ before ‘‘during’’;
16 (ii) by inserting ‘‘professional’’ before
17 ‘‘license’’; and
18 (iii) by inserting ‘‘, or business license
19 or permit,’’ after ‘‘certification’’; and
20 (C) in subparagraph (B)—
21 (i) by inserting ‘‘professional’’ before
22 ‘‘license’’; and
23 (ii) by inserting ‘‘, or business license
24 or permit,’’ after ‘‘certification’’; and
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2 paragraph:
3 ‘‘(5) In this subsection, the term ‘qualified business
4 costs’ means costs, including moving services for equip-
5 ment, equipment removal, new equipment purchases, in-
6 formation technology expenses, and inspection fees, in-
7 curred by the spouse of a member if—
8 ‘‘(A) the spouse owned a business during the
9 member’s previous duty assignment and the costs re-
10 sult from a movement described in paragraph (1)(B)
11 in connection with the member’s change in duty lo-
12 cation pursuant to reassignment described in para-
13 graph (1)(A); and
14 ‘‘(B) the costs were incurred or paid to move
15 such business to a new location in connection with
16 such reassignment.’’.
18 date of the enactment of this Act, each Secretary of a mili-
19 tary department shall submit to the Committees on Armed
21 briefing regarding implementation of the amendments
22 made by subsection (a), including—
23 (1) the number of times such Secretary used
24 the authority under such amendments; and
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1 (2) the costs to the Federal Government arising
2 from such usage.
3 SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEM-
4 BERS FOR SPOUSE RELICENSING COSTS PUR-
5 SUANT TO A PERMANENT CHANGE OF STA-
6 TION.
7 Section 453 of title 37, United States Code, as

8 amended by section 622, is further amended, in subsection
9 (g)(3), by striking ‘‘December 31, 2024’’ and inserting
10 ‘‘December 31, 2029’’.
11 SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNI-
12 FORMED SERVICES FOR COSTS TO RELOCATE
13 A PET THAT ARISE FROM A PERMANENT
14 CHANGE OF STATION.

16 amended by sections 622, and 623, is further amended
17 by adding at the end the following new subsection:
18 ‘‘(h) REIMBURSEMENT FOR TRANSPORTATION OF
19 PETS ARISING FROM CERTAIN PERMANENT CHANGES OF
20 STATIONS.—(1) The Secretary concerned may reimburse

21 a member for any cost related to the relocation of a pet
22 that arises from a permanent change of station of such
23 member within the continental United States. Such reim-
24 bursement may not exceed $550 for each such permanent
25 change of station.
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1 ‘‘(2) The Secretary concerned may reimburse a mem-
2 ber for any cost related to the relocation of a pet that
3 arises from a permanent change of station of such member
4 to or from a duty station located outside the continental
5 United States. Such reimbursement may not exceed
6 $4,000 for each such permanent change of station.’’.
7 SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES
8 FOR CERTAIN MEMBERS OF THE ARMED
9 FORCES WHO ATTEND A PROFESSIONAL
10 MILITARY EDUCATION INSTITUTION OR
11 TRAINING CLASSES.

13 amended by sections 622, 623, and 624, is further amend-
14 ed by adding at the end the following new subsection:
15 ‘‘(i) ATTENDANCE AT PROFESSIONAL MILITARY
16 EDUCATION INSTITUTION OR TRAINING CLASSES.—
17 ‘‘(1) The Secretary of the military department
18 concerned may authorize temporary duty status, and
19 travel and transportation allowances payable to a
20 member in such status, for a member under the ju-
21 risdiction of such Secretary who is reassigned—
22 ‘‘(A) between duty stations located within
23 the United States;
24 ‘‘(B) for a period of not more than one
25 year;
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1 ‘‘(C) for the purpose of participating in
2 professional military education or training
3 classes,
4 ‘‘(D) with orders to return to the duty sta-
5 tion where the member maintains primary resi-
6 dence and the dependents of such member re-
7 side.
8 ‘‘(2) If the Secretary of the military department
9 concerned assigns permanent duty status to a mem-
10 ber described in paragraph (1), such member shall
11 be eligible for travel and transportation allowances
13 ‘‘(A) Transportation, including mileage at
14 the same rate paid for a permanent change of
15 station.
16 ‘‘(B) Per diem while traveling between the
17 permanent duty station and professional mili-
18 tary education institution or training site.
19 ‘‘(C) Per diem paid in the same manner
20 and amount as temporary lodging expenses.
21 ‘‘(D) Per diem equal to the amount of the
22 basic allowance for housing under section 403
23 of this title paid to a member—
24 ‘‘(i) in the grade of such member;
25 ‘‘(ii) without dependents;
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1 ‘‘(iii) who resides in the military hous-
2 ing area in which the professional military
3 education institution or training site is lo-
4 cated.
5 ‘‘(E) Movement of household goods in an
6 amount determined under applicable regula-
7 tions.’’.
8 SEC. 626. CONFORMING AMENDMENTS TO UPDATE REF-
9 ERENCES TO TRAVEL AND TRANSPORTATION
10 AUTHORITIES.
11 (a) BALANCED BUDGET AND EMERGENCY DEFICIT

12 CONTROL ACT OF 1985.—Section 256(g)(2)(B)(ii) of the
13 Balanced Budget and Emergency Deficit Control Act of
14 1985 (2 U.S.C. 906(g)(2)(B)(ii)) is amended by striking
15 ‘‘sections 403a and 475’’ and inserting ‘‘sections 403b and
16 405’’.
17 (b) TITLE 5.—Title 5, United States Code, is amend-
18 ed—
19 (1) in section 4109(a)(2)—
20 (A) in subparagraph (A), by striking ‘‘sec-
21 tions 474 and 475’’ and inserting ‘‘sections 405
22 and 452’’; and
23 (B) in subparagraph (B), by striking ‘‘sec-
25 and 453(c)’’;
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1 (2) in section 5725(c)(2)(B), by striking ‘‘sec-
2 tion 476(b)(1)(H)(iii)’’ and inserting ‘‘subsections
3 (c) and (d) of section 453’’; and
4 (3) in section 5760—
5 (A) in subsection (c), by striking ‘‘section
6 481h(b)’’ and inserting ‘‘section 451(a)’’; and
7 (B) in subsection (d)—
8 (i) in paragraph (2), by striking ‘‘sec-
9 tion 474(d)’’ and inserting ‘‘section 464’’;
10 and
11 (ii) in paragraph (3), by striking ‘‘sec-
12 tion 481h(d)(1)’’ and inserting ‘‘section
13 452(d)’’.
14 (c) TITLE 10.—Title 10, United States Code, is
15 amended—
17 (A) in subsection (f)(4)(A), in the matter
18 preceding clause (i), by striking ‘‘section 474’’
19 and inserting ‘‘section 452’’; and
20 (B) in subsection (h)(4), by striking ‘‘sec-
21 tion 481f’’ and inserting ‘‘section 453(f)’’;
22 (2) in section 1174a(b)(2)(B), by striking ‘‘sec-
23 tions 474 and 476’’ and inserting ‘‘sections 452 and
24 453(c)’’;
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1 (3) in section 1175(j), by striking ‘‘sections 474
2 and 476’’ and inserting ‘‘sections 452 and 453(c)’’;
3 (4) in section 1175a(e)(2)(B), by striking ‘‘sec-
4 tions 474 and 476’’ and inserting ‘‘sections 452 and
5 453(c)’’;
6 (5) in section 1491(d)(3), by striking ‘‘section
7 495(a)(2)’’ and inserting ‘‘section 435(a)(2)’’;
8 (6) in section 2013(b)(2)—
9 (A) in subparagraph (A), by striking ‘‘sec-
11 and 452’’; and
12 (B) in subparagraph (B), by striking ‘‘sec-
14 and 453(c)’’;
15 (7) in section 2493(a)(4)(B)(ii), by striking
16 ‘‘section 481f(d)’’ and inserting ‘‘section 453(f)’’;
17 (8) in section 2613(g), by striking ‘‘section
18 481h(b)’’ and inserting ‘‘section 451(a)’’; and
19 (9) in section 12503—
20 (A) in subsection (a), in the second sen-
21 tence, by striking ‘‘sections 206 and 495’’ and
22 inserting ‘‘sections 206 and 435’’;
23 (B) in subsection (b)(2)(A), by striking
24 ‘‘section 495’’ and inserting ‘‘section 435’’; and
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557
1 (C) in subsection (c), by striking ‘‘chapter
2 7’’ and inserting ‘‘section 452’’.
3 (d) TITLE 14.—Section 2764 of title 14, United
4 States Code, is amended, in the first and third sentences,
5 by striking ‘‘subsection (b) of section 476’’ and inserting
6 ‘‘section 453(c)’’.
7 (e) TITLE 32.—Section 115 of title 32, United States
9 (1) in subsection (a), in the third sentence, by
10 striking ‘‘sections 206 and 495’’ and inserting ‘‘sec-
11 tions 206 and 435’’;
12 (2) in subsection (b)(2)(A), by striking ‘‘section
13 495’’ and inserting ‘‘section 435’’; and
14 (3) in subsection (c), by striking ‘‘chapter 7’’
15 and inserting ‘‘section 452’’.
16 (f) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
17 ISTRATION COMMISSIONED OFFICER CORPS ACT OF
18 2002.—Section 236(f)(4)(A) of the National Oceanic and

19 Atmospheric Administration Commissioned Officer Corps
20 Act of 2002 (33 U.S.C. 3036(f)(4)(A)) is amended, in the
21 matter preceding clause (i), by striking ‘‘section 474’’ and
22 inserting ‘‘section 452’’.
23 (g) TITLE 36.—Section 2101(b)(2) of title 36,
24 United States Code, is amended by striking ‘‘section 475’’
25 and inserting ‘‘section 405’’.
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1 (h) TITLE 37.—Title 37, United States Code, is
2 amended—
4 (A) in subsection (d)(2)(A), by striking
6 (B) in subsection (g)—
7 (i) in paragraph (2), in the second
8 sentence, by striking ‘‘section 474’’ and in-
9 serting ‘‘section 452’’; and
10 (ii) in paragraph (3), by striking ‘‘sec-
11 tion 476’’ and inserting ‘‘section 453(c)’’;
12 (2) in section 420(b), by striking ‘‘sections
13 474–481’’ and inserting ‘‘section 452’’;
14 (3) in section 422(a), by striking ‘‘section 480’’
15 and inserting ‘‘section 452’’;
17 (A) in subsection (a)(1)(A), by striking
19 (B) in subsection (c)(1), by striking ‘‘sec-
20 tion 476’’ and inserting ‘‘section 452’’;
21 (5) in section 433(b), by striking ‘‘section
22 474(d)(2)(A)’’ and inserting ‘‘section 452’’;
23 (6) in section 451(a)(2)(H)—
24 (A) in clause (i), by striking ‘‘section
25 481f’’ and inserting ‘‘section 453(f)’’;
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1 (B) in clause (ii), by striking ‘‘section
2 481h’’ and inserting ‘‘section 452(b)(12)’’;
3 (C) in clause (iii), by striking ‘‘section
4 481j’’ and inserting ‘‘section 452(b)(13)’’;
5 (D) in clause (iv), by striking ‘‘section
6 481k’’ and inserting ‘‘section 452(b)(14)’’; and
7 (E) in clause (v), by striking ‘‘section
8 481l’’ and inserting ‘‘section 452(b)(15)’’;
9 (7) in section 1002(b)(1), by striking ‘‘section
10 474(a)–(d), and (f),’’ and inserting ‘‘section 452’’;
11 (8) in section 1003, by striking ‘‘sections 402–
12 403b, 474–477, 479–481, and 414’’ and inserting
13 ‘‘sections 402 through 403b, 405, 414, 452, and
14 453’’; and
15 (9) in section 1006(g)—
16 (A) by striking ‘‘section 477’’ and insert-
17 ing ‘‘section 452(c)(2)’’; and
18 (B) by striking ‘‘section 475a(a)’’ and in-
19 serting ‘‘section 452(b)(11)’’.
20 (i) CHILD NUTRITION ACT OF 1966.—Section
21 17(d)(2)(B)(ii) of the Child Nutrition Act of 1966 (42
22 U.S.C. 1786(d)(2)(B)(ii)) is amended by striking ‘‘section
23 475’’ and inserting ‘‘section 405’’.
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1 SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF
2 THE ARMED FORCES FOR CERTAIN CHILD
3 CARE COSTS INCIDENT TO A PERMANENT
4 CHANGE OF STATION OR ASSIGNMENT.
5 (a) ESTABLISHMENT.—The Secretary of Defense

6 shall carry out a pilot program to reimburse members of
7 the Armed Forces for certain child care costs incident to
8 a permanent change of station or assignment.
9 (b) TRAVEL AND TRANSPORTATION ALLOWANCES.—
10 Under the pilot program, the Secretary of Defense shall
11 treat a designated child care provider as an authorized
12 traveler if child care is not available to a member of the
13 Armed Forces at a military child development center at
14 the permanent duty location of such member not later
15 than 30 days after the member arrives at such location.
16 (c) REIMBURSEMENT OF CERTAIN CHILD CARE
17 COSTS.—
18 (1) AUTHORITY.—Under the pilot program, the
19 Secretary of Defense may reimburse a member of
20 the Armed Forces for travel expenses for a des-
21 ignated child care provider when—
22 (A) the member is reassigned, either as a
23 permanent change of station or permanent
24 change of assignment, to a new duty station;
25 (B) the movement of the member’s de-
26 pendents is authorized at the expense of the
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1 United States under section 451 of title 37,
2 United States Code, as part of the reassign-
3 ment;
4 (C) child care is not available at a military
5 child development center at such duty station
6 not later than 30 days after the member arrives
7 at such duty station; and
8 (D) the dependent child is on the wait list
9 for child care at such military child develop-
10 ment center.
11 (2) MAXIMUM AMOUNTS.—Reimbursement pro-
12 vided to a member under this subsection may not ex-
13 ceed—
14 (A) $500 for a reassignment between duty
15 stations within the continental United States;
16 and
17 (B) $1,500 for a reassignment involving a
18 duty station outside of the continental United
19 States.
20 (3) DEADLINE.—A member may not apply for
21 reimbursement under this subsection later than one
22 year after a reassignment described in paragraph
23 (1).
24 (4) CONCURRENT RECEIPT PROHIBITED.—In
25 the event a household contains more than one mem-
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1 ber eligible for reimbursement under this subsection,
2 reimbursement may be paid to one member among
3 such members as such members shall jointly elect.
4 (d) REPORT.—Not later than January 1, 2027, the
7 on the pilot program, including the recommendation of the
8 Secretary whether to make the pilot program permanent.
9 (e) TERMINATION.—The pilot program shall termi-
10 nate on September 30, 2028.
12 (1) The term ‘‘authorized traveler’’ has the
15 (2) The term ‘‘designated child care provider’’
16 means an adult selected by a member of the armed
17 forces to provide child care to a dependent child of
18 such member.
19 (3) The term ‘‘military child development cen-
20 ter’’ has the meaning given such term in section
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1 Subtitle D—Leave
2 SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLE-
3 MENT AND ACCUMULATION.
4 (a) REPEAL OF OBSOLETE AUTHORITY.—Section

5 701 of title 10, United States Code, is amended—
6 (1) by striking subsection (d); and
7 (2) by redesignating subsections (e) through
8 (m) as subsections (d) through (l).
9 (b) CONFORMING AMENDMENTS TO SECTION 701 OF
10 TITLE 10.—Section 701 of title 10, United States Code,

11 is amended—
12 (1) in subsection (b), by striking ‘‘subsections
13 (d), (f), and (g)’’ and inserting ‘‘subsections (e) and
14 (f)’’;
15 (2) in subsection (f), as redesignated by sub-
16 section (a)(2), in the first sentence, by striking
17 ‘‘subsections (b), (d), and (f)’’ and inserting ‘‘sub-
18 sections (b) and (e)’’; and
19 (3) in subsection (i), as so redesignated, in the
20 first sentence, by striking ‘‘subsections (b), (d), and
21 (f)’’ and inserting ‘‘subsections (b) and (e)’’.
22 (c) CONFORMING AMENDMENTS TO OTHER PROVI-
23 SIONS OF LAW.—
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1 (1) TITLE 14.—Section 2508(a) of title 14,
2 United States Code, is amended by striking ‘‘section
3 701(f)(2)’’ and inserting ‘‘section 701(e)’’.
4 (2) TITLE 37.—Title 37, United States Code, is
5 amended—
6 (A) in section 501—
7 (i) in subsection (b)(6), by striking
8 ‘‘120 days of leave under section
9 701(f)(1)’’ and inserting ‘‘90 days of leave
10 under section 701(e)’’; and
11 (ii) in subsection (h), by striking ‘‘sec-
12 tion 701(g)’’ and inserting ‘‘section
13 701(f)’’; and
14 (B) in section 502(b), by striking ‘‘section
15 701(h)’’ and inserting ‘‘section 701(g)’’.
16 (d) EFFECTIVE DATE.—The amendments made by
17 this section take effect on January 1, 2023.
18 SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEM-
19 BERS OF THE ARMED FORCES TO ACCUMU-
20 LATE LEAVE IN EXCESS OF 60 DAYS.

22 States Code, as amended by section 631, is further amend-
23 ed by striking subsection (e) and inserting the following:
24 ‘‘(e)(1) The Secretary concerned, under uniform reg-
25 ulations to be prescribed by the Secretary of Defense, may
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1 authorize a member described in paragraph (2) to retain
2 not more than 30 days of excess leave.
3 ‘‘(2) A member described in this paragraph is a mem-
4 ber who—
5 ‘‘(A)(i) serves on active duty for a continuous
6 period of at least 120 days for which the member is
7 entitled to special pay under section 310(a) of title
8 37; or
9 ‘‘(ii) is assigned to a deployable ship or mobile
10 unit or to other duty designated for the purposes of
11 this section;
12 ‘‘(B) except for this subsection, would lose any
13 excess leave at the end of the fiscal year; and
14 ‘‘(C) receives, from the first officer in a grade
15 above O-6 in the chain of command of such member,
16 written authorization to retain such excess leave.
17 ‘‘(3) Excess leave retained by a member under this
18 subsection shall be forfeited unless used before the end
19 of the second fiscal year after the end of the fiscal year
20 in which the service or assignment described in paragraph
21 (2)(A) terminated.
22 ‘‘(4) In this subsection, the term ‘excess leave’ means
23 leave accrued by a member in excess of the number of
24 days of leave authorized to be accumulated under sub-
25 section (b).’’.
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1 (b) TRANSITION RULE.—Leave in excess of 90 days,
2 accumulated by a member of the Armed Forces under sec-
3 tion 701 of such title before the effective date under sub-
4 section (c), is forfeited unless—
5 (1) used by the member on or before September
6 30, 2026; or
7 (2) the retention of such leave is otherwise au-
8 thorized by law.
9 (c) EFFECTIVE DATE.—The amendment made by
10 subsection (a) takes effect on January 1, 2023.
11 SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE
12 ARMED FORCES.

14 States Code, as amended by sections 631 and 632, is fur-
15 ther amended by adding at the end the following new sub-
16 section:
17 ‘‘(m)(1) Except as provided by subsection (h)(3), and
18 under regulations prescribed by the Secretary of Defense,
19 a member of the armed forces diagnosed with a medical
20 condition is allowed convalescent leave if—
21 ‘‘(A) the medical or behavioral health provider
22 of the member—
23 ‘‘(i) determines that the member is not yet
24 fit for duty as a result of that condition; and
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1 ‘‘(ii) recommends such leave for the mem-
2 ber to provide for the convalescence of the
3 member from that condition; and
4 ‘‘(B) the commanding officer of the member or
5 the commander of the military medical treatment fa-
6 cility authorizes such leave for the member.
7 ‘‘(2) A member may take not more than 30 days of
8 convalescent leave under paragraph (1) with respect to a
9 condition described in that paragraph unless—
10 ‘‘(A) such leave in excess of 30 days is author-
11 ized by—
12 ‘‘(i) the Secretary concerned; or
13 ‘‘(ii) an individual at the level designated
14 by the Secretary concerned, but not below the
15 grade of O–5 or the civilian equivalent; or
16 ‘‘(B) the member is authorized to receive con-
17 valescent leave under subsection (h)(3) in conjunc-
18 tion with the birth of a child.
19 ‘‘(3)(A) Convalescent leave may be authorized under
20 paragraph (1) only for a medical condition of a member
21 and may not be authorized for a member in connection
22 with a condition of a dependent or other family member
23 of the member.
24 ‘‘(B) In authorizing convalescent leave for a member
25 under paragraph (1) with respect to a condition described
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1 in that paragraph, the commanding officer of the member
2 or the commander of the military medical treatment facil-
3 ity, as the case may be, shall—
4 ‘‘(i) limit the duration of such leave to the min-
5 imum necessary in relation to the diagnosis, prog-
6 nosis, and probable final disposition of the condition
7 of the member; and
8 ‘‘(ii) authorize leave tailored to the specific
9 medical needs of the member rather than (except for
10 convalescent leave provided for under subsection
11 (h)(3)) authorizing leave based on a predetermined
12 formula.
13 ‘‘(4) A member taking convalescent leave under para-
14 graph (1) shall not have the member’s leave account re-
15 duced as a result of taking such leave.
16 ‘‘(5) In this subsection, the term ‘military medical
17 treatment facility’ means a facility described in subsection
18 (b), (c), or (d) of section 1073d of this title.’’.
19 (b) TREATMENT OF CONVALESCENT LEAVE FOR
20 BIRTH OF CHILD.—Paragraph (4) of subsection (h) of

21 such section, as redesignated by section 632, is amend-
22 ed—
23 (1) by redesignating subparagraphs (A) and
24 (B) as clauses (i) and (ii), respectively;
25 (2) by inserting ‘‘(A)’’ after ‘‘(4)’’; and
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2 paragraph:
3 ‘‘(B) Convalescent leave may be authorized under
4 subparagraph (A) only for a medical condition of a mem-
5 ber and may not be authorized for a member in connection
6 with a condition of a dependent or other family member
7 of the member.’’.
8 (c) EFFECTIVE DATE.—The amendments made by
9 this section shall take effect on January 1, 2023.
10 Subtitle E—Family and Survivor
11 Benefits
12 SEC. 641. CLAIMS RELATING TO THE RETURN OF PER-
13 SONAL EFFECTS OF A DECEASED MEMBER
14 OF THE ARMED FORCES.
15 Section 1482(a) of title 10, United States Code, is

17 graph:
18 ‘‘(11)(A) Delivery of personal effects of a dece-
19 dent to the next of kin or other appropriate person.
20 ‘‘(B) If the Secretary concerned enters into an
21 agreement with an entity to carry out subparagraph
22 (A), the Secretary concerned may, at the request of
23 the person described in such subparagraph, pursue
24 a claim against such entity that arises from the fail-
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1 ure of such entity to substantially perform such sub-
2 paragraph.
3 ‘‘(C) If an entity described in subparagraph (B)
4 fails to substantially perform subparagraph (A) by
5 damaging, losing, or destroying the personal effects
6 of a decedent, the Secretary concerned shall reim-
7 burse the person designated under subsection (c) the
8 greater of $1,000 or the fair market value of such
9 damage, loss, or destruction. The Secretary con-
10 cerned may request, from the person designated
11 under subsection (c), proof of fair market value and
12 ownership of the personal effects.’’.
13 SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD
14 CARE EMPLOYEES.

17 section:
18 ‘‘(d) CHILD CARE EMPLOYEE DISCOUNT.—The Sec-
19 retary of Defense may, to support recruitment and reten-
20 tion initiatives, charge a child care employee, whose child
21 attends a military child development center, a reduced fee
22 for such attendance.’’.
23 SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.
24 (a) ELECTIONS BY PERSONS NOT CURRENTLY PAR-

25 TICIPATING IN SURVIVOR BENEFIT PLAN.—
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1 (1) ELECTION OF SBP COVERAGE.—An eligible
2 retired or former member may elect to participate in
3 the Survivor Benefit Plan during the open season
4 described in subsection (e).
5 (2) ELIGIBLE RETIRED OR FORMER MEM-
6 BERS.—For purposes of paragraph (1), an eligible

7 retired or former member is a member or former
8 member of the uniformed services who, on or before
9 the day before the first day of the open season de-
10 scribed in subsection (e)—
11 (A) is entitled to retired pay; or
12 (B) would be entitled to retired pay under
13 chapter 1223 of title 10, United States Code
14 (or chapter 67 of such title as in effect before
15 October 5, 1994), but for the fact that such
16 member or former member is under 60 years of
17 age.
18 (3) STATUS UNDER SBP OF PERSONS MAKING
19 ELECTIONS.—
20 (A) STANDARD ANNUITY.—A person mak-

21 ing an election under paragraph (1) by reason
22 of eligibility under paragraph (2)(A) shall be
23 treated for all purposes as providing a standard
24 annuity under the Survivor Benefit Plan.
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1 (B) RESERVE-COMPONENT ANNUITY.—A
2 person making an election under paragraph (1)

3 by reason of eligibility under paragraph (2)(B)
4 shall be treated for all purposes as providing a
5 reserve-component annuity under the Survivor
6 Benefit Plan.
7 (4) PREMIUMS FOR OPEN SEASON.—
8 (A) PREMIUMS TO BE CHARGED.—The
9 Secretary of Defense shall prescribe in regula-

10 tions premiums that a person who makes an
11 election under paragraph (1) shall be required
12 to pay for participating in the Survivor Benefit
13 Plan pursuant to the election.
14 (B) AMOUNT OF PREMIUMS.—The total
15 amount of the premiums to be paid by a person
16 under the regulations prescribed under subpara-
17 graph (A) shall be equal to the sum of—
18 (i) the total amount by which the re-
19 tired pay of the person would have been re-
20 duced before the effective date of the elec-
21 tion under subsection (d) if the person had
22 elected to participate in the Survivor Ben-
23 efit Plan (for the same base amount speci-
24 fied in the election) at the first opportunity
25 that was afforded the person to participate
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1 under chapter 73 of title 10, United States
2 Code;
3 (ii) interest on the amount by which
4 the retired pay of the person would have
5 been so reduced, computed from the date
6 on which the retired pay would have been
7 so reduced at such rate or rates and ac-
8 cording to such methodology as the Sec-
9 retary determines reasonable; and
10 (iii) any additional amount that the
11 Secretary determines necessary to protect
12 the actuarial soundness of the Department
13 of Defense Military Retirement Fund
14 against any increased risk for the fund
15 that is associated with the election.
16 (C) PREMIUMS TO BE CREDITED TO RE-
17 TIREMENT FUND.—Premiums paid under the

18 regulations prescribed under subparagraph (A)
19 shall be credited to the Department of Defense
20 Military Retirement Fund.
21 (b) ELECTIONS BY PERSONS CURRENTLY PARTICI-
22 PATING IN SURVIVOR BENEFIT PLAN.—
23 (1) ELECTION OF TO DISCONTINUE SBP PAR-
24 TICIPATION.—A person participating in the Survivor

25 Benefit Plan on the day before the first day of the
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1 open season described in subsection (e) may elect to
2 discontinue such participation during the open sea-
3 son.
4 (2) CONSENT OF BENEFICIARIES.—
5 (A) IN GENERAL.—Except as provided in

6 subparagraph (B), a person described in para-
7 graph (1) may not make an election under that
8 paragraph without the concurrence of—
9 (i) each designated beneficiary of such
10 person under the Survivor Benefit Plan;
11 and
12 (ii) the spouse of such person, if such
13 person is married.
14 (B) EXCEPTION WHEN BENEFICIARY UN-
15 AVAILABLE.—A person may make an election

16 under paragraph (1) without a concurrence re-
17 quired under subparagraph (2) if the person es-
18 tablishes to the satisfaction of the Secretary
19 concerned—
20 (i) that the whereabouts of the spouse
21 or beneficiary, as the case may be, cannot
22 be determined; or
23 (ii) that, due to exceptional cir-
24 cumstances, requiring the person to seek
25 the consent of the spouse or beneficiary, as
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1 the case may be, would otherwise be inap-
2 propriate.
3 (3) TREATMENT OF PREMIUMS.—
4 (A) DISCONTINUATION OF REDUCTIONS IN
5 PAY.—As of the effective date under subsection

6 (d) of an election by a person under paragraph
7 (1), the Secretary concerned shall discontinue
8 the reduction being made in the retired pay of
9 the person arising from participation in the
10 Survivor Benefit Plan or, in the case of a per-
11 son who has been required to make deposits in
12 the Treasury on account of participation in the
13 Survivor Benefit Plan, that person may dis-
14 continue making such deposits effective on such
15 effective date.
16 (B) TREATMENT OF PREVIOUS REDUC-
17 TIONS.—A person who makes an election under

18 paragraph (1) is not entitled to a refund of any
19 reduction or deposit described in subparagraph
20 (A) made before such effective date.
21 (c) MANNER OF MAKING ELECTIONS.—
22 (1) IN GENERAL.—An election under subsection
23 (a) or (b) shall be made in writing, signed by the
24 person making the election, and received by the Sec-
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1 retary concerned before the end of the open season
2 described in subsection (e).
3 (2) CONDITIONS.—Except as provided in para-
4 graph (3), an election under subsection (a) shall be
5 made subject to the same conditions, and with the
6 same opportunities for designation of beneficiaries
7 and specification of base amount, that apply under
8 the Survivor Benefit Plan.
9 (3) ELECTION MUST BE VOLUNTARY.—An elec-
10 tion under subsection (a) or (b) is not effective un-
11 less the person making the election declares the elec-
12 tion to be voluntary. An election under subsection
13 (a) or (b) to participate or not to participate in the
14 Survivor Benefit Plan may not be required by any
15 court. An election by a person under subsection (a)
16 to participate in the Survivor Benefit Plan is not
17 subject to the concurrence of a spouse or former
18 spouse of the person.
19 (4) DESIGNATION WITH RESPECT TO RESERVE-
20 COMPONENT ANNUITY.—A person making an elec-

21 tion under subsection (a) to provide a reserve-com-
22 ponent annuity shall make a designation described
23 in section 1448(e) of title 10, United States Code.
24 (d) EFFECTIVE DATE FOR ELECTIONS.—An election
25 under subsection (a) or (b) shall be effective on the first
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1 day of the first calendar month following the month in
2 which the election is received by the Secretary concerned.
3 (e) OPEN SEASON DESCRIBED.—The open season de-
4 scribed in this subsection is the period beginning on the
5 date of the enactment of this Act and ending on January
6 1, 2024.
7 (f) APPLICABILITY OF CERTAIN PROVISIONS OF
8 LAW.—The provisions of sections 1449, 1453, and 1454

9 of title 10, United States Code, are applicable to a person
10 making an election, and to an election, under subsection
11 (a) or (b) in the same manner as if the election were made
12 under the Survivor Benefit Plan.
14 (1) The terms ‘‘base amount’’, ‘‘reserve-compo-
15 nent annuity’’, and ‘‘standard annuity’’ have the
16 meanings given those terms in section 1447 of title
18 (2) The term ‘‘Department of Defense Military
19 Retirement Fund’’ means the fund established under
20 section 1461(a) of title 10, United States Code.
21 (3) The term ‘‘retired pay’’ includes retainer
22 pay.
23 (4) The terms ‘‘Secretary concerned’’ and ‘‘uni-
24 formed services’’ have the meanings given those
25 terms in section 101 of title 37, United States Code.
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1 (5) The term ‘‘Survivor Benefit Plan’’ means
2 the program established under subchapter II of
3 chapter 73 of title 10, United States Code.
4 SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD
5 CARE: BRIEFING.
6 (a) BRIEFING.—Not later than one year after the

8 shall submit to the congressional defense committees a
9 briefing regarding child care at military installations of
10 the covered Armed Forces—
11 (1) that are not served by a military child de-
12 velopment center; or
13 (2) where the military child development center
14 has few available spots.
15 (b) ELEMENTS.—The briefing under subsection (a)
16 shall include the following elements:
17 (1) With regards to each military installation
18 described in such subsection:
19 (A) The current and maximum possible en-
20 rollment at the military child development cen-
21 ter (if one exists).
22 (B) Plans of the Secretary to expand an
23 existing, or construct a new, military child de-
24 velopment center.
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1 (C) The resulting capacity of each military
2 child development center described in subpara-
3 graph (B).
4 (D) The median cost of services at accred-
5 ited child care facilities located near such mili-
6 tary installation compared to the amount of as-
7 sistance provided by the Secretary of the mili-
8 tary department concerned to members for
9 child care services.
10 (2) Any policy recommendations of the Sec-
11 retary of Defense—
12 (A) to address the rising cost of child care
13 near military installations; and
14 (B) regarding the rates of child care fee
15 assistance provided to members of the covered
16 Armed Forces.
19 the following:
20 (A) The Army.
21 (B) The Navy.
22 (C) The Marine Corps.
23 (D) The Air Force.
24 (E) The Space Force.
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1 (2) The term ‘‘military child development cen-
2 ter’’ has the meaning given such term in section
4 SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES:
5 DATA COLLECTION; TRAINING; REPORT.
6 (a) DATA COLLECTION.—Not later than one year

7 after the date of the enactment of this Act, the Under
8 Secretary of Defense for Personnel and Readiness, in co-
9 ordination with the Under Secretary for Food, Nutrition,
10 and Consumer Services of the Department of Agriculture,
11 shall—
12 (1) develop a survey, in collaboration with the
13 Department of Agriculture, to determine how many
14 members of the Armed Forces serving on active
15 duty, and dependents of such members, are food in-
16 secure;
17 (2) issue the survey to such members and de-
18 pendents;
19 (3) collect data related to the number of such
20 members and dependents who—
21 (A) are eligible for the basic needs allow-
22 ance under section 402b of title 37, United
23 States Code;
24 (B) receive such basic needs allowance; and
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1 (C) are surveyed on the use, by such mem-
2 bers and dependents, of Federal nutrition as-
3 sistance programs, including—
4 (i) the supplemental nutrition assist-
5 ance program under the Food and Nutri-
6 tion Act of 2008 (7 U.S.C. 2011 et seq.);
7 (ii) the special supplemental nutrition
8 program for women, infants, and children
9 under section 17 of the Child Nutrition
10 Act of 1966 (42 U.S.C. 1786); and
11 (iii) the school lunch program under
12 the Richard B. Russell National School
13 Lunch Act (42 U.S.C. 1751 et seq.), and
14 the school breakfast program under section
15 4 of the Child Nutrition Act of 1966 (42
16 U.S.C. 1773);
17 (4) develop and carry out a plan to train and
18 designate an individual who will assist members at
19 military installations on how and where to refer such
20 members and their dependents for participation in
21 Federal nutrition assistance programs described in
22 paragraph (3)(C); and
23 (5) coordinate efforts of the Department of De-
24 fense to address food insecurity and nutrition.
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2 of the enactment of this Act, and annually thereafter for
3 the four subsequent years, the Under Secretary of Defense
4 for Personnel & Readiness shall submit to the congres-
5 sional defense committees, the Committees on Agriculture
6 and Education and Labor of the House of Representa-
7 tives, and the Committee on Agriculture, Nutrition, and
8 Forestry of the Senate, a report including the following:
9 (1) The number of members of the Armed
10 Forces serving on active duty and their dependents
11 who are food insecure.
12 (2) The number of such members and their de-
13 pendents who use the Federal nutrition assistance
14 programs described in subsection (a)(3).
15 (3) The number of such members and their de-
16 pendents described in subsection (a)(3).
17 (4) The status of implementation of the plan
18 under subsection (a)(5).
19 Subtitle F—Defense Resale Matters
20 SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS
21 FROM THE XINJIANG UYGHUR AUTONOMOUS
22 REGION IN COMMISSARIES AND EXCHANGES.
23 (a) PROHIBITION.—Subchapter III of chapter 147 of

24 title 10, United States Code, is amended by adding at the
25 end the following new section:
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1 ‘‘§ 2496. Sale of certain goods from the Xinjiang
2 Uyghur Autonomous Region prohibited
3 ‘‘(a) PROHIBITION.—The Secretary of Defense may

4 not knowingly permit the sale, at a commissary store or
5 military exchange, of any good, ware, article, or merchan-
6 dise—
7 ‘‘(1) containing any product mined, produced,
8 or manufactured, wholly or in part, by forced labor
9 from the XUAR; or
10 ‘‘(2) from an entity that has used labor from
11 within or transferred from XUAR as part of a ‘pov-
12 erty alleviation’ or ‘pairing assistance’ program.
13 ‘‘(b) DEFINITIONS.—In this section:
14 ‘‘(1) The term ‘forced labor’ means any work or
15 service that is exacted from any person under the
16 menace of any penalty for nonperformance and that
17 the worker does not offer to perform.
18 ‘‘(2) The term ‘XUAR’ means the Xinjiang
19 Uyghur Autonomous Region of the People’s Repub-
20 lic of China.’’.
22 at the beginning of such subchapter is amended by adding
23 at the end the following new item:
‘‘2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region
prohibited.’’.
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1 Subtitle G—Miscellaneous Studies,
2 Briefings and Reports
3 SEC. 661. STUDY ON BASIC PAY.
4 (a) IN GENERAL.—The Secretary of Defense shall

5 seek to enter into an agreement with a nonprofit entity
6 or a federally funded research and development center to
7 conduct research and analysis on the value of basic pay
8 for members of the Armed Forces. The Secretary may in-
9 clude such research and analysis in the next quadrennial
10 review of military compensation.
11 (b) ELEMENTS.—The research and analysis con-
12 ducted under subsection (a) shall include the following:
13 (1) An assessment of the model used to deter-
14 mine the basic pay in the current basic pay tables,
15 including—
16 (A) an analysis of whether to update the
17 current model to meet the needs of the 2023
18 employment market;
19 (B) a historical understanding of when the
20 current model was established and how fre-
21 quently it has been during the last 10 years;
22 (C) an understanding of the assumptions
23 on which the model is based and how such as-
24 sumptions are validated;
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1 (D) an analysis of time-in-grade require-
2 ments and how they may affect retention and
3 promotion; and
4 (E) an assessment of how recruiting and
5 retention information is used to adjust the
6 model.
7 (2) An assessment of whether to modify current
8 basic pay tables to consider higher rates of pay for
9 specialties the Secretary determines are in critical
10 need of personnel.
11 (3) An analysis of—
12 (A) how basic pay has compared with civil-
13 ian pay since the 70th percentile benchmark for
14 basic pay was established; and
15 (B) whether to change the 70th percentile
16 benchmark.
17 (4) An assessment of whether—
18 (A) to adjust the annual increase in basic
19 pay, currently guided by changes in the Em-
20 ployment Cost Index as a measure of the
21 growth in private-sector employment costs; or
22 (B) to use a different index, such as the
23 Defense Employment Cost Index.
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1 (5) Legislative and policy recommendations re-
2 garding basic pay table based on analyses and as-
3 sessments under paragraphs (1) through (4).
4 (c) BRIEFINGS AND PROGRESS REPORT.—
5 (1) INTERIM BRIEFING.—Not later than April
6 1, 2023, the Secretary shall provide to the appro-
7 priate congressional committees an interim briefing
8 on the elements described in subsection (b).
9 (2) PROGRESS REPORT.—Not later than one
10 year after the date of the enactment of this Act, the
11 Secretary shall submit to the appropriate congres-
12 sional committees a progress report on the study
14 (3) FINAL BRIEFING.—Not later than two years
16 retary shall submit to the appropriate congressional
17 committees a final briefing on the study under this
18 section.
19 (d) APPROPRIATE CONGRESSIONAL COMMITTEES
20 DEFINED.—In this section, the term ‘‘appropriate con-
21 gressional committees’’ means the following:
22 (1) The Committee on Armed Services of the
24 (2) The Committee on Armed Services of the
25 Senate.
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1 SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE
2 FOR HOUSING.
3 (a) REPORT; ELEMENTS.—Not later than one year

5 of Defense, in consultation with the Secretary of the de-
6 partment in which the Coast Guard is operating, shall sub-
8 and House of Representatives a report on BAH. Such re-
9 port shall contain the following elements:
10 (1) The evaluation of the Secretary—
11 (A) of the efficiency and accuracy of the
12 current system used to calculate BAH;
13 (B) the appropriateness of using mean and
14 median housing costs in such calculation;
15 (C) of existing MHAs, in relation to
16 choices in, and availability of, housing to
17 servicemembers;
18 (D) of the suitability of the six standard
19 housing profiles in relation to the average fam-
20 ily sizes of servicemembers, disaggregated by
21 uniformed service, rank, and MHA;
22 (E) of the flexibility of BAH to respond to
23 changes in real estate markets; and
24 (F) of residential real estate processes to
25 determine rental rates.
26 (2) The recommendation of the Secretary—
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1 (A) regarding the feasibility of including
2 information, furnished by Federal entities, re-
3 garding school districts, in calculating BAH;
4 (B) whether to calculate BAH more fre-
5 quently, including in response to a sudden
6 change in the housing market;
7 (C) whether to enter into an agreement
8 with a covered entity, to compile data and de-
9 velop an enterprise grade, objective, data-driven
10 algorithm to calculate BAH;
11 (D) whether to publish the methods used
12 by the Secretary to calculate BAH on a publicly
13 accessible website of the Department of De-
14 fense; and
15 (E) whether BAH calculations appro-
16 priately account for increased housing costs as-
17 sociated with Coast Guard facilities.
19 (1) The term ‘‘BAH’’ means the basic allow-
20 ance for housing for members of the uniformed serv-
21 ices under section 403 of title 37, United States
22 Code.
23 (2) The term ‘‘covered entity’’ means a nation-
24 ally recognized entity in the field of commercial real
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1 estate that has data on local rental rates in real es-
2 tate markets across the United States.
3 (3) The term ‘‘MHA’’ means military housing
4 area.
5 (4) The term ‘‘servicemember’’ has the meaning
6 given such term in section 101 of the
7 Servicemembers Civil Relief Act (50 U.S.C. 3911).
8 SEC. 663. REVIEW OF DISLOCATION AND RELOCATION AL-
9 LOWANCES.
10 (a) IN GENERAL.—Not later than one year after the

13 port—
14 (1) reviewing the adequacy of the amounts of
15 dislocation and relocation allowances paid under sec-
16 tion 452 of title 37, United States Code, to members
17 of the covered Armed Forces, in connection with
18 changes in such members’ temporary or permanent
19 duty assignment locations, taking into consideration
20 the rising costs of moving, challenges in the housing
21 market, and other expenses incurred by such mem-
22 bers;
23 (2) assessing the effects of delays in the
24 issuance of orders relating to changes to temporary
25 or permanent duty assignment locations on the tim-
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1 ing of dislocation and relocation allowances paid to
2 members of the covered Armed Forces;
3 (3) assessing the feasibility and advisability of
4 paying dislocation or relocation allowances to mem-
5 bers of the covered Armed Forces who are perma-
6 nently assigned from one unit to another with no
7 change of permanent duty station when the units
8 are within the same metropolitan area; and
9 (4) making recommendations with respect to
10 the matters described in paragraphs (1), (2), and
11 (3).
12 (b) COVERED ARMED FORCES DEFINED.—In this
13 section, the term ‘‘covered Armed Forces’’ means the
14 Army, Navy, Marine Corps, Air Force, and Space Force.
15 SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
16 (a) BRIEFING.—Not later than six months after the

18 Navy shall submit to the Committees on Armed Services
19 of the Senate and House of Representatives a briefing re-
20 garding the feasibility and advisability of establishing com-
21 plex overhaul pay.
22 (b) COMPLEX OVERHAUL PAY DEFINED.—In this
23 section, the term ‘‘complex overhaul pay’’ means a special
24 monthly pay—
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1 (1) established pursuant to regulations pre-
2 scribed under section 352 of title 37, United States
3 Code;
4 (2) paid to a member of the Armed Forces as-
5 signed to a naval vessel undergoing nuclear refueling
6 or defueling, and any concurrent complex overhaul;
7 (3) in addition to any other pay or allowance to
8 which a member is entitled; and
9 (4) in an amount equal to $200 per month.
10 SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD
11 CARE PROVIDERS.
12 (a) IN GENERAL.—
13 (1) STUDIES REQUIRED.—The Secretary of De-
14 fense shall, for each geographic area in which the
15 Secretary of a military department operates a mili-
16 tary child development center, conduct a study—
17 (A) comparing the total compensation, in-
18 cluding all pay and benefits, of child care em-
19 ployees of each military child development cen-
20 ter in the geographic area to the total com-
21 pensation of similarly credentialed employees in
22 such geographic area; and
23 (B) estimating the difference in average
24 pay and the difference in average benefits be-
25 tween such child care employees.
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1 (2) SCHEDULE.—The Secretary of Defense
2 shall complete the studies required under paragraph
3 (1)—
4 (A) for the geographic areas containing the
5 military installations with the 25 longest wait
6 lists for child care services at military child de-
7 velopment centers, not later than one year after
8 the date of the enactment of this Act; and
9 (B) for geographic areas other than geo-
10 graphic areas described in subparagraph (A),
11 not later than two years after the date of the
13 (3) REPORTS.—
14 (A) INTERIM REPORT.—Not later than one
15 year after the date of the enactment of this Act,
16 the Secretary of Defense shall submit to the
17 Committees on Armed Services of the Senate
18 and House of Representatives a report summa-
19 rizing the results of the studies required under
20 paragraph (1) that have been completed as of
21 the date of the submission of such report.
22 (B) FINAL REPORT.—Not later than 120
23 days after the completion of all the studies re-
24 quired under paragraph (1), the Secretary shall
25 submit to the Committees on Armed Services of
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1 the Senate and House of Representatives a re-
2 port summarizing the results of such studies.
4 (1) The term ‘‘benefits’’ includes—
5 (A) retirement benefits;
6 (B) any insurance premiums paid by an
7 employer;
8 (C) education benefits, including tuition re-
9 imbursement and student loan repayment; and
10 (D) any other compensation an employer
11 provides to an employee for service performed
12 as an employee (other than pay), as determined
13 appropriate by the Secretary of Defense.
14 (2) The terms ‘‘child care employee’’ and ‘‘mili-
15 tary child development center’’ have the meanings
17 States Code.
18 (3) The term ‘‘pay’’ includes the basic rate of
19 pay of an employee and any additional payments an
20 employer pays to an employee for service performed
21 as an employee.
22 SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS
23 OF THE ARMED FORCES: STUDY; REPORT.
24 (a) STUDY.—Not later than one year after the date

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1 shall seek to enter into an agreement with a federally
2 funded research and development center or non-profit en-
3 tity to conduct a study on the unique barriers to home
4 ownership for members of the Armed Forces.
5 (b) REPORT.—At the conclusion of the study under
6 subsection (a), the Secretary shall submit to the Commit-
8 resentatives a report containing the results of such study.
9 TITLE VII—HEALTH CARE
10 PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.

Sec. 702. Health benefits for members of the National Guard following required
training or other duty to respond to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE Prime
during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services for mem-
bers of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE
directory.
Sec. 706. Independent analysis of quality and patient safety review process
under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve
and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B—Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability evaluation.

Sec. 712. Inclusion of level three trauma care capabilities in requirements for
medical centers.
Sec. 713. Centers of excellence for specialty care in military health system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve medical
force readiness.
Sec. 715. Congressional notification requirement to modify scope of services
provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civil-
ians for care provided at military medical treatment facilities.
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Sec. 717. Authority to carry out studies and demonstration projects relating to
delivery of health and medical care through use of other trans-
action authority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humani-
tarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid management
in the military health system.
Sec. 720. Modification of requirement to transfer research and development and
public health functions to Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried former
spouses.
Sec. 722. Authority for Department of Defense program to promote early lit-
eracy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health System
Medical Logistics Directorate and Military Health System
Education and Training Directorate.
Sec. 731. Briefing and report on reduction or realignment of military medical

manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive Au-
tism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation authority
for independent suicide prevention and response review com-
mittee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruc-
tion.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available under mili-
tary health system.
Sec. 738. Certification program in provision of mental health services to mem-
bers of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by in-
dividuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of De-
fense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength:
certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense intern-
ship programs relating to civilian behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new command
on defense health.
Sec. 744. Capability assessment and action plan with respect to effects of expo-
sure to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military depart-
ment and related matters.
Sec. 747. Report on effects of low recruitment and retention on operational
tempo and physical and mental health of members of the
Armed Forces.
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Sec. 748. Guidance for addressing healthy relationships and intimate partner
violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed
Forces.
1 Subtitle A—TRICARE and Other

2 Health Care Benefits
3 SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
4 (a) IN GENERAL.—Section 1076a of title 10, United

7 (A) by striking ‘‘The plans’’ and inserting
8 the following:
9 ‘‘(1) IN GENERAL.—The plans’’; and
11 paragraph:
12 ‘‘(2) PREMIUM SHARING PLANS.—Effective as
13 of January 1, 2026, the regulations prescribed pur-
14 suant to paragraph (1) shall include, with respect to
15 premium sharing plans referred to in subsection
16 (d)(1), the following elements:
17 ‘‘(A) A third party administrator shall
18 manage the administrative features of such
19 plans, including eligibility, enrollment, plan
20 change and premium payment processes, sub-
21 mission of qualifying life events changes, and
22 address changes.
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1 ‘‘(B) Such plans shall include the following
2 three enrollment options:
3 ‘‘(i) Self.
4 ‘‘(ii) Self plus one.
5 ‘‘(iii) Family.
6 ‘‘(C) In the United States, to the extent
7 practicable, individuals eligible to enroll in such
8 a plan shall be offered options to enroll in plans
9 of not fewer than two and not more than four
10 dental insurance carriers.
11 ‘‘(D) To the extent practicable, each car-
12 rier described in subparagraph (C)—
13 ‘‘(i) shall manage dental care delivery
14 matters, including claims adjudication
15 (with required electronic submission of
16 claims), coordination of benefits, covered
17 services, enrollment verification, and pro-
18 vider networks;
19 ‘‘(ii) shall, in addition to offering a
20 standard option plan, offer a non-standard
21 option plan;
22 ‘‘(iii) may offer a non-standard option
23 plan managed as a dental health mainte-
24 nance organization plan;
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1 ‘‘(iv) shall establish and operate den-
2 tal provider networks that provide—
3 ‘‘(I) accessible care with a pre-
4 vention or wellness focus;
5 ‘‘(II) continuity of care;
6 ‘‘(III) coordinated care (including
7 appropriate dental and medical refer-
8 rals);
9 ‘‘(IV) patient-centered care (in-
10 cluding effective communications, in-
11 dividualized care, and shared decision-
12 making); and
13 ‘‘(V) high-quality, safe care;
14 ‘‘(v) shall develop and implement
15 adult and pediatric dental quality meas-
16 ures, including effective measurements
17 for—
18 ‘‘(I) access to care;
19 ‘‘(II) continuity of care;
20 ‘‘(III) cost;
21 ‘‘(IV) adverse patient events;
22 ‘‘(V) oral health outcomes; and
23 ‘‘(VI) patient experience; and
24 ‘‘(vi) may conduct in the provider net-
25 works established and operated by the car-
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1 rier under clause (iv), to the extent prac-
2 ticable, pilot programs on the development
3 of a model of care based on the model of
4 care commonly referred to as patient-cen-
5 tered dental homes.’’;
6 (2) in subsection (d)(1)—
7 (A) in subparagraph (B), by striking ‘‘The
8 member’s’’ and inserting ‘‘During the period
9 preceding January 1, 2026, the member’s’’;
10 (B) in subparagraph (C), by striking ‘‘of
11 each year,’’ and inserting ‘‘of each year during
12 the period preceding January 1, 2026,’’;
13 (C) in subparagraph (D), by striking ‘‘The
14 Secretary of Defense’’ and inserting ‘‘During
15 the period preceding January 1, 2026, the Sec-
16 retary of Defense’’; and
18 subparagraphs:
19 ‘‘(E) Beginning on January 1, 2026, the
20 amount of the premium required under subpara-
21 graph (A)—
22 ‘‘(i) for standard option plans, shall be es-
23 tablished by the Secretary annually such that in
24 the aggregate (taking into account the adjust-
25 ments under subparagraph (F) and subsection
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1 (e)(3), the Secretary’s share of each premium is
2 60 percent of the premium for each enrollment
3 category (self, self plus one, and family, respec-
4 tively) of each standard option plan; and
5 ‘‘(ii) for non-standard option plans, shall
6 be equal to the amount determined under clause
7 (i) plus 100 percent of the additional premium
8 amount applicable to such non-standard option
9 plan.
10 ‘‘(F) Beginning on January 1, 2026, the Sec-
11 retary of Defense shall reduce the monthly premium
12 required to be paid under paragraph (1) in the case
13 of enlisted members in pay grade E–1, E–2, E–3, or
14 E–4.’’;
15 (3) in subsection (e), by adding at the end the
17 ‘‘(3) Beginning on January 1, 2026, the Secretary
18 of Defense shall reduce copayments required to be paid
19 under paragraph (1) in the case of enlisted members in
20 pay grade E–1, E–2, E–3, or E–4.’’;
21 (4) in subsection (j), by striking ‘‘The Secretary
22 of Defense may not reduce benefits provided under
23 a plan established under this section until’’ and in-
24 serting ‘‘During the period preceding January 1,
25 2026, the Secretary of Defense may not reduce ben-
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601
1 efits provided under a plan established under this
2 section, and on or after January 1, 2026, the Sec-
3 retary may not reduce benefits provided under a
4 standard option plan under this section, until’’; and
6 section:
7 ‘‘(l) DEFINITIONS.—In this section:
8 ‘‘(1) The term ‘non-standard option plan’
9 means a high option dental insurance plan that in-
10 cludes covered services in addition to, or provides
11 greater coverage with respect to, services covered
12 under a standard option plan.
13 ‘‘(2) The term ‘standard option plan’ means a
14 dental insurance plan that provides for the coverage
15 of preventive services, basic restorative services, and
16 specialty dental care services at a level that is at
17 least commensurate with the coverage of the same
18 services provided under the premium sharing plans
19 under this section during the period preceding Janu-
20 ary 1, 2026.’’.
21 (b) RULEMAKING.—Pursuant to the authority under
22 section 1076a(b)(1) of title 10, United States Code, as
23 amended by subsection (a), the Secretary of Defense
24 shall—
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1 (1) not later than January 1, 2025, prescribe
2 an interim final rule to carry out the amendments
3 made by subsection (a); and
4 (2) after prescribing the interim final rule
5 under subparagraph (A) and considering public com-
6 ments with respect to such interim final rule, pre-
7 scribe a final rule, effective on January 1, 2026, to
8 carry out such amendments.
9 (c) BRIEFINGS.—Not later than January 1 of each
10 of 2024, 2025, and 2026, the Secretary of Defense shall
11 provide to the Committees on Armed Services of the
12 House of Representatives and the Senate a briefing on the
13 status of the implementation of the amendments made by
14 subsection (a).
15 SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NA-
16 TIONAL GUARD FOLLOWING REQUIRED
17 TRAINING OR OTHER DUTY TO RESPOND TO
18 A NATIONAL EMERGENCY.
19 (a) TRANSITIONAL HEALTH CARE.—Subsection

20 (a)(2) of section 1145 of title 10, United States Code, is
21 amended by adding at the end the following new subpara-
22 graph:
23 ‘‘(G) A member of the National Guard who is
24 separated from full-time National Guard Duty to
25 which called or ordered under section 502(f) of title
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1 32 for a period of active service of more than 30
2 days to perform duties that are authorized by the
3 President or the Secretary of Defense for the pur-
4 pose of responding to a national emergency declared
5 by Congress or the President and supported by Fed-
6 eral funds.’’.
7 (b) CONFORMING AMENDMENTS.—Such section is
8 further amended—
10 (A) in paragraph (1), in the matter pre-
11 ceding subparagraph (A), by striking ‘‘active
12 duty’’ and inserting ‘‘active service’’;
13 (B) in paragraph (3), by striking ‘‘para-
14 graph (2)(B)’’ and inserting ‘‘subparagraph (B)
15 or (G) of paragraph (2)’’;
17 (i) by striking ‘‘active duty’’ each
18 place it appears and inserting ‘‘active serv-
19 ice’’; and
20 (ii) in the second sentence, by striking
21 ‘‘or (D)’’ and inserting ‘‘(D), or (G)’’;
22 (D) in paragraph (5), in subparagraphs
23 (A) and (B), by striking ‘‘active duty’’ each
24 place it appears and inserting ‘‘active service’’;
25 and
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1 (E) in paragraph (7)(A)—
2 (i) by striking ‘‘service on active
3 duty’’ and inserting ‘‘active service’’; and
4 (ii) by striking ‘‘active duty for’’ and
5 inserting ‘‘active service for’’;
6 (2) in subsection (b)(1), by striking ‘‘active
7 duty’’ and inserting ‘‘active service’’; and
8 (3) in subsection (d)(1)(A), by striking ‘‘active
9 duty’’ and inserting ‘‘active service’’.
10 SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY
11 CARE UNDER TRICARE PRIME DURING PER-
12 MANENT CHANGES OF STATION.
13 (a) IN GENERAL.—Section 714 of the John S.

14 McCain National Defense Authorization Act for Fiscal
15 Year 2019 (Public Law 115–232; 10 U.S.C. 1095f note)
16 is amended—
18 section (f); and
20 lowing new subsection (e):
21 ‘‘(e) IMPROVEMENT OF SPECIALTY CARE REFER-
22 RALS DURING PERMANENT CHANGES OF STATION.—In
23 conducting evaluations and improvements under sub-
24 section (d) to the referral process described in subsection
25 (a), the Secretary shall ensure beneficiaries enrolled in
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605
1 TRICARE Prime who are undergoing a permanent
2 change of station receive referrals from their primary care
3 manager to such specialty care providers in the new loca-
4 tion as the beneficiary may need before undergoing the
5 permanent change of station.’’.
8 shall provide to the Committees on Armed Services of the
9 Senate and the House of Representatives a briefing on the
10 contractual and technical barriers preventing record shar-
11 ing between civilian provider networks under the
12 TRICARE program that lead to increased wait times for
13 care for members of the Armed Forces and the dependents
14 thereof undergoing permanent changes of station across
15 provider network regions.
16 SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL
17 HEALTH CARE SERVICES FOR MEMBERS OF
18 THE ARMED FORCES.
19 (a) IN GENERAL.—In order to reinforce the policies

20 of eliminating stigma in obtaining mental health care serv-
21 ices and further encouraging help-seeking behavior by
22 members of the Armed Forces, not later than July 1,
24 (1) update and reissue Department of Defense
25 Instruction 6490.08, titled ‘‘Command Notification
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1 Requirements to Dispel Stigma in Providing Mental
2 Health Care to Service Members’’ and issued on Au-
3 gust 17, 2011, taking into account—
4 (A) experience implementing the Instruc-
5 tion; and
6 (B) opportunities to more effectively dispel
7 stigma in obtaining mental health care services
8 and encourage help-seeking behavior; and
9 (2) develop standards within the Department of
10 Defense that—
11 (A) ensure, except in a case in which there
12 is an exigent circumstance, the confidentiality
13 of mental health care services provided to mem-
14 bers who voluntarily seek such services;
15 (B) include a model for making determina-
16 tions with respect to exigent circumstances that
17 clarifies the responsibilities regarding the deter-
18 mination of the effect on military function and
19 the prevention of self-harm by the individual;
20 and
21 (C) in a case in which there is an exigent
22 circumstance, prevent health care providers
23 from disclosing more than the minimum
24 amount of information necessary to address the
25 exigent circumstance.
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1 (b) ELEMENTS.—The standards required by sub-
2 section (a)(2) shall include the following elements:
3 (1) Requirements for confidentiality regarding
4 the request and receipt by a member of the Armed
5 Forces of mental health care services under the self-
6 initiated referral process under section 1090a(e) of
8 (2) Requirements for confidentiality regarding
9 the results of any drug testing incident to such men-
10 tal health care services.
11 (3) Procedures that reflect best practices of the
12 mental health profession with respect to suicide pre-
13 vention.
14 (4) A prohibition against retaliating against a
15 member of the Armed Forces who requests mental
16 health care services.
17 (5) Such other elements as the Secretary deter-
18 mines will most effectively support the policies of—
19 (A) eliminating stigma in obtaining mental
20 health care services; and
21 (B) encouraging help-seeking behavior by
22 members of the Armed Forces.
23 (c) JOINT POLICY WITH THE SECRETARY OF VET-
24 ERANS AFFAIRS.—
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1 (1) IN GENERAL.—Not later than July 1, 2023,
2 the Secretary of Defense and the Secretary of Vet-
3 erans Affairs shall issue a joint policy that provides,
4 except in a case in which there is an exigent cir-
5 cumstance, for the confidentiality of mental health
6 care services provided by the Secretary of Veterans
7 Affairs to members of the Armed Forces, including
8 the reserve components, under section 1712A,
9 1720F, 1720H, or 1789 of title 38, United States
10 Code, or other applicable law.
11 (2) ELEMENTS.—The joint policy issued under
12 paragraph (1) shall, to the extent practicable, in-
13 clude standards comparable to the standards devel-
14 oped under subsection (a)(2).
15 (d) REPORT.—Not later than July 1, 2023, the Sec-
16 retary of Defense shall submit to the Committees on
18 atives a copy of the standards developed under subsection
19 (a)(2) and the joint policy issued under subsection (c).
20 (e) EXIGENT CIRCUMSTANCE DEFINED.—In this sec-
21 tion, the term ‘‘exigent circumstance’’ means a cir-
22 cumstance in which the Secretary of Defense determines
23 the need to prevent serious harm to an individual or essen-
24 tial military function clearly outweighs the need for con-
25 fidentiality of information obtained by a health care pro-
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609
1 vider incident to mental health care services voluntarily
2 sought by a member of the Armed Forces.
3 SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK
4 PROVIDERS LISTED IN TRICARE DIRECTORY.
5 (a) AUDIT REQUIRED.—The Comptroller General of

6 the United States shall conduct an audit of the behavioral
7 health care providers listed in the TRICARE directory.
9 of the enactment of this Act, the Comptroller General shall
10 submit to the Committees on Armed Services of the House
11 of Representatives and the Senate a report on the findings
12 of the audit under subsection (a). Such report shall in-
13 clude the following:
14 (1) An identification of the following,
15 disaggregated by provider specialty and TRICARE
16 provider network region:
17 (A) The number of such behavioral health
18 care providers with respect to which there are
19 duplicate listings in the TRICARE directory.
20 (B) The number of such behavioral health
21 care providers that, as of the commencement of
22 the audit, were listed in the TRICARE direc-
23 tory as available and accepting new TRICARE
24 patients.
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1 (C) The number of such behavioral health
2 care providers that, as a result of the audit, the
3 Comptroller General determines are no longer
4 available or accepting new TRICARE patients.
5 (D) The number of such behavioral health
6 care providers that were not previously listed in
7 the TRICARE directory as available and ac-
8 cepting new TRICARE patients but that, as a
9 result of the audit, the Comptroller General de-
10 termines are so available and accepting.
11 (E) The number of behavioral health care
12 providers listed in the TRICARE directory that
13 are no longer practicing.
14 (F) The number of behavioral health care
15 providers that, in conducting the audit, the
16 Comptroller General could not reach for pur-
17 poses of verifying information relating to avail-
18 ability or status.
19 (2) An identification of the number of
20 TRICARE beneficiaries in each TRICARE region,
21 disaggregated by beneficiary category.
22 (3) A description of the methods by which the
23 Secretary of Defense measures the following:
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1 (A) The accessibility and accuracy of the
2 TRICARE directory, with respect to behavioral
3 health care providers listed therein.
4 (B) The adequacy of behavioral health care
5 providers under the TRICARE program.
6 (4) A description of the efforts of the Secretary
7 of Defense to recruit and retain behavioral health
8 care providers.
9 (5) Recommendations by the Comptroller Gen-
10 eral, based on the findings of the audit, on how to
11 improve the availability of behavioral health care
12 providers that are network providers under the
13 TRICARE program, including through the inclusion
14 of specific requirements in the next generation of
15 TRICARE contracts.
17 (1) The term ‘‘TRICARE directory’’ means the
18 directory of network providers under the TRICARE
19 program.
20 (2) The term ‘‘TRICARE program’’ has the
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1 SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PA-
2 TIENT SAFETY REVIEW PROCESS UNDER DI-
3 RECT CARE COMPONENT OF TRICARE PRO-
4 GRAM.
5 (a) AGREEMENT.—
7 shall seek to enter into an agreement with a feder-
8 ally funded research and development center for the
9 federally funded research and development center to
10 carry out the activities described in subsections (b)
11 and (c).
12 (2) TIMING.—The Secretary shall seek to enter
13 into the agreement described in paragraph (1) not
14 later October 1, 2023.
15 (b) ANALYSIS BY FFRDC.—
16 (1) ANALYSIS.—Under an agreement between
17 the Secretary and a federally funded research and
18 development center entered into pursuant to sub-
19 section (a), the federally funded research and devel-
20 opment center shall conduct an analysis of the qual-
21 ity and patient safety review process for health care
22 provided under the direct care component of the
23 TRICARE program and develop recommendations
24 for the Secretary based on such analysis.
25 (2) ELEMENTS.—The analysis conducted and
26 recommendations developed under paragraph (1)
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1 shall include, with respect to the direct care compo-
2 nent of the TRICARE program, an assessment of
3 the following:
4 (A) The procedures under such component
5 regarding credentialing and privileging for
6 health care providers (and an assessment of
7 compliance with such procedures).
8 (B) The processes under such component
9 for quality assurance, standard of care, and in-
10 cident review (and an assessment of compliance
11 with such processes).
12 (C) The accountability processes under
13 such component for health care providers who
14 are found to have not met a required standard
15 of care.
16 (D) The transparency activities carried out
17 under such component, including an assessment
18 of the publication of clinical quality metrics (at
19 the level of military medical treatment facilities
20 and other operational medical units of the De-
21 partment of Defense), and a comparison with
22 similar metrics for non-Department health care
23 entities.
24 (E) The standardization activities carried
25 under such component, including activities
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614
1 aimed at eliminating unwarranted variation in
2 clinical quality metrics at the level of military
3 medical treatment facilities and other oper-
4 ational medical units of the Department.
5 (F) The implementation under such com-
6 ponent of the requirements of section 744 of
7 the National Defense Authorization Act for Fis-
8 cal Year 2021 (Public Law 116–283; 134 Stat.
9 3708; 10 U.S.C. 1071 note), including with re-
10 spect to health care delivery on ships and
11 planes, in deployed settings, and in all other
12 circumstances outside of military medical treat-
13 ment facilities.
14 (G) The organizational roles and respon-
15 sibilities of military health system entities in-
16 volved in clinical quality management functions
17 under such component, including the Assistant
18 Secretary of Defense for Health Affairs, the Di-
19 rector of the Defense Health Agency, and the
20 Surgeons General of the Army, Navy, and Air
21 Force, each of whom shall conduct and submit
22 to the federally funded research and develop-
23 ment center an internal assessment of the re-
24 spective entity regarding each element set forth
25 under this paragraph.
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1 (3) INFORMATION ACCESS AND PRIVACY.—
2 (A) ACCESS TO RECORDS.—Notwith-
3 standing section 1102 of title 10, United States

4 Code, the Secretary shall provide the federally
5 funded research and development center with
6 access to such records of the Department of
7 Defense as the Secretary may determine nec-
8 essary for purposes of the federally funded re-
9 search and development center conducting the
10 analysis and developing the recommendations
12 (B) PRIVACY OF INFORMATION.—In con-
13 ducting the analysis and developing the rec-
14 ommendations under paragraph (1), the feder-
15 ally funded research and development center—
16 (i) shall maintain any personally iden-
17 tifiable information in records accessed by
18 the federally funded research and develop-
19 ment center pursuant to subparagraph (A)
20 in accordance with applicable laws, protec-
21 tions, and best practices regarding the pri-
22 vacy of information; and
23 (ii) may not permit access to such in-
24 formation by any individual or entity not
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616
1 engaged in conducting such analysis or de-
2 veloping such recommendations.
3 (c) BRIEFING AND REPORTS.—
5 days after the date of the enactment of this Act, the
6 Secretary shall submit to the Committees on Armed
7 Services of the House of Representatives and the
8 Senate an interim briefing on—
9 (A) the selection of a federally funded re-
10 search and development center with which the
11 Secretary shall seek to enter into an agreement
12 with under subsection (a);
13 (B) any related guidance issued by the
14 Secretary; and
15 (C) the methodology for conducting the
16 study to be used by such federally funded re-
17 search and development center.
18 (2) REPORT TO SECRETARY.—Under an agree-
19 ment entered into between the Secretary and a fed-
20 erally funded research and development center under
21 subsection (a), the federally funded research and de-
22 velopment center, not later than one year after the
23 date of the execution of the agreement, shall submit
24 to the Secretary a report on the findings of the fed-
25 erally funded research and development center with
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1 respect to the analysis conducted and recommenda-
2 tions developed under subsection (b).
4 120 days after the date on which the Secretary re-
5 ceives the report of the federally funded research
6 and development center under paragraph (1), the
7 Secretary shall submit to the Committees on Armed
8 Services of the House of Representatives and the
9 Senate such report, along with an assessment by the
10 Secretary of the analysis, findings, and recommenda-
11 tions contained therein and the plan of the Secretary
12 for strengthening clinical quality management in the
13 military health system.
14 (4) PUBLICATION.—The Secretary shall make
15 the report under paragraph (2) available on a public
16 website in unclassified form.
17 (d) TRICARE PROGRAM DEFINED.—In this section,
18 the term ‘‘TRICARE program’’ has the meaning given
19 such term in section 1072 of title 10, United States Code.
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1 SEC. 707. STUDY ON PROVIDING BENEFITS UNDER
2 TRICARE RESERVE SELECT AND TRICARE
3 DENTAL PROGRAM TO MEMBERS OF THE SE-
4 LECTED RESERVE AND DEPENDENTS THERE-
5 OF.
6 (a) STUDY.—The Secretary of Defense may conduct

7 a study on the feasibility, potential cost effects to the
8 budget of the Department of Defense, changes in out-of-
9 pocket costs to beneficiaries, and effects on other Federal
10 programs of expanding eligibility for TRICARE Reserve
11 Select and the TRICARE dental program to include all
12 members of the Selected Reserve of the Ready Reserve of
13 a reserve component of the Armed Forces, the dependents
14 thereof, and the non-dependent children thereof under the
15 age of 26.
16 (b) SPECIFICATIONS.—If the Secretary conducts the
17 study under subsection (a), the Secretary shall include in
18 the study an assessment of the following:
19 (1) Cost-shifting to the Department of Defense
20 to support the expansion of TRICARE Reserve Se-
21 lect and the TRICARE dental program from—
22 (A) health benefit plans under chapter 89
23 of title 5, United States Code;
24 (B) employer-sponsored health insurance;
25 (C) private health insurance;
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1 (D) insurance under a State health care
2 exchange; and
3 (E) the Medicaid program under title XIX
4 of the Social Security Act (42 U.S.C. 1396 et
5 seq.).
6 (2) New costs for the Department of Defense to
7 enroll in TRICARE Reserve Select and the
8 TRICARE dental program members of the Selected
9 Reserve of the Ready Reserve of a reserve compo-
10 nent of the Armed Forces who were previously unin-
11 sured.
12 (3) The resources needed to implement
13 TRICARE Reserve Select and the TRICARE dental
14 program for all such members, the dependents there-
15 of, and the non-dependent children thereof under the
16 age of 26.
17 (4) Cost-savings, if any, resulting from the ex-
18 pansion of TRICARE Reserve Select and the
19 TRICARE dental program with regard to increased
20 training days performed in support of mass medical
21 events during battle assemblies of the reserve com-
22 ponents, including an assessment of the impact of
23 such expansion on—
24 (A) medical readiness;
25 (B) overall deployability rates;
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1 (C) deployability timelines;
2 (D) fallout rates at mobilization sites;
3 (E) cross-leveling of members of the re-
4 serve components to backfill medical fallouts at
5 mobilization sites; and
6 (F) any other readiness metrics affected by
7 such expansion.
8 (5) Any effect of such expansion on recruitment
9 and retention of members of the Armed Forces, in-
10 cluding members of the Ready Reserve of the reserve
11 components of the Armed Forces.
12 (6) Cost-savings, if any, in contracts that imple-
13 ment the Reserve Health Readiness Program of the
15 (c) DETERMINATION OF COST EFFECTS.—If the Sec-
16 retary conducts the study under subsection (a), the Sec-
17 retary shall include in such study an assessment of the
18 potential cost effects to the budget of the Department of
19 Defense for scenarios of expanded eligibility for
20 TRICARE Reserve Select and the TRICARE dental pro-
21 gram as follows:
22 (1) Premium free for members of the Selected
23 Reserve of the Ready Reserve of a reserve compo-
24 nent of the Armed Forces, the dependents thereof,
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1 and the non-dependent children thereof under the
2 age of 26.
3 (2) Premium free for such members and sub-
4 sidized premiums for such dependents and non-de-
5 pendent children.
6 (3) Subsidized premiums for such members, de-
7 pendents, and non-dependent children.
8 (d) USE OF A FEDERALLY FUNDED RESEARCH AND
9 DEVELOPMENT CENTER.—The Secretary may enter into

10 a contract with a federally funded research and develop-
11 ment center the Secretary determines is qualified and ap-
12 propriate to conduct the study under subsection (a).
13 (e) BRIEFING; REPORT.—
14 (1) BRIEFING.—If the Secretary conducts the
15 study under subsection (a), not later than one year
17 retary shall provide to the Committees on Armed
19 tives a briefing on the methodology and approach of
20 the study.
21 (2) REPORT.—If the Secretary conducts the
22 study under subsection (a), not later than two years
24 retary shall submit to the Committees on Armed
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2 tives a report on the results of the study.
4 (1) The term ‘‘TRICARE dental program’’
5 means dental benefits under section 1076a of title
7 (2) The term ‘‘TRICARE Reserve Select’’
8 means health benefits under section 1076d of such
9 title.
10 SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING
11 TO TRICARE PROGRAM AND OVERSIGHT OF
12 SUCH CONTRACTS.

14 States shall conduct a study on certain contracts relating
15 to the TRICARE program and the oversight provided by
16 the Director of the Defense Health Agency with respect
17 to such contracts.
18 (b) MATTERS.—The study under subsection (a) shall
19 include an assessment of the following:
20 (1) TRICARE MANAGED CARE SUPPORT CON-
21 TRACTS.—With respect to TRICARE managed care

22 support contracts (including the TRICARE man-
23 aged care support contract for which the Director of
24 the Defense Health Agency published a request for
25 proposals on April 15, 2021, commonly referred to
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1 as ‘‘T-5’’), the process used in awarding such con-
2 tracts.
3 (2) OTHER CONTRACTS.—With respect to each
4 contract relating to the TRICARE program other
5 than a contract specified in paragraph (1) entered
6 into by the Director of the Defense Health Agency
7 during the period beginning on October 1, 2017, and
8 ending on September 30, 2022, where the value of
9 such contract is greater than $500,000,000, the fol-
10 lowing:
11 (A) The total number of such contracts,
12 disaggregated by fiscal year, contract type, type
13 of product or service procured, and total ex-
14 penditure under each such contract by fiscal
15 year.
16 (B) The total number of bid protests filed
17 with respect to such contracts, and the outcome
18 of such protests.
19 (C) The total number of such contracts
20 awarded through means other than full and
21 open competition.
22 (3) DEFENSE HEALTH AGENCY CONTRACT
23 OVERSIGHT.—With respect to the period beginning

24 on October 1, 2017, and ending on September 30,
25 2022, the following:
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1 (A) The staff of the Defense Health Agen-
2 cy responsible for performing oversight of the
3 contracts specified in paragraphs (1) and (2),
5 (i) The number of such staff.
6 (ii) Any professional training require-
7 ments for such staff.
8 (iii) Any acquisition certifications or
9 accreditations held by such staff.
10 (B) Any office or other element of the De-
11 fense Health Agency responsible for contract
12 award, administration, or oversight with respect
13 to the TRICARE program, including the orga-
14 nizational structure, responsibilities, authorities,
15 and key roles of each such office or element.
16 (C) The process used by the Director of
17 the Defense Health Agency for determining
18 staffing needs and competencies relating to con-
19 tract award, administration, or oversight with
20 respect to the TRICARE program.
21 (c) INTERIM BRIEFING; REPORT.—
22 (1) INTERIM BRIEFING.—Not later than one
23 year after the date of the enactment of this Act, the
24 Comptroller General shall provide to the Committees
25 on Armed Services of the House of Representatives
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1 and the Senate an interim briefing on the study
3 (2) REPORT.—Not later than two years after
4 the date of the enactment of this Act, the Comp-
5 troller General shall submit to the Committees on
7 the Senate a report containing the results of the
8 study under subsection (a).
9 SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH
10 SERVICES UNDER TRICARE PROGRAM AND
11 RELATIONSHIP TO CERTAIN MENTAL
12 HEALTH PARITY LAWS.
13 (a) STUDY AND REPORT REQUIRED.—Not later than

14 one year after the date of the enactment of this Act, the
15 Comptroller General of the United States shall—
16 (1) conduct a study to describe—
17 (A) coverage of mental health services
18 under the TRICARE program;
19 (B) any limits on such coverage that are
20 not also imposed on health services other than
21 mental health services under the TRICARE
22 program; and
23 (C) the efforts of the Department of De-
24 fense to align coverage of mental health services
25 under the TRICARE program with coverage re-
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1 quirements under mental health parity laws;
2 and
3 (2) submit to the Secretary of Defense, the con-
4 gressional defense committees, and (with respect to
5 any findings concerning the Coast Guard when it is
6 not operating as a service in the Department of the
7 Navy), the Secretary of Homeland Security, the
8 Committee on Transportation and Infrastructure of
9 the House of Representatives, and the Committee on
10 Commerce, Science, and Transportation of the Sen-
11 ate a report containing the findings of such study.
13 (1) The term ‘‘mental health parity laws’’
14 means—
15 (A) section 2726 of the Public Health
16 Service Act (42 U.S.C. 300gg–26);
17 (B) section 712 of the Employee Retire-
18 ment Income Security Act of 1974 (29 U.S.C.
19 1185a);
20 (C) section 9812 of the Internal Revenue
21 Code of 1986 (26 U.S.C. 9812); or
22 (D) any other Federal law that applies the
23 requirements under any of the sections de-
24 scribed in subparagraph (A), (B), or (C), or re-
25 quirements that are substantially similar to
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1 those provided under any such section, as deter-
2 mined by the Comptroller General.
6 Subtitle B—Health Care
7 Administration
8 SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UN-
9 DERGOING DISABILITY EVALUATION.
10 (a) POLICY.—Not later than April 1, 2023, the Sec-

11 retary of Defense, in consultation with the Secretaries
12 concerned, shall establish a policy to ensure accountability
13 for actions taken under the authorities of the Defense
14 Health Agency and the Armed Forces, respectively, con-
15 cerning wounded, ill, and injured members of the Armed
16 Forces during the integrated disability evaluation system
17 process. Such policy shall include the following:
18 (1) A restatement of the requirement that, in
19 accordance with section 1216(b) of title 10, United
20 States Code, a determination of fitness for duty of
21 a member of the Armed Forces under chapter 61 of
22 title 10, United States Code, is the responsibility of
23 the Secretary concerned.
24 (2) A description of the role of the Director of
25 the Defense Health Agency in supporting the Secre-
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1 taries concerned in carrying out determinations of
2 fitness for duty as specified in paragraph (1).
3 (3) A description of how the medical evaluation
4 board processes of the Armed Forces are integrated
5 with the Defense Health Agency, including with re-
6 spect to case management, appointments, and other
7 relevant matters.
8 (4) A requirement that, in determining fitness
9 for duty of a member of the Armed Forces under
10 chapter 61 of title 10, United States Code, the Sec-
11 retary concerned shall consider the results of any
12 medical evaluation of the member provided under
13 the authority of the Defense Health Agency pursu-
14 ant to section 1073c of title 10, United States Code.
15 (5) A description of how the Director of the De-
16 fense Health Agency adheres to the medical evalua-
17 tion processes of the Armed Forces, including an
18 identification of each applicable regulation or policy
19 to which the Director is required to so adhere.
20 (6) An assessment of the feasibility of affording
21 various additional due process protections to mem-
22 bers of the Armed Forces undergoing the medical
23 evaluation board process.
24 (7) A restatement of the requirement that
25 wounded, ill, and injured members of the Armed
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1 Forces may not be denied any due process protection
2 afforded under applicable law or regulation of the
3 Department of Defense or the Armed Forces.
4 (8) A description of the types of due process
5 protections specified in paragraph (7), including an
6 identification of each specific due process protection.
7 (b) CLARIFICATION OF RESPONSIBILITIES REGARD-
8 ING MEDICAL EVALUATION BOARDS.—Section 1073c of
9 title 10, United States Code, is amended—
10 (1) by redesignating subsection (h) as sub-
11 section (i); and
12 (2) by inserting after subsection (g) the fol-
13 lowing new subsection (h):
14 ‘‘(h) RULE OF CONSTRUCTION REGARDING SECRE-
15 TARIES CONCERNED AND MEDICAL EVALUATION
16 BOARDS.—Nothing in this section shall be construed as
17 transferring to the Director of the Defense Health Agency,
18 or otherwise revoking, any authority or responsibility of
19 the Secretary concerned under chapter 61 of this title with
20 respect to a member of the armed forces (including with
21 respect to the administration of morale and welfare and
22 the determination of fitness for duty for the member)
23 while the member is being considered by a medical evalua-
24 tion board.’’.
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1 (c) BRIEFING.—Not later than February 1, 2023, the
2 Secretary of Defense shall provide to the Committees on
4 Senate a briefing on the status of the implementation of
5 subsections (a) and (b).
6 (d) REPORT.—Not later than one year after the date
9 House of Representatives and the Senate a report on the
10 implementation of subsections (a) and (b), lessons learned
11 as a result of such implementation, and the recommenda-
12 tions of the Secretary relating to the policy on wounded,
13 ill, and injured members of the Armed Forces undergoing
14 the integrated disability evaluation system process.
15 (e) SECRETARY CONCERNED DEFINED.—In this sec-
17 given that term in section 101 of title 10, United States
18 Code.
19 SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CA-
20 PABILITIES IN REQUIREMENTS FOR MEDICAL
21 CENTERS.
22 Section 1073d(b)(3) of title 10, United States Code,

23 is amended by striking ‘‘or level two’’ and inserting ‘‘, level
24 two, or level three’’.
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1 SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE
2 IN MILITARY HEALTH SYSTEM.
3 (a) CENTERS OF EXCELLENCE.—Section

4 1073d(b)(4) of title 10, United States Code, is amended
6 ‘‘(4)(A) The Secretary shall designate certain major
7 medical centers as regional centers of excellence for the
8 provision of specialty care services in the areas of specialty
9 care described in subparagraph (D). A major medical cen-
10 ter may be designated as a center of excellence under this
11 subparagraph for more than one such area of specialty
12 care.
13 ‘‘(B) The Secretary may designate certain medical
14 centers as satellite centers of excellence for the provision
15 of specialty care services for specific conditions, such as
16 the following:
17 ‘‘(i) Post-traumatic stress.
18 ‘‘(ii) Traumatic brain injury.
19 ‘‘(iii) Such other conditions as the Secretary de-
20 termines appropriate.
21 ‘‘(C) Centers of excellence designated under this
22 paragraph shall serve the purposes of—
23 ‘‘(i) ensuring the military medical force readi-
24 ness of the Department of Defense and the medical
25 readiness of the armed forces;
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1 ‘‘(ii) improving the quality of health care fur-
2 nished by the Secretary to eligible beneficiaries; and
3 ‘‘(iii) improving health outcomes for eligible
4 beneficiaries.
5 ‘‘(D) The areas of specialty care described in this
6 subparagraph are as follows:
7 ‘‘(i) Oncology.
8 ‘‘(ii) Burn injuries and wound care.
9 ‘‘(iii) Rehabilitation medicine.
10 ‘‘(iv) Psychological health and traumatic brain
11 injury.
12 ‘‘(v) Amputations and prosthetics.
13 ‘‘(vi) Neurosurgery.
14 ‘‘(vii) Orthopedic care.
15 ‘‘(viii) Substance abuse.
16 ‘‘(ix) Infectious diseases and preventive medi-
17 cine.
18 ‘‘(x) Cardiothoracic surgery.
19 ‘‘(xi) Such other areas of specialty care as the
20 Secretary determines appropriate.
21 ‘‘(E)(i) Centers of excellence designated under this
22 paragraph shall be the primary source within the military
23 health system for the receipt by eligible beneficiaries of
24 specialty care.
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1 ‘‘(ii) Eligible beneficiaries seeking a specialty care
2 service through the military health system shall be re-
3 ferred to a center of excellence designated under subpara-
4 graph (A) for that area of specialty care or, if the specialty
5 care service sought is unavailable at such center, to an
6 appropriate specialty care provider in the private sector.
7 ‘‘(F) Not later than 90 days prior to the designation
8 of a center of excellence under this paragraph, the Sec-
9 retary shall notify the Committees on Armed Services of
10 the House of Representatives and the Senate of such des-
11 ignation.
12 ‘‘(G) In this paragraph, the term ‘eligible beneficiary’
13 means any beneficiary under this chapter.’’.
14 (b) DEADLINE.—The Secretary of Defense shall des-
15 ignate certain major medical centers as regional centers
16 of excellence in accordance with section 1073d(b)(4)(A) of
17 title 10, United States Code, as added by subsection (a),
18 by not later than one year after the date of the enactment
19 of this Act.
20 (c) REPORT.—
21 (1) SUBMISSION.—Not later than 180 days
25 the Senate a report that sets forth the plan of the
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1 Department of Defense to designate centers of excel-
2 lence under section 1073d(b)(4) of title 10, United
3 States Code, as added by subsection (a).
4 (2) ELEMENTS.—The report under paragraph
6 (A) A list of the centers of excellence to be
7 designated under such section 1073d(b)(4) and
8 the locations of such centers.
9 (B) A description of the specialty care
10 services to be provided at each such center and
11 a staffing plan for each such center.
12 (C) A description of how each such center
13 shall improve—
14 (i) the military medical force readi-
15 ness of the Department and the medical
16 readiness of the Armed Forces;
17 (ii) the quality of care received by eli-
18 gible beneficiaries; and
19 (iii) the health outcomes of eligible
20 beneficiaries.
21 (D) A comprehensive plan for the referral
22 of eligible beneficiaries for specialty care serv-
23 ices at centers of excellence designated under
24 such section 1073d(b)(4) and appropriate spe-
25 cialty care providers in the private sector.
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1 (E) A plan to assist eligible beneficiaries
2 with travel and lodging, if necessary, in connec-
3 tion with the receipt of specialty care services at
4 centers of excellence designated under such sec-
5 tion 1073d(b)(4) or appropriate specialty care
6 providers in the private sector.
7 (F) A plan to transfer specialty care pro-
8 viders of the Department to centers of excel-
9 lence designated under such section
10 1073d(b)(4), in a number as determined by the
11 Secretary to be required to provide specialty
12 care services to eligible beneficiaries at such
13 centers.
14 (G) A plan to monitor access to care, bene-
15 ficiary satisfaction, experience of care, and clin-
16 ical outcomes to understand better the impact
17 of such centers on the health care of eligible
18 beneficiaries.
19 (d) ELIGIBLE BENEFICIARY DEFINED.—In this sec-
20 tion, the term ‘‘eligible beneficiary’’ means any beneficiary
21 under chapter 55 of title 10, United States Code.
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1 SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING
2 FACILITIES TO IMPROVE MEDICAL FORCE
3 READINESS.
4 (a) IN GENERAL.—Section 1073d(b) of title 10,

5 United States Code, as amended by section 713, is further
7 graph:
8 ‘‘(5)(A) The Secretary of Defense shall designate and
9 maintain certain military medical treatment facilities as
10 core casualty receiving facilities, to ensure the medical ca-
11 pability and capacity required to diagnose, treat, and reha-
12 bilitate large volumes of combat casualties and, as may
13 be directed by the President or the Secretary, provide a
14 medical response to events the President determines or de-
15 clares as natural disasters, mass casualty events, or other
16 national emergencies.
17 ‘‘(B) The Secretary shall ensure that the military
18 medical treatment facilities selected for designation pursu-
19 ant to subparagraph (A) are geographically located to fa-
20 cilitate the aeromedical evacuation of casualties from thea-
21 ters of operations.
22 ‘‘(C) The Secretary—
23 ‘‘(i) shall ensure that the Secretaries of the
24 military departments assign military personnel to
25 core casualty receiving facilities designated under
26 subparagraph (A) at not less than 90 percent of the
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1 staffing level required to maintain the operating bed
2 capacity necessary to support operation planning re-
3 quirements;
4 ‘‘(ii) may augment the staffing of military per-
5 sonnel at core casualty receiving facilities under sub-
6 paragraph (A) with civilian employees of the Depart-
7 ment of Defense to fulfil the staffing requirement
8 under clause (i); and
9 ‘‘(iii) shall ensure that each core casualty re-
10 ceiving facility under subparagraph (A) is staffed
11 with a civilian Chief Financial Officer and a civilian
12 Chief Operating Officer with experience in the man-
13 agement of civilian hospital systems, for the purpose
14 of ensuring continuity in the management of the fa-
15 cility.
16 ‘‘(D) In this paragraph:
17 ‘‘(i) The term ‘core casualty receiving facility’
18 means a Role 4 medical treatment facility that
19 serves as a medical hub for the receipt and treat-
20 ment of casualties, including civilian casualties, that
21 may result from combat or from an event the Presi-
22 dent determines or declares as a natural disaster,
23 mass casualty event, or other national emergency.
24 ‘‘(ii) The term ‘Role 4 medical treatment facil-
25 ity’ means a medical treatment facility that provides
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1 the full range of preventative, curative, acute, con-
2 valescent, restorative, and rehabilitative care.’’.
3 (b) TIMELINE FOR ESTABLISHMENT.—
4 (1) DESIGNATION.—Not later than October 1,
5 2024, the Secretary of Defense shall designate four
6 military medical treatment facilities as core casualty
7 receiving facilities under section 1073d(b)(5) of title
8 10, United States Code (as added by subsection (a)).
9 (2) OPERATIONAL.—Not later than October 1,
10 2025, the Secretary shall ensure that each such des-
11 ignated military medical treatment facility is fully
12 staffed and operational as a core casualty receiving
13 facility, in accordance with the requirements of such
14 section 1073d(b)(5).
15 SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT
16 TO MODIFY SCOPE OF SERVICES PROVIDED
17 AT MILITARY MEDICAL TREATMENT FACILI-
18 TIES.
19 Section 1073d of title 10, United States Code, as

20 amended by section 714, is further amended by adding
21 at the end the following new subsection:
22 ‘‘(f) NOTIFICATION REQUIRED TO MODIFY SCOPE OF
23 SERVICES PROVIDED AT MILITARY MEDICAL TREATMENT
24 FACILITIES.—(1) The Secretary of Defense may not mod-
25 ify the scope of medical care provided at a military medical
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639
1 treatment facility, or the beneficiary population served at
2 the facility, unless—
3 ‘‘(A) the Secretary submits to the Committees
4 on Armed Services of the House of Representatives
5 and the Senate a notification of the proposed modi-
6 fication in scope;
7 ‘‘(B) a period of 180 days has elapsed following
8 the date on which the Secretary submits such notifi-
9 cation; and
10 ‘‘(C) if the proposed modification in scope in-
11 volves the termination or reduction of inpatient ca-
12 pabilities at a military medical treatment facility lo-
13 cated outside the United States, the Secretary has
14 provided to each member of the armed forces or cov-
15 ered beneficiary receiving services at such facility a
16 transition plan for the continuity of health care for
17 such member or covered beneficiary.
18 ‘‘(2) Each notification under paragraph (1) shall con-
19 tain information demonstrating, with respect to the mili-
20 tary medical treatment facility for which the modification
21 in scope has been proposed, the extent to which the com-
22 mander of the military installation at which the facility
23 is located has been consulted regarding such modification,
24 to ensure that the proposed modification in scope would
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1 have no impact on the operational plan for such installa-
2 tion.’’.
3 SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FI-
4 NANCIAL HARM CAUSED TO CIVILIANS FOR
5 CARE PROVIDED AT MILITARY MEDICAL
6 TREATMENT FACILITIES.
7 (a) CLARIFICATION OF FEE WAIVER PROCESS.—Sec-

8 tion 1079b of title 10, United States Code, is amended—
9 (1) by amending subsection (b) to read as fol-
10 lows:
11 ‘‘(b) WAIVER OF FEES.—The Director of the Defense
12 Health Agency may issue a waiver for a fee that would
13 otherwise be charged under the procedures implemented
14 under subsection (a) to a civilian provided medical care
15 who is not a covered beneficiary if the provision of such
16 care enhances the knowledge, skills, and abilities of health
17 care providers, as determined by the Director of the De-
18 fense Health Agency.’’; and
20 section (d).
21 (b) MODIFIED PAYMENT PLAN FOR CERTAIN CIVIL-
22 IANS.—Such section is further amended—
23 (1) by inserting after subsection (b), as amend-
24 ed by subsection (a), the following:
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1 ‘‘(c) MODIFIED PAYMENT PLAN FOR CERTAIN CIVIL-
2 IANS.—(1)(A) If a civilian specified in subsection (a) is
3 covered by a covered payer at the time care under this
4 section is provided, the civilian shall only be responsible
5 to pay the standard copays, coinsurance, deductibles, or
6 nominal fees that are otherwise applicable under the cov-
7 ered payer plan.
8 ‘‘(B) Except with respect to the copays, coinsurance,
9 deductibles, and nominal fees specified in subparagraph
10 (A)—
11 ‘‘(i) the Secretary of Defense may bill only the
12 covered payer for care provided to a civilian de-
13 scribed in subparagraph (A); and
14 ‘‘(ii) payment received by the Secretary from
15 the covered payer of a civilian for care provided
16 under this section that is provided to the civilian
17 shall be considered payment in full for such care.
18 ‘‘(2) If a civilian specified in subsection (a) does not
19 meet the criteria under paragraph (1), is underinsured,
20 or has a remaining balance and is at risk of financial
21 harm, the Director of the Defense Health Agency shall
22 reduce each fee that would otherwise be charged to the
23 civilian under this section according to a sliding fee dis-
24 count program, as prescribed by the Director of the De-
25 fense Health Agency.
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1 ‘‘(3) If a civilian specified in subsection (a) does not
2 meet the criteria under paragraph (1) or (2), the Director
3 of the Defense Health Agency shall implement an addi-
4 tional catastrophic waiver to prevent severe financial
5 harm.
6 ‘‘(4) The modified payment plan under this sub-
7 section may not be administered by a Federal agency other
8 than the Department of Defense.’’; and
10 section:
12 ‘‘(1) The term ‘covered payer’ means a third-
13 party payer or other insurance, medical service, or
14 health plan.
15 ‘‘(2) The terms ‘third-party payer’ and ‘insur-
16 ance, medical service, or health plan’ have the mean-
17 ing given those terms in section 1095(h) of this
18 title.’’.
19 (c) APPLICABILITY.—The amendments made by sub-
20 sections (a) and (b) shall apply with respect to care pro-
21 vided on or after the date that is 180 days after the date
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1 SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEM-
2 ONSTRATION PROJECTS RELATING TO DE-
3 LIVERY OF HEALTH AND MEDICAL CARE
4 THROUGH USE OF OTHER TRANSACTION AU-
5 THORITY.
6 (a) IN GENERAL.—Section 1092(b) of title 10,

7 United States Code, is amended by inserting ‘‘or trans-
8 actions (other than contracts, cooperative agreements, and
9 grants)’’ after ‘‘contracts’’.
13 Senate and the House of Representatives a briefing on
14 how the Secretary intends to use the authority to enter
15 into transactions under section 1092(b) of title 10, United
16 States Code, as amended by subsection (a).
17 SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN
18 HEALTH-CARE PROFESSIONALS PROVIDING
19 SERVICES AS PART OF MISSION RELATING TO
20 EMERGENCY, HUMANITARIAN, OR REFUGEE
21 ASSISTANCE.
22 Section 1094(d)(2) of title 10, United States Code,

23 is amended by inserting ‘‘ contractor not covered under
24 section 1091 of this title who is providing medical treat-
25 ment as part of a mission relating to emergency, humani-
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1 tarian, or refugee assistance,’’ after ‘‘section 1091 of this
2 title,’’.
3 SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO
4 IMPROVE OPIOID MANAGEMENT IN THE MILI-
5 TARY HEALTH SYSTEM.

8 232; 10 U.S.C. 1090 note), is amended—
9 (1) in subsection (a)(1), by striking ‘‘Beginning
10 not’’ and inserting ‘‘Except as provided in sub-
11 section (e), beginning not’’;
13 section (f); and
16 ‘‘(e) ALTERNATIVE INITIATIVE TO IMPROVE OPIOID
17 MANAGEMENT.—As an alternative to the pilot program
18 under this section, the Director of the Defense Health
19 Agency, not later than January 1, 2023—
20 ‘‘(1) may implement a permanent program to
21 improve opioid management for beneficiaries under
22 the TRICARE program; and
23 ‘‘(2) if the Director decides to implement such
24 a permanent program, shall submit to the Commit-
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1 of Representatives the specifications of and reasons
2 for implementing such program.’’.
3 SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER
4 RESEARCH AND DEVELOPMENT AND PUBLIC
5 HEALTH FUNCTIONS TO DEFENSE HEALTH
6 AGENCY.
7 (a) TEMPORARY RETENTION.—Notwithstanding sec-

8 tion 1073c(e) of title 10, United States Code, at the dis-
9 cretion of the Secretary of Defense, a military department
10 may retain, until not later than February 1, 2024, a cov-
11 ered function if the Secretary of Defense determines the
12 covered function—
13 (1) addresses a need that is unique to the mili-
14 tary department; and
15 (2) is in direct support of operating forces and
16 necessary to execute strategies relating to national
17 security and defense.
18 (b) BRIEFING.—
19 (1) IN GENERAL.—Not later than March 1,
22 resentatives and the Senate a briefing on any cov-
23 ered function that the Secretary has determined
24 should be retained by a military department pursu-
25 ant to subsection (a).
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1 (2) ELEMENTS.—The briefing required by
2 paragraph (1) shall address the following:
3 (A) A description of each covered function
4 that the Secretary has determined should be re-
5 tained by a military department pursuant to
6 subsection (a).
7 (B) The rationale for each such determina-
8 tion.
9 (C) Recommendations for amendments to
10 section 1073c of title 10, United States Code,
11 to authorize the ongoing retention of covered
12 functions by military departments.
13 (c) MODIFICATION TO NAMES OF PUBLIC HEALTH
14 COMMANDS.—Section 1073c(e)(2)(B) of title 10, United
15 States Code, is amended by striking ‘‘Army Public Health
16 Command, the Navy–Marine Corps Public Health Com-
17 mand’’ and inserting ‘‘Army Public Health Center, the
18 Navy–Marine Corps Public Health Center’’.
19 (d) COVERED FUNCTION DEFINED.—In this section,
20 the term ‘‘covered function’’ means—
21 (1) a function relating to research and develop-
22 ment that would otherwise be transferred to the De-
23 fense Health Agency Research and Development
24 pursuant to section 1073c(e)(1) of title 10, United
25 States Code; or
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1 (2) a function relating to public health that
2 would otherwise be transferred to the Defense
3 Health Agency Public Health pursuant to section
4 1073c(e)(2) of such title.
5 SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL
6 RECORDS BY REMARRIED FORMER SPOUSES.
7 (a) ACCESS.—The Secretary of Defense may author-

8 ize a remarried former spouse who is a custodial parent
9 of a dependent child to retain electronic access to the priv-
10 ileged medical records of such dependent child, notwith-
11 standing that the former spouse is no longer a dependent
12 under section 1072(2) of title 10, United States Code.
14 (1) The term ‘‘dependent’’ has the meaning
15 given that term in section 1072 of title 10, United
16 States Code.
17 (2) The term ‘‘dependent child’’ means a de-
18 pendent child of a remarried former spouse and a
19 member or former member of a uniformed service.
20 (3) The term ‘‘remarried former spouse’’ means
21 a remarried former spouse of a member or former
22 member of a uniformed service.
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1 SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PRO-
2 GRAM TO PROMOTE EARLY LITERACY
3 AMONG CERTAIN YOUNG CHILDREN.
4 (a) AUTHORITY.—The Secretary of Defense may

5 carry out a program to promote early literacy among
6 young children in child development centers and libraries
7 located on installations of the Department of Defense.
8 (b) ACTIVITIES.—Activities under the program under
9 subsection (a) shall include the following:
10 (1) The provision of training on early literacy
11 promotion to appropriate personnel of the Depart-
12 ment.
13 (2) The purchase and distribution of age-appro-
14 priate books to covered caregivers assigned to or
15 serving at an installation of the Department with a
16 child development center or library at which the Sec-
17 retary is carrying out the program.
18 (3) The dissemination to covered caregivers of
19 education materials on early literacy.
20 (4) Such other activities as the Secretary deter-
22 (c) LOCATIONS.—In carrying out the program under
23 subsection (a), the Secretary may conduct the activities
24 under subsection (b) at any child development center or
25 library located on an installation of the Department.
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2 date of the enactment of this Act, the Secretary shall pro-
3 vide to the Committees on Armed Services of the House
4 of Representatives and the Senate a briefing on the extent
5 to which the authority under subsection (a) is used, in-
6 cluding—
7 (1) a description of any activities carried out
8 under the program so authorized; and
9 (2) an evaluation of the potential expansion of
10 such program to be included as a part of the pedi-
11 atric primary care of young children and to be car-
12 ried out in military medical treatment facilities.
14 (1) The term ‘‘covered caregiver’’ means a
15 member of the Armed Forces who is a caregiver of
16 a young child.
17 (2) The term ‘‘young child’’ means any child
18 from birth to the age of five years old, inclusive.
19 SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION
20 DEMONSTRATION.

23 fense, acting through the Director of the Defense Health
24 Agency, shall submit to the Committees on Armed Serv-
25 ices of the House of Representatives and the Senate a plan
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1 for the conduct of the Accountable Care Organization
2 demonstration, notice of which was published in the Fed-
3 eral Register on August 16, 2019 (84 Fed. Reg. 41974),
4 (in this section referred to as the ‘‘Demonstration’’).
5 (b) ELEMENTS.—The plan under subsection (a) shall
6 include, the following:
7 (1) A description of how the Demonstration
8 shall be conducted to deliver improved health out-
9 comes, improved quality of care, and lower costs
10 under the TRICARE program.
11 (2) A description of the results for the
12 TRICARE program that the Secretary plans to
13 achieve through the Demonstration, with respect to
14 the following outcome measures:
15 (A) Clinical performance.
16 (B) Utilization improvement.
17 (C) Beneficiary engagement.
18 (D) Membership growth and retention.
19 (E) Case management.
20 (F) Continuity of care.
21 (G) Use of telehealth.
22 (3) A description of how the Demonstration
23 shall be conducted to shift financial risk from the
24 Department of Defense to civilian health care pro-
25 viders.
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1 (4) A description of how investment in the
2 Demonstration shall serve as a bridge to future com-
3 petitive demonstrations of the Department of De-
4 fense with accountable care organizations.
5 (5) A detailed description of the geographic lo-
6 cations at which the Secretary plans to conduct such
7 future competitive demonstrations.
8 (6) A description of how a third-party adminis-
9 trator shall manage the administrative components
10 of the Demonstration, including with respect to eligi-
11 bility, enrollment, premium payment processes, sub-
12 mission of qualifying life events changes, and mail-
13 ing address changes.
14 (c) TRICARE PROGRAM DEFINED.—In this section,
15 the term ‘‘TRICARE program’’ has the meaning given
16 that term in section 1072 of title 10, United States Code.
17 SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING
18 A MILITARY HEALTH SYSTEM MEDICAL LO-
19 GISTICS DIRECTORATE AND MILITARY
20 HEALTH SYSTEM EDUCATION AND TRAINING
21 DIRECTORATE.
22 (a) STUDY AND PLAN.—The Secretary of Defense,

23 in consultation with the Secretaries of the military depart-
24 ments and the Joint Chiefs of Staff, shall—
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1 (1) conduct a study on the feasibility of the es-
2 tablishment within the Defense Health Agency of
3 two subordinate organizations, to be known as the
4 Military Health System Medical Logistics Direc-
5 torate and the Military Health System Education
6 and Training Directorate, respectively; and
7 (2) develop a plan for such establishment.
8 (b) ELEMENTS.—The plan under subsection (a)(2)
10 (1) MILITARY HEALTH SYSTEM MEDICAL LO-
11 GISTICS DIRECTORATE.—With respect to the Mili-

12 tary Health System Medical Logistics Directorate,
13 the following:
15 structure of the Directorate (including any sub-
16 ordinate organizations), including the incorpo-
17 ration into the Directorate of existing organiza-
18 tions of the military departments that provide
19 operational theater medical materiel support.
20 (B) A description of the resourcing by the
21 Secretary of the executive leadership of the Di-
22 rectorate.
23 (C) A description of the geographic loca-
24 tion, or multiple such locations, of the elements
25 of the Directorate.
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1 (D) A description of how the head of the
2 medical research and development organization
3 within the Defense Health Agency shall coordi-
4 nate with the Directorate.
5 (E) A description of the ability of the Di-
6 rectorate to address the medical logistics re-
7 quirements of the military departments, the
8 combatant commands, and the Joint Staff.
9 (F) A description of any additional funding
10 required to establish the Directorate.
11 (G) A description of any additional legisla-
12 tive authorities required to establish the Direc-
13 torate, including any such authorities required
14 for the leadership and direction of the Direc-
15 torate.
16 (H) A description of any military depart-
17 ment-specific capabilities, requirements, or best
18 practices relating to medical logistics necessary
19 to be considered prior to the establishment of
20 the Directorate.
21 (I) Such other matters relating to the es-
22 tablishment, operations, or activities of the Di-
23 rectorate as the Secretary may determine ap-
24 propriate.
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1 (2) MILITARY HEALTH SYSTEM EDUCATION
2 AND TRAINING DIRECTORATE.—With respect to the

3 Military Health System Education and Training Di-
4 rectorate, the following:
6 structure of the Directorate (including any sub-
7 ordinate organizations), including the incorpo-
8 ration into the Directorate of existing organiza-
9 tions that provide relevant medical education
10 and training, such as the following:
11 (i) The Uniformed Services University
12 of the Health Sciences.
13 (ii) The College of Allied Health
14 Sciences of the Uniformed Services Univer-
15 sity of the Health Sciences.
16 (iii) The Medical Education and
17 Training Campus of the Department of
18 Defense.
19 (iv) The medical education and train-
20 ing commands and organizations of the
21 military departments.
22 (v) The medical training programs of
23 the military departments affiliated with ci-
24 vilian academic institutions.
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1 (B) A description of the resourcing by the
2 Secretary of the executive leadership of the Di-
3 rectorate.
4 (C) A description of the geographic loca-
5 tion, or multiple such locations, of the elements
6 of the Directorate.
7 (D) A description of the ability of the Di-
8 rectorate to address the medical education and
9 training requirements of the military depart-
10 ments.
11 (E) A description of any additional funding
12 required for the establishment the Directorate.
13 (F) A description of any additional legisla-
14 tive authorities required for the establishment
15 of the Directorate, including any such authori-
16 ties required for the leadership and direction of
17 the Directorate.
18 (G) Such other matters relating to the es-
19 tablishment, operations, or activities of the Di-
20 rectorate as the Secretary may determine ap-
21 propriate.
22 (c) SUBMISSION.—Not later than one year after the
25 House of Representatives and the Senate—
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1 (1) the results of the study under subsection
2 (a)(1); and
3 (2) the plan under subsection (a)(2).
4 Subtitle C—Reports and Other
5 Matters
6 SEC. 731. BRIEFING AND REPORT ON REDUCTION OR RE-
7 ALIGNMENT OF MILITARY MEDICAL MAN-
8 NING AND MEDICAL BILLETS.
9 Section 731(a)(2)(A) of the National Defense Au-

11 81; 135 Stat. 1796) is amended to read as follows:
12 ‘‘(A) BRIEFING; REPORT.—The Comp-
13 troller General of the United States shall—
14 ‘‘(i) not later than February 1, 2023,
15 provide to the Committees on Armed Serv-
16 ices of the House of Representatives and
17 the Senate a briefing on preliminary obser-
18 vations regarding the analyses used to sup-
19 port any reduction or realignment of mili-
20 tary medical manning, including any re-
21 duction or realignment of medical billets of
22 the military departments; and
23 ‘‘(ii) not later than May 31, 2023,
24 submit to the Committees on Armed Serv-
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1 ices of the House of Representatives and
2 the Senate a report on such analyses.’’.
3 SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF
4 DEFENSE COMPREHENSIVE AUTISM CARE
5 DEMONSTRATION PROGRAM.

9 (1) in subsection (b)(2)—
10 (A) in subparagraph (A)—
11 (i) by inserting ‘‘broadly’’ after ‘‘dis-
12 order’’; and
13 (ii) by striking ‘‘demonstration
14 project’’ and inserting ‘‘demonstration pro-
15 gram’’;
16 (B) in subparagraph (B), by striking
17 ‘‘demonstration project’’ and inserting ‘‘dem-
18 onstration program’’;
19 (C) in subparagraph (C), by inserting ‘‘pa-
20 rental involvement in applied behavioral anal-
21 ysis treatment, and’’ after ‘‘including’’;
22 (D) in subparagraph (D), by striking ‘‘for
23 an individual who has’’ and inserting ‘‘, includ-
24 ing mental health outcomes, for individuals who
25 have’’;
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1 (E) in subparagraph (E), by inserting
2 ‘‘since its inception’’ after ‘‘demonstration pro-
3 gram’’;
4 (F) in subparagraph (F), by inserting
5 ‘‘cost effectiveness, program effectiveness, and
6 clinical’’ after ‘‘measure the’’;
7 (G) in subparagraph (G), by inserting
8 ‘‘than in the general population’’ after ‘‘fami-
9 lies’’;
10 (H) by redesignating subparagraph (H) as
11 subparagraph (I); and
12 (I) by inserting after subparagraph (G) the
13 following new subparagraph (H):
14 ‘‘(H) An analysis of whether the diagnosis
15 and treatment of autism is higher among the
16 children of military families than in the general
17 population.’’; and
18 (2) in subsection (c), in the matter preceding
19 paragraph (1), by striking ‘‘nine’’ and inserting
20 ‘‘31’’.
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1 SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIRE-
2 MENTS AND COMPENSATION AUTHORITY FOR
3 INDEPENDENT SUICIDE PREVENTION AND
4 RESPONSE REVIEW COMMITTEE.

8 (1) in subsection (b)(3), by striking ‘‘none of
9 whom may be’’ and all that follows through the clos-
10 ing period and inserting ‘‘none of whom may be—
11 ’’
12 ‘‘(A) a member of an Armed Force; or
13 ‘‘(B) a civilian employee of the Depart-
14 ment of Defense, unless the individual is a
15 former member of an Armed Force.’’.
16 (2) by redesignating subsections (f) through (h)
17 as subsections (g) through (i), respectively; and
19 lowing new subsection (f):
20 ‘‘(f) COMPENSATION.—
21 ‘‘(1) IN GENERAL.—Except as provided in para-
22 graph (2), the Secretary may compensate members
23 of the committee established under subsection (a)
24 for the work of such members for the committee.
25 ‘‘(2) EXCEPTION.—A member of the committee
26 established under subsection (a) who is a civilian
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1 employee of the Department of Defense and a
2 former member of an Armed Force may not receive
3 compensation under paragraph (1).
4 ‘‘(3) TREATMENT OF COMPENSATION.—A mem-
5 ber of the committee established under subsection
6 (a) who receives compensation under paragraph (1)
7 shall not be considered a civilian employee of the
8 Department of Defense for purposes of subsection
9 (b)(3)(B).’’.
10 SEC. 734. TERMINATION OF VETERANS’ ADVISORY BOARD
11 ON RADIATION DOSE RECONSTRUCTION.
12 Section 601 of the Veterans Benefit Act of 2003

13 (Public Law 108–183; 38 U.S.C. 1154 note) is amend-
14 ed—
15 (1) in subsection (b), by striking ‘‘, including
16 the establishment of the advisory board required by
17 subsection (c)’’; and
18 (2) by striking subsection (c).
19 SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF
20 DEFENSE.
21 (a) IN GENERAL.—The Secretary of Defense, in con-

22 sultation with the Secretaries concerned, shall establish a
23 comprehensive initiative for brain health to be known as
24 the ‘‘Warfighter Brain Health Initiative’’ (in this section
25 referred to as the ‘‘Initiative’’) for the purpose of unifying
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1 efforts and programs across the Department of Defense
2 to improve the cognitive performance and brain health of
3 members of the Armed Forces.
4 (b) OBJECTIVES.—The objectives of the Initiative
5 shall be the following:
6 (1) To enhance, maintain, and restore the cog-
7 nitive performance of members of the Armed Forces
8 through education, training, prevention, protection,
9 monitoring, detection, diagnosis, treatment, and re-
10 habilitation, including through the following activi-
11 ties:
12 (A) The establishment of a program to
13 monitor cognitive brain health across the De-
14 partment of Defense, with the goal of detecting
15 any need for cognitive enhancement or restora-
16 tion resulting from potential brain exposures of
17 members of Armed Forces, to mitigate possible
18 evolution of injury or disease progression.
19 (B) The identification and dissemination of
20 thresholds for blast pressure safety and associ-
21 ated emerging scientific evidence.
22 (C) The modification of high-risk training
23 and operational activities to mitigate the nega-
24 tive effects of repetitive blast exposure.
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1 (D) The identification of individuals who
2 perform high-risk training or occupational ac-
3 tivities, for purposes of increased monitoring of
4 the brain health of such individuals.
5 (E) The development and operational field-
6 ing of non-invasive, portable, point-of-care med-
7 ical devices, to inform the diagnosis and treat-
8 ment of traumatic brain injury.
9 (F) The establishment of a standardized
10 monitoring program that documents and ana-
11 lyzes blast exposures that may affect the brain
12 health of members of the Armed Forces.
13 (G) The consideration of the findings and
14 recommendations of the report of the National
15 Academies of Science, Engineering, and Medi-
16 cine titled ‘‘Traumatic Brain Injury: A Road-
17 map for Accelerating Progress’’ and published
18 in 2022 (relating to the acceleration of progress
19 in traumatic brain injury research and care), or
20 any successor report, in relation to the activities
21 of the Department relating to brain health, as
22 applicable.
23 (2) To harmonize and prioritize the efforts of
24 the Department of Defense into a single approach to
25 brain health.
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1 (c) ANNUAL BUDGET JUSTIFICATION DOCU-
2 MENTS.—In the budget justification materials submitted
3 to Congress in support of the Department of Defense
4 budget for each of fiscal years 2025 through 2029 (as sub-
5 mitted with the budget of the President under section
6 1105(a) of title 31, United States Code), the Secretary
7 of Defense shall include a budget justification display that
8 includes all activities of the Department relating to the
9 Initiative.
10 (d) PILOT PROGRAM RELATING TO MONITORING OF
11 BLAST COVERAGE.—
12 (1) AUTHORITY.—The Director of the Defense
13 Health Agency may conduct, as part of the Initia-
14 tive, a pilot program under which the Director shall
15 monitor blast overpressure exposure through the use
16 of commercially available, off-the-shelf, wearable sen-
17 sors, and document and evaluate data collected as a
18 result of such monitoring.
19 (2) LOCATIONS.—Monitoring activities under a
20 pilot program conducted pursuant to paragraph (1)
21 shall be carried out in each training environment
22 that the Director determines poses a risk for blast
23 overpressure exposure.
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1 (3) DOCUMENTATION AND SHARING OF
2 DATA.—If the Director conducts a pilot program

3 pursuant to paragraph (1), the Director shall—
4 (A) ensure that any data collected pursu-
5 ant to such pilot program that is related to the
6 health effects of the blast overpressure exposure
7 of a member of the Armed Forces who partici-
8 pated in the pilot program is documented and
9 maintained by the Secretary of Defense in an
10 electronic health record for the member; and
11 (B) to the extent practicable, and in ac-
12 cordance with applicable provisions of law relat-
13 ing to data privacy, make data collected pursu-
14 ant to such pilot program available to other
15 academic and medical researchers for the pur-
16 pose of informing future research and treat-
17 ment options.
18 (e) STRATEGY AND IMPLEMENTATION PLAN.—Not
19 later than one year after the date of the enactment of this
20 Act, the Secretary of Defense shall submit to the Commit-
21 tees on Armed Services of the House of Representatives
22 and the Senate a report setting forth a strategy and imple-
23 mentation plan of the Department of Defense to achieve
24 the objectives of the Initiative under subsection (b).
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1 (f) ANNUAL BRIEFINGS.—Not later than January
2 31, 2024, and annually thereafter until January 31, 2027,
3 the Secretary of Defense shall provide to the Committees
5 the Senate a report on the Initiative that includes the fol-
6 lowing:
7 (1) A description of the activities taken under
8 the Initiative and resources expended under the Ini-
9 tiative during the prior fiscal year.
10 (2) A summary of the progress made during the
11 prior fiscal year with respect to the objectives of the
12 Initiative under subsection (b).
13 (g) SECRETARY CONCERNED DEFINED.—In this sec-
16 Code.
17 SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BE-
18 TWEEN UNITED STATES AND UKRAINE FOR
19 MILITARY TRAUMA CARE AND RESEARCH.
20 Not later than February 24, 2023, the Secretary of

21 Defense shall seek to enter into a partnership with the
22 appropriate counterpart from the Government of Ukraine
23 for the establishment of a joint program on military trau-
24 ma care and research. Such program shall consist of the
25 following:
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1 (1) The sharing of relevant lessons learned
2 from the Russo-Ukraine War.
3 (2) The conduct of relevant joint conferences
4 and exchanges with military medical professionals
5 from Ukraine and the United States.
6 (3) Collaboration with the armed forces of
7 Ukraine on matters relating to health policy, health
8 administration, and medical supplies and equipment,
9 including through knowledge exchanges.
10 (4) The conduct of joint research and develop-
11 ment on the health effects of new and emerging
12 weapons.
13 (5) The entrance into agreements with military
14 medical schools of Ukraine for reciprocal education
15 programs under which students at the Uniformed
16 Services University of the Health Sciences receive
17 specialized military medical instruction at the such
18 military medical schools of Ukraine and military
19 medical personnel of Ukraine receive specialized
20 military medical instruction at the Uniformed Serv-
21 ices University of the Health Sciences, pursuant to
22 section 2114(f) of title 10, United States Code.
23 (6) The provision of support to Ukraine for the
24 purpose of facilitating the establishment in Ukraine
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1 of a program substantially similar to the Wounded
2 Warrior Program in the United States.
3 (7) The provision of training to the armed
4 forces of Ukraine in the following areas:
5 (A) Health matters relating to chemical,
6 biological, radiological, nuclear and explosive
7 weapons.
8 (B) Preventive medicine and infectious dis-
9 ease.
10 (C) Post traumatic stress disorder.
11 (D) Suicide prevention.
12 (8) The maintenance of a list of medical sup-
13 plies and equipment needed.
14 (9) Such other elements as the Secretary of De-
15 fense may determine appropriate.
16 SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL
17 HEALTH CARE AVAILABLE UNDER MILITARY
18 HEALTH SYSTEM.
19 (a) STUDY RELATING TO UNIFORMED SERVICES

20 UNIVERSITY OF THE HEALTH SCIENCE.—
21 (1) STUDY.—The Secretary of Defense shall
22 conduct a study on the feasibility and advisability of
23 the following:
24 (A) Establishing graduate degree-granting
25 programs in counseling and social work at the
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1 Uniformed Services University of the Health
2 Sciences.
3 (B) Expanding the clinical psychology
4 graduate program of the Uniformed Services
5 University of the Health Sciences.
6 (2) MATTERS.—The study under paragraph (1)
7 shall include a description of—
8 (A) the process by which, as a condition of
9 enrolling in a degree-granting program specified
10 in such paragraph, a civilian student would be
11 required to commit to post-award employment
12 obligations; and
13 (B) the processes and consequences that
14 would apply if such obligations are not met.
16 date of the enactment of this Act, the Secretary
18 of the House of Representatives and the Senate a
19 report containing the findings of the study under
20 paragraph (1).
21 (b) PILOT PROGRAM ON SCHOLARSHIP-FOR-SERVICE
22 FOR CIVILIAN BEHAVIORAL HEALTH PROVIDERS.—
23 (1) PILOT PROGRAM.—Not later than two years
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1 retary of Defense shall commence the conduct of a
2 pilot program under which—
3 (A) the Secretary may provide—
4 (i) scholarships to cover tuition and
5 related fees at an institution of higher edu-
6 cation to an individual enrolled in a pro-
7 gram of study leading to a graduate degree
8 in clinical psychology, social work, coun-
9 seling, or a related field (as determined by
10 the Secretary); and
11 (ii) student loan repayment assistance
12 to a credentialed behavioral health provider
13 who has a graduate degree in clinical psy-
14 chology, social work, counseling, or a re-
15 lated field (as determined by the Sec-
16 retary); and
17 (B) in exchange for such assistance, the
18 recipient shall commit to work as a covered ci-
19 vilian behavioral health provider in accordance
20 with paragraph (2).
21 (2) POST-AWARD EMPLOYMENT OBLIGA-
22 TIONS.—
23 (A) IN GENERAL.—Subject to subpara-

24 graph (B), as a condition of receiving assistance
25 under paragraph (1), the recipient of such as-
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1 sistance shall enter into an agreement with the
2 Secretary of Defense pursuant to which the re-
3 cipient agrees to work on a full-time basis as a
4 covered civilian behavioral health provider for a
5 period of a duration that is at least equivalent
6 to the period during which the recipient re-
7 ceived assistance under such paragraph.
8 (B) OTHER TERMS AND CONDITIONS.—An
9 agreement entered into pursuant to subpara-

10 graph (A) may include such other terms and
11 conditions as the Secretary of Defense may de-
12 termine necessary to protect the interests of the
13 United States or otherwise appropriate for pur-
14 poses of this section, including terms and condi-
15 tions providing for limited exceptions from the
16 post-award employment obligation specified in
17 such subparagraph.
18 (3) REPAYMENT.—
19 (A) IN GENERAL.—An individual who re-
20 ceives assistance under paragraph (1) and does
21 not complete the employment obligation re-
22 quired under the agreement entered into pursu-
23 ant to paragraph (2) shall repay to the Sec-
24 retary of Defense a prorated portion of the fi-
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1 nancial assistance received by the individual
3 (B) DETERMINATION OF AMOUNT.—The
4 amount of any repayment required under sub-

5 paragraph (A) shall be determined by the Sec-
6 retary.
7 (4) DURATION.—The authority to carry out the
8 pilot program under paragraph (1) shall terminate
9 on the date that is 10 years after the date on which
10 such pilot program commences.
11 (5) IMPLEMENTATION PLAN.—Not later than
12 one year after the date of the enactment of this Act,
13 the Secretary of Defense shall submit to the Com-
14 mittees on Armed Services of the House of Rep-
15 resentatives and the Senate a plan for the implemen-
16 tation of this section.
17 (6) REPORTS.—
18 (A) IN GENERAL.—Not later than each of
19 one year and five years after the commence-
20 ment of the pilot program under paragraph (1),
21 the Secretary of Defense shall submit to the
22 Committees on Armed Services of the House of
23 Representative and the Senate a report on the
24 pilot program.
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1 (B) ELEMENTS.—Each report under sub-
2 paragraph (A) shall include, with respect to the
3 pilot program under subsection (1), the fol-
4 lowing:
5 (i) The number of students receiving
6 scholarships under the pilot program.
7 (ii) The institutions of higher edu-
8 cation at which such students are enrolled.
9 (iii) The total amount of financial as-
10 sistance expended under the pilot program
11 per academic year.
12 (iv) The average scholarship amount
13 per student under the pilot program.
14 (v) The number of students hired as
15 covered behavioral health providers pursu-
16 ant to the pilot program.
17 (vi) Any recommendations for termi-
18 nating the pilot program, extending the
19 pilot program, or making the pilot program
20 permanent.
21 (c) REPORT ON BEHAVIORAL HEALTH WORK-
22 FORCE.—
23 (1) REPORT.—Not later than 180 days after

25 of Defense shall conduct an analysis of the behav-
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1 ioral health workforce under the direct care compo-
2 nent of the military health system and submit to the
4 resentatives and the Senate a report containing the
5 results of such analysis. Such report shall include,
6 with respect to such workforce, the following:
7 (A) The number of positions authorized for
8 military behavioral health providers within such
9 workforce, and the number of such positions
10 filled, disaggregated by the professions de-
12 (B) The number of positions authorized for
13 civilian behavioral health providers within such
14 workforce, and the number of such positions
17 (C) For each military department, the
18 ratio of military behavioral health providers as-
19 signed to military medical treatment facilities
20 compared to civilian behavioral health providers
21 so assigned, disaggregated by the professions
23 (D) For each military department, the
24 number of military behavioral health providers
25 authorized to be embedded within an oper-
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1 ational unit, and the number of such positions
4 (E) Data on the historical demand for be-
5 havioral health services by members of the
6 Armed Forces.
7 (F) An estimate of the number of health
8 care providers necessary to meet the demand by
9 such members for behavioral health care serv-
10 ices under the direct care component of the
11 military health system, disaggregated by pro-
12 vider type.
13 (G) An identification of any shortfall be-
14 tween the estimated number under subpara-
15 graph (F) and the total number of positions for
16 behavioral health providers filled within such
17 workforce.
18 (H) Such other information as the Sec-
19 retary may determine appropriate.
20 (2) PROVIDER TYPES.—The professions de-
22 (A) Clinical psychologists.
23 (B) Social workers.
24 (C) Counselors.
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1 (D) Such other professions as the Sec-
2 retary may determine appropriate.
3 (3) BEHAVIORAL HEALTH WORKFORCE AT RE-
4 MOTE LOCATIONS.—In conducting the analysis of

5 the behavioral health workforce under paragraph
6 (1), the Secretary of Defense shall ensure such be-
7 havioral health workforce at remote locations (in-
8 cluding Guam and Hawaii) and any shortfalls there-
9 of, is taken into account.
10 (d) PLAN TO ADDRESS SHORTFALLS IN BEHAVIORAL
11 HEALTH WORKFORCE.—Not later than one year after the
12 date on which the report under subsection (c) is sub-
13 mitted, the Secretary of Defense shall submit to the Com-
14 mittees on Armed Services of the House of Representa-
15 tives and the Senate a plan to address any shortfall of
16 the behavioral health workforce identified under para-
17 graph (1)(G) of such subsection. Such plan shall address
18 the following:
19 (1) With respect to any such shortfall of mili-
20 tary behavioral health providers (addressed sepa-
21 rately with respect to such providers assigned to
22 military medical treatment facilities and such pro-
23 viders assigned to be embedded within operational
24 units), the recruitment, accession, retention, special
25 pay and other aspects of compensation, workload,
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1 role of the Uniformed Services University of the
2 Health Sciences and the Armed Forces Health Pro-
3 fessions Scholarship Program under chapter 105 of
4 title 10, United States Code, any additional authori-
5 ties or resources necessary for the Secretary to in-
6 crease the number of such providers, and such other
7 considerations as the Secretary may consider appro-
8 priate.
9 (2) With respect to addressing any such short-
10 fall of civilian behavioral health providers, the re-
11 cruitment, hiring, retention, pay and benefits, work-
12 load, educational scholarship programs, any addi-
13 tional authorities or resources necessary for the Sec-
14 retary to increase the number of such providers, and
15 such other considerations as the Secretary may con-
16 sider appropriate.
17 (3) A recommendation as to whether the num-
18 ber of military behavioral health providers in each
19 military department should be increased, and if so,
20 by how many.
21 (4) A plan to ensure that remote installations
22 are prioritized for the assignment of military behav-
23 ioral health providers.
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1 (5) Updated access standards for behavioral
2 health care under the military health system, taking
3 into account—
4 (A) the duration of time between a patient
5 receiving a referral for such care and the pa-
6 tient receiving individualized treatment (fol-
7 lowing an initial intake assessment) from a be-
8 havioral health provider; and
9 (B) the frequency of regular follow-up ap-
10 pointments subsequent to the first appointment
11 at which a patient receives such individualized
12 treatment.
13 (6) A plan to expand access to behavioral
14 health care under the military health system using
15 telehealth.
17 (1) The term ‘‘behavioral health’’ includes psy-
18 chiatry, clinical psychology, social work, counseling,
19 and related fields.
20 (2) The term ‘‘civilian behavioral health pro-
21 vider’’ means a behavioral health provider who is a
22 civilian employee of the Department of Defense.
23 (3) The term ‘‘counselor’’ means an individual
24 who holds—
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1 (A) a master’s or doctoral degree from an
2 accredited graduate program in—
3 (i) marriage and family therapy; or
4 (ii) clinical mental health counseling;
5 and
6 (B) a current license or certification from
7 a State that grants the individual the authority
8 to provide counseling services as an independent
9 practitioner in the respective field of the indi-
10 vidual.
11 (4) The term ‘‘covered civilian behavioral health
12 provider’’ means a civilian behavioral health provider
13 whose employment by the Secretary of Defense in-
14 volves the provision of behavioral health services at
15 a military medical treatment facility.
16 (5) The term ‘‘institution of higher education’’
17 has the meaning given that term in section 101 of
18 the Higher Education Act of 1965 (20 U.S.C.
19 1001).
20 (6) The term ‘‘military behavioral health pro-
22 member of the Armed Forces.
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1 (8) The term ‘‘military medical treatment facil-
2 ity’’ means a facility specified in section 1073d of
3 such title.
4 (9) The term ‘‘remote installation’’ means a
5 military installation that the Secretary determines to
6 be in a remote location.
7 (10) The term ‘‘State’’ means each of the sev-
8 eral States, the District of Columbia, and each com-
9 monwealth, territory or possession of the United
10 States.
11 SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF
12 MENTAL HEALTH SERVICES TO MEMBERS OF
13 THE ARMED FORCES AND MILITARY FAMI-
14 LIES.

16 sultation with the President of the Uniformed Services
17 University of the Health Sciences, shall develop a cur-
18 riculum and certification program to provide civilian men-
19 tal health professionals and students in mental health-re-
20 lated disciplines with the specialized knowledge and skills
21 necessary to address the unique mental health needs of
22 members of the Armed Forces and military families.
23 (b) IMPLEMENTATION.—Not later than 90 days after
24 completing the development of the curriculum and certifi-
25 cation program under subsection (a), the Secretary of De-
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1 fense shall implement such curriculum and certification
2 program in the Uniformed Services University of the
3 Health Sciences.
4 (c) AUTHORITY TO DISSEMINATE BEST PRAC-
5 TICES.—The Secretary of Defense may disseminate best
6 practices based on the curriculum and certification pro-
7 gram developed and implemented under this section to
8 other institutions of higher education, as such term is de-
9 fined in section 102 of the Higher Education Act of 1965
10 (20 U.S.C. 1002).
11 (d) TERMINATION.—The authority to carry out the
12 curriculum and certification program under this section
13 shall terminate on the date that is five years after the date
15 (e) BRIEFING.—Not later than 180 days after the
16 termination date specified in subsection (d), the Secretary
19 a briefing on the results of the curriculum and certifi-
20 cation program developed and implemented under this sec-
21 tion.
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1 SEC. 739. STANDARDIZATION OF POLICIES RELATING TO
2 SERVICE IN ARMED FORCES BY INDIVIDUALS
3 DIAGNOSED WITH HBV.

6 fense, in coordination with the Secretaries concerned,
7 shall—
8 (1) review regulations, establish policies, and
9 issue guidance relating to service in the Armed
10 Forces by individuals diagnosed with HBV, con-
11 sistent with the health care standards and clinical
12 guidelines of the Department of Defense; and
13 (2) identify areas where the regulations, poli-
14 cies, and guidance of the Department relating to in-
15 dividuals diagnosed with HBV (including with re-
16 spect to enlistments, assignments, deployments, and
17 retention standards) may be standardized across the
18 Armed Forces.
20 (1) The term ‘‘HBV’’ means the Hepatitis B
21 Virus.
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1 SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION
2 FOR USE BY DEPARTMENT OF DEFENSE; CON-
3 GRESSIONAL NOTIFICATION.
4 (a) STANDARDIZATION OF DEFINITION.—Not later

6 the Secretary of Defense, in consultation with the Secre-
7 taries concerned, shall develop, for use across the Armed
8 Forces, a standardized definition for the term ‘‘suicide
9 cluster’’.
10 (b) NOTIFICATION REQUIRED.—Beginning not later
12 whenever the Secretary determines the occurrence of a sui-
13 cide cluster (as that term is defined pursuant to sub-
14 section (a)) among members of the Armed Forces, the
16 ices of the House of Representatives and the Senate a no-
17 tification of such determination.
18 (c) BRIEFING.—Not later than April 1, 2023, the
21 Senate a briefing on the following:
22 (1) The methodology being used in the develop-
23 ment of the definition under subsection (a).
24 (2) The progress made towards the development
25 of the process for submitting required notifications
26 under subsection (b).
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1 (3) An estimated timeline for the implementa-
2 tion of this section.
3 (d) COORDINATION REQUIRED.—In developing the
4 definition under subsection (a) and the process for submit-
5 ting required notifications under subsection (b), the Sec-
6 retary of Defense shall coordinate with the Secretaries
7 concerned.
8 (e) SECRETARY CONCERNED DEFINED.—In this sec-
11 Codes.
12 SEC. 741. LIMITATION ON REDUCTION OF MILITARY MED-
13 ICAL MANNING END STRENGTH: CERTIFI-
14 CATION REQUIREMENT AND OTHER RE-
15 FORMS.
16 (a) LIMITATION.—
17 (1) IN GENERAL.—Except as provided in para-
18 graph (2), and in addition to the limitation under
21 Stat. 1454), as most recently amended by section
24 1795), during the five-year period beginning on the
25 date of the enactment of this Act, neither the Sec-
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1 retary of Defense nor a Secretary concerned may re-
2 duce military medical end strength authorizations,
3 and following such period, neither may reduce such
4 authorizations unless the Secretary of Defense issues
5 a waiver pursuant to paragraph (6).
6 (2) EXCEPTION.—The limitation under para-
7 graph (1) shall not apply with respect to the fol-
8 lowing:
9 (A) Administrative billets of a military de-
10 partment that have remained unfilled since at
11 least October 1, 2018.
12 (B) Billets identified as non-clinical in the
13 budget of the President for fiscal year 2020
14 submitted to Congress pursuant to section
15 1105(a) of title 31, United States Code, except
16 that the number of such billets may not exceed
17 1,700.
18 (C) Medical headquarters billets of the
19 military departments not assigned to, or pro-
20 viding direct support to, operational commands.
21 (3) REPORT ON COMPOSITION OF MILITARY
22 MEDICAL WORKFORCE REQUIREMENTS.—The Sec-

23 retary of Defense, in coordination with the Secre-
24 taries of the military departments, shall conduct an
25 assessment of current military medical manning re-
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1 quirements (taking into consideration factors includ-
2 ing future operational planning, training, and bene-
3 ficiary healthcare) and submit to the Committees on
5 the Senate a report containing the findings of such
6 assessment. Such assessment shall be informed by
7 the following:
8 (A) The National Defense Strategy sub-
9 mitted under section 113(g) of title 10, United
10 States Code.
11 (B) The National Military Strategy pre-
12 pared under section 153(b) of such title.
13 (C) The campaign plans of the combatant
14 commands.
15 (D) Theater strategies.
16 (E) The joint medical estimate under sec-
17 tion 732 of the John S. McCain National De-
19 (Public Law 115–232; 132 Stat. 1817).
20 (F) The plan of the Department of De-
21 fense on integrated medical operations, as up-
22 dated pursuant to paragraph (1) of section
23 724(a) of the National Defense Authorization
24 Act for Fiscal Year 2022 (Public Law 117–81;
25 135 Stat. 1793; 10 U.S.C. 1096 note).
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1 (G) The plan of the Department of De-
2 fense on global patient movement, as updated
3 pursuant to paragraph (2) of such section
4 724(a).
5 (H) The biosurveillance program of the
6 Department of Defense established pursuant to
7 Department of Defense Directive 6420.02 (re-
8 lating to biosurveillance).
9 (I) Requirements for graduate medical
10 education.
11 (J) The report of the COVID–19 Military
12 Health System Review Panel under section 731
13 of the William M. (Mac) Thornberry National
15 (Public Law 116–283; 134 Stat. 3698).
16 (K) The report of the Inspector General of
17 the Department of Defense titled ‘‘Evaluation
18 of Department of Defense Military Medical
19 Treatment Facility Challenges During the
20 Coronavirus Disease-2019 (COVID-19) Pan-
21 demic in Fiscal Year 2021 (DODIG-2022-
22 081)’’ and published on April 5, 2022.
23 (L) Reports of the Comptroller General of
24 the United States relating to military health
25 system reforms undertaken on or after Janu-
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1 ary, 1, 2017, including any such reports relat-
2 ing to military medical manning and force com-
3 position mix.
4 (M) Such other reports as may be deter-
5 mined appropriate by the Secretary of Defense.
6 (4) CERTIFICATION.—The Secretary of Defense
8 of the House of Representatives and the Senate a
9 certification containing the following:
10 (A) A certification of the completion of a
11 comprehensive review of military medical man-
12 ning, including with respect to the medical
13 corps (or other health- or medical-related com-
14 ponent of a military department), designator,
15 profession, occupation, and rating of medical
16 personnel.
17 (B) A justification for any proposed in-
18 crease, realignment, reduction, or other change
19 to the specialty or occupational composition of
20 military medical end strength authorizations,
21 which may include compliance with a require-
22 ment or recommendation set forth in a strategy,
23 plan, or other matter specified in paragraph
24 (3).
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1 (C) A certification that, in the case that
2 any change to such specialty or occupational
3 composition is required, a vacancy resulting
4 from such change may not be filled with a posi-
5 tion other than a health- or medical-related po-
6 sition until such time as there are no military
7 medical billets remaining to fill the vacancy.
8 (D) A risk analysis associated with the po-
9 tential realignment or reduction of any military
10 medical end strength authorizations.
11 (E) An identification of any plans of the
12 Department to backfill military medical per-
13 sonnel positions with civilian personnel.
14 (F) A plan to address persistent vacancies
15 for civilian personnel in health- or medical-re-
16 lated positions, and a risk analysis associated
17 with the hiring, onboarding, and retention of
18 such civilian personnel, taking into account pro-
19 vider shortfalls across the United States.
20 (G) A comprehensive plan to mitigate any
21 risk identified pursuant to subparagraph (D) or
22 (F), including with respect to funding necessary
23 for such mitigation across fiscal years.
24 (5) PROCESS REQUIRED.—The Secretaries of
25 the military departments, in coordination with the
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1 Secretary of Defense and the Chairman of the Joint
2 Chiefs of Staff, shall develop and submit to the
4 resentatives and the Senate a process for the author-
5 ization of proposed modifications to the composition
6 of the medical manning force mix across the military
7 departments while maintaining compliance with the
8 limitation under paragraph (1). Such process shall—
9 (A) take into consideration the funding re-
10 quired for any such proposed modification; and
11 (B) include distinct processes for proposed
12 increases and proposed decreases, respectively,
13 to the medical manning force mix of each mili-
14 tary department.
15 (6) WAIVER.—
16 (A) IN GENERAL.—Following the conclu-
17 sion of the five-year period specified in para-
18 graph (1), the Secretary of Defense may waive
19 the prohibition under such subsection if—
20 (i) the report requirement under para-
21 graph (3), the certification requirement
22 under paragraph (4), and the process re-
23 quirement under paragraph (5) have been
24 completed;
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1 (ii) the Secretary determines that the
2 waiver is necessary and in the interests of
3 the national security of the United States;
4 and
5 (iii) the waiver is issued in writing.
6 (B) NOTIFICATION TO CONGRESS.—Not
7 later than five days after issuing a waiver under

8 subparagraph (A), the Secretary of Defense
9 shall submit to the Committees on Armed Serv-
10 ices of the House of Representatives and the
11 Senate a notification of the waiver (including
12 the text of the waiver and a justification for the
13 waiver) and provide to such committees a brief-
14 ing on the components of the waiver.
15 (b) TEMPORARY SUSPENSION OF IMPLEMENTATION
16 OF PLAN FOR RESTRUCTURE OR REALIGNMENT OF MILI-
17 TARY MEDICAL TREATMENT FACILITIES.—The Secretary
18 of Defense may not implement the plan under section
19 703(d)(1) of the National Defense Authorization Act for
20 Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2199)
21 until the later of the following:
22 (1) The date that is one year after the date of
24 (2) The date on which the Secretary of Defense
25 completes the following:
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1 (A) A risk analysis for each military med-
2 ical treatment facility to be realigned, restruc-
3 tured, or otherwise affected under the imple-
4 mentation plan under such section 703(d)(1),
5 including an assessment of the capacity of the
6 TRICARE network of providers in the area of
7 such military medical treatment facility to pro-
8 vide care to the TRICARE Prime beneficiaries
9 that would otherwise be assigned to such mili-
10 tary medical treatment facility.
11 (B) An identification of the process by
12 which the assessment conducted under sub-
13 section (a)(3) and the certification required
14 under subsection (a)(4) shall be linked to any
15 restructuring or realignment of military medical
16 treatment facilities.
17 (c) BRIEFINGS; FINAL REPORT.—
18 (1) INITIAL BRIEFING.—Not later than April 1,
21 resentatives and the Senate a briefing on—
22 (A) the method by which the Secretary
23 plans to meet the report requirement under
24 subsection (a)(3), the certification requirement
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1 under subsection (a)(4), and the process re-
2 quirement under subsection (a)(5); and
3 (B) the matters specified in subparagraphs
4 (A) and (B) of subsection (b)(2).
5 (2) BRIEFING ON PROGRESS.—Not later than
6 two years after the date of the enactment of this
7 Act, the Secretary of Defense shall provide to the
9 resentatives and the Senate a briefing on the
10 progress made towards completion of the require-
11 ments specified in paragraph (1)(A).
12 (3) FINAL BRIEFING.—Not later than three
13 years after the date of the enactment of this Act, the
14 Secretary of Defense shall provide to the Commit-
15 tees on Armed Services of the House of Representa-
16 tives and the Senate a final briefing on the comple-
17 tion of such requirements.
18 (4) FINAL REPORT.—Not later than three years
22 the Senate a final report on the completion of such
23 requirements. Such final report shall be in addition
24 to the report, certification, and process submitted
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1 under paragraphs (3), (4), and (5) of subsection (a),
2 respectively.
4 (1) The term ‘‘medical personnel’’ has the
5 meaning given such term in section 115a(e) of title
8 meaning given that term in section 101(a) of such
9 title.
10 (3) The term ‘‘theater strategy’’ means an over-
11 arching construct outlining the vision of a combatant
12 commander for the integration and synchronization
13 of military activities and operations with other na-
14 tional power instruments to achieve the strategic ob-
15 jectives of the United States.
16 SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DE-
17 PARTMENT OF DEFENSE INTERNSHIP PRO-
18 GRAMS RELATING TO CIVILIAN BEHAVIORAL
19 HEALTH PROVIDERS.
20 (a) FEASIBILITY STUDY.—The Secretary of Defense

21 shall conduct a study on the feasibility of establishing paid
22 pre-doctoral and post-doctoral internship programs for the
23 purpose of training clinical psychologists to work as cov-
24 ered civilian behavioral health providers.
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1 (b) ELEMENTS.—The feasibility study under sub-
2 section (a) shall assess, with respect to the potential in-
3 ternship programs specified in such subsection, the fol-
4 lowing:
5 (1) A model under which, as a condition of par-
6 ticipating in such an internship program, the partici-
7 pant would enter into an agreement with the Sec-
8 retary under which the participant agrees to work on
9 a full-time basis as a covered civilian behavioral
10 health provider for a period of a duration that is at
11 least equivalent to the period of participation in such
12 internship program.
13 (2) Methods by which the Secretary may ad-
14 dress scenarios in which an individual who partici-
15 pates in such an internship program does not com-
16 plete the employment obligation required under the
17 agreement referred to in paragraph (1), including by
18 requiring the individual to repay to the Secretary a
19 prorated portion of the cost of administering such
20 program (to be determined by the Secretary) with
21 respect to such individual and of any payment re-
22 ceived by the individual under such program.
23 (3) The methods by which the Secretary may
24 adjust the workload and staffing of behavioral health
25 providers in military medical treatment facilities to
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1 ensure sufficient capacity to supervise participants
2 in such internship programs.
3 (c) REPORT.—Not later than one year after the date
4 of the enactment of this Act, the Secretary shall submit
5 to the Committees on Armed Services of the House of
6 Representatives and the Senate a report containing the
7 findings of the feasibility study under subsection (a).
9 (1) The term ‘‘behavioral health’’ includes psy-
10 chiatry, clinical psychology, social work, counseling,
11 and related fields.
12 (2) The term ‘‘behavioral health provider’’ in-
13 cludes the following:
14 (A) A licensed professional counselor.
15 (B) A licensed mental health counselor.
16 (C) A licensed clinical professional coun-
17 selor.
18 (D) A licensed professional clinical coun-
19 selor of mental health.
20 (E) A licensed clinical mental health coun-
21 selor.
22 (F) A licensed mental health practitioner.
23 (3) The term ‘‘covered civilian behavioral health
24 provider’’ means a civilian behavioral health provider
25 whose employment by the Secretary of Defense in-
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1 volves the provision of behavioral health services at
2 a military medical treatment facility.
3 (4) The term ‘‘civilian behavioral health pro-
5 civilian employee of the Department of Defense.
6 (5) The term ‘‘military medical treatment facil-
7 ity’’ means a facility specified in section 1073d of
9 SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ES-
10 TABLISHMENT OF NEW COMMAND ON DE-
11 FENSE HEALTH.
12 (a) UPDATES.—The Secretary of Defense shall up-

13 date prior studies regarding the feasibility of establishing
14 a new defense health command under which the Defense
15 Health Agency would be a joint component. In conducting
16 such updates, the Secretary shall consider for such new
17 command each of the following potential structures:
18 (1) A unified combatant command.
19 (2) A specified combatant command.
20 (3) Any other command structure the Secretary
21 determines is appropriate for consideration.
22 (b) MATTERS.—The updates under subsection (a)
23 shall include, with respect to the new command specified
24 in such subsection, the following:
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1 (1) An assessment of the potential organiza-
2 tional structure of the new command sufficient for
3 the new command to carry out the responsibilities
4 described in subsection (c), including a description
5 of the following:
6 (A) The potential reporting relationship
7 between the commander of the new command,
8 the Assistant Secretary of Defense for Health
9 Affairs, and the Under Secretary of Defense for
10 Personnel and Readiness.
11 (B) The potential relationship of the new
12 command to the military departments, the com-
13 batant commands, and the Joint Staff.
14 (C) The potential responsibilities of the
15 commander of the new command and how such
16 responsibilities would differ from the respon-
17 sibilities of the Director of the Defense Health
18 Agency.
19 (D) The potential chain of command be-
20 tween such commander and the Secretary of
21 Defense.
22 (E) The potential roles of the Surgeons
23 General of the Army, Navy, and Air Force, with
24 respect to such commander.
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1 (F) Any organizations that support the
2 Defense Health Agency, such as the medical de-
3 partments and medical logistics organizations of
4 each military department.
5 (G) The potential organizational structure
6 of the new command, including any subordinate
7 commands.
8 (H) The geographic location, or multiple
9 such locations, of the headquarters of the new
10 command and any subordinate commands.
11 (I) How the Defense Health Agency cur-
12 rently serves as a provider of optimally trained
13 and clinically proficient health care profes-
14 sionals to support combatant commands.
15 (J) How the new command may further
16 serve as a provider of optimally trained and
17 clinically proficient health care professionals to
18 support combatant commands.
19 (2) An assessment of any additional funding
20 necessary to establish the new command.
21 (3) An assessment of any additional legislative
22 authorities necessary to establish the new command,
23 including with respect to the executive leadership
24 and direction of the new command.
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1 (4) An assessment of the required resourcing of
2 the executive leadership of the new command.
3 (5) If the Secretary makes the determination to
4 establish the new command, a timeline for such es-
5 tablishment.
6 (6) If the Secretary defers such determination
7 pending further implementation of other organiza-
8 tional reforms to the military health system, a
9 timeline for such future determination.
10 (7) Such other matters relating to the establish-
11 ment, operations, or activities of the new command
12 as the Secretary may determine appropriate.
13 (c) RESPONSIBILITIES DESCRIBED.—The respon-
14 sibilities described in this subsection are as follows:
15 (1) The conduct of health operations among
16 operational units of the Armed Forces.
17 (2) The administration of military medical
18 treatment facilities.
19 (3) The administration of the TRICARE pro-
20 gram.
21 (4) Serving as the element of the Armed Forces
22 with the primary responsibility for the following:
23 (A) Medical treatment, advanced trauma
24 management, emergency surgery, and
25 resuscitative care.
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1 (B) Emergency and specialty surgery, in-
2 tensive care, medical specialty care, and related
3 services.
4 (C) Preventive, acute, restorative, curative,
5 rehabilitative, and convalescent care.
6 (5) Collaboration with medical facilities partici-
7 pating in the National Disaster Medical System es-
8 tablished pursuant to section 2812 of the Public
9 Health Service Act (42 U.S.C. 300hh–11), the Vet-
10 erans Health Administration, and such other Fed-
11 eral departments and agencies and nongovermental
12 organizations as may be determined appropriate by
13 the Secretary, including with respect to the care
14 services specified in paragraph (4)(C).
15 (6) The conduct of existing research and edu-
16 cation activities of the Department of Defense in the
17 field of health sciences.
18 (7) The conduct of public health and global
19 health activities not otherwise assigned to the Armed
20 Forces.
21 (8) The administration of the Defense Health
22 Program Account under section 1100 of title 10,
24 (d) INTERIM BRIEFING.—Not later than 180 days
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3 a briefing on the method by which the Secretary intends
4 to update prior studies as required pursuant to subsection
5 (a).
6 (e) FINAL BRIEFING; REPORT.—Not later than one
7 year after the date of the enactment of this Act, the Sec-
8 retary of Defense shall—
9 (1) provide to the Committees on Armed Serv-
10 ices of the House of Representatives and the Senate
11 a final briefing on the implementation of this sec-
12 tion; and
13 (2) submit to the Committees on Armed Serv-
15 a report containing the updates to prior studies re-
16 quired pursuant to subsection (a), including each of
17 the elements specified in subsection (b).
18 SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN
19 WITH RESPECT TO EFFECTS OF EXPOSURE
20 TO OPEN BURN PITS AND OTHER ENVIRON-
21 MENTAL HAZARDS.

24 shall—
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1 (1) conduct a capability assessment of potential
2 improvements to activities of the Department of De-
3 fense to reduce the effects of environmental expo-
4 sures with respect to members of the Armed Forces;
5 and
6 (2) develop an action plan to implement such
7 improvements assessed under paragraph (1) as the
8 Secretary considers appropriate.
9 (b) ELEMENTS.—The capability assessment required
10 by subsection (a)(1) shall include the following elements:
11 (1) With respect to the conduct of periodic
12 health assessments, the following:
13 (A) An assessment of the feasibility and
14 advisability of adding additional screening ques-
15 tions relating to environmental and occupa-
16 tional exposures to current health assessments
17 of members of the Armed Forces conducted by
18 the Secretary of Defense, including pre- and
19 post-deployment assessments and pre-separa-
20 tion assessments.
21 (B) An assessment of the potential value
22 and feasibility of regularly requiring spirometry
23 or other pulmonary function testing pre- and
24 post-deployment for all members, or selected
25 members, of the Armed Forces.
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1 (2) With respect to the conduct of outreach and
2 education, the following:
3 (A) An evaluation of clinician training on
4 the health effects of airborne hazards and how
5 to document exposure information in health
6 records maintained by the Department of De-
7 fense and the Department of Veterans Affairs.
8 (B) An assessment of the adequacy of cur-
9 rent actions by the Secretary of Defense and
10 the Secretary of Veterans Affairs to increase
11 awareness among members of the Armed
12 Forces and veterans of the purposes and uses
13 of the Airborne Hazards and Open Burn Pit
14 Registry and the effect of a potential require-
15 ment that individuals meeting applicable cri-
16 teria be automatically enrolled in the registry
17 unless such individuals opt out of enrollment.
18 (C) An assessment of operational plans for
19 deployment with respect to the adequacy of
20 educational activities for, and evaluations of,
21 performance of command authorities, medical
22 personnel, and members of the Armed Forces
23 on deployment on anticipated environmental ex-
24 posures and potential means to minimize and
25 mitigate any adverse health effects of such ex-
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1 posures, including through the use of moni-
2 toring, personal protective equipment, and med-
3 ical responses.
4 (D) An evaluation of potential means to
5 improve the education of health care providers
6 of the Department of Defense with respect to
7 the diagnosis and treatment of health condi-
8 tions associated with environmental exposures.
9 (3) With respect to the monitoring of exposure
10 during deployment operations, the following:
11 (A) An evaluation of potential means to
12 strengthen tactics, techniques, and procedures
13 used in deployment operations to document—
14 (i) specific locations where members
15 of the Armed Forces served;
16 (ii) environmental exposures in such
17 locations; and
18 (iii) any munitions involved during
19 such service in such locations.
20 (B) An assessment of potential improve-
21 ments in the acquisition and use of wearable
22 monitoring technology and remote sensing capa-
23 bilities to record environmental exposures by ge-
24 ographic location.
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1 (C) An analysis of the potential value and
2 feasibility of maintaining a repository of frozen
3 soil samples from each deployment location to
4 be later tested as needed when concerns relat-
5 ing to environmental exposures are identified.
6 (4) With respect to the use of the Individual
7 Longitudinal Exposure Record, the following:
8 (A) An assessment of feasibility and advis-
9 ability of recording individual clinical diagnosis
10 and treatment information in the Individual
11 Longitudinal Exposure Record to be integrated
12 with exposure data.
13 (B) An evaluation of—
14 (i) the progress toward making the
15 Individual Longitudinal Exposure Record
16 operationally capable and accessible to
17 members of the Armed Forces and vet-
18 erans by 2023; and
19 (ii) the integration of data from the
20 Individual Longitudinal Exposure Record
21 with the electronic health records of the
22 Department of Defense and the Depart-
23 ment of Veterans Affairs.
24 (C) An assessment of the feasibility and
25 advisability of making such data accessible to
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1 the surviving family members of members of
2 the Armed Forces and veterans.
3 (5) With respect to the conduct of research, the
4 following:
5 (A) An assessment of the potential use of
6 the Airborne Hazards and Open Burn Pit Reg-
7 istry for research on monitoring and identifying
8 the health consequences of exposure to open
9 burn pits.
10 (B) An analysis of options for increasing
11 the amount and the relevance of additional re-
12 search into the health effects of open burn pits
13 and effective treatments for such health effects.
14 (C) An evaluation of potential research of
15 biomarker monitoring to document environ-
16 mental exposures during deployment or
17 throughout the military career of a member of
18 the Armed Forces.
19 (D) An analysis of potential organizational
20 strengthening with respect to the management
21 of research on environmental exposure hazards,
22 including the establishment of a joint program
23 executive office for such management.
24 (E) An assessment of the findings and rec-
25 ommendations of the 2020 report by the Na-
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1 tional Academies of Science, Engineering, and
2 Medicine titled ‘‘Respiratory Health Effects of
3 Airborne Hazards Exposures in the Southwest
4 Asia Theater of Military Operations’’.
5 (6) An evaluation of such other matters as the
6 Secretary of Defense determines appropriate to en-
7 sure a comprehensive review of activities relating to
8 the effects of exposure to open burn pits and other
9 environmental hazards.
10 (c) SUBMISSION OF PLAN AND BRIEFING.—Not later
12 the Secretary of Defense shall—
15 the action plan required by subsection (a)(2); and
16 (2) provide to such committees a briefing on
17 the results of the capability assessment required by
20 (1) The term ‘‘Airborne Hazards and Open
21 Burn Pit Registry’’ means the registry established
22 under section 201 of the Dignified Burial and Other
23 Veterans’ Benefits Improvement Act of 2012 (Public
24 Law 112–260; 38 U.S.C. 527 note).
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1 (2) The term ‘‘environmental exposure’’ means
2 an exposure to an open burn pit or other environ-
3 mental hazard, as determined by the Secretary of
4 Defense.
5 (3) The term ‘‘open burn pit’’ has the meaning
6 given that term in section 201(c) of the Dignified
7 Burial and Other Veterans’ Benefits Improvement
8 Act of 2012 (Public Law 112–260; 38 U.S.C. 527
9 note).
10 SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING
11 REVIEW.
12 (a) REVIEW.—The Inspector General of the Depart-

13 ment of Defense shall conduct a comprehensive review of
14 the medical training for health care professionals fur-
15 nishing medical care to individuals undergoing Navy Sea,
16 Air, and Land (SEAL) training, the quality assurance
17 mechanisms in place with respect to such care, and the
18 efforts to mitigate health stress of individuals undergoing
19 such training.
20 (b) ELEMENTS.—The review under subsection (a)
21 shall include the following elements:
22 (1) A review of the policies for improved med-
23 ical care of individuals undergoing Navy SEAL
24 training and quality assurance with respect to such
25 care.
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1 (2) A review of sleep deprivation practices im-
2 plemented with respect to Navy SEAL training, in-
3 cluding an identification of when such practices were
4 initially implemented and how frequently such prac-
5 tices are updated.
6 (3) An assessment of the policies and rules re-
7 lating to the use of performance enhancing drugs by
8 individuals undergoing Navy SEAL training.
9 (4) An assessment of the oversight of health
10 care professionals (including enlisted and officer
11 medical personnel, civilian employees of the Depart-
12 ment of Defense, and contractors of the Depart-
13 ment) with respect to the provision by such profes-
14 sionals of health care services to individuals under-
15 going Navy SEAL training.
16 (5) A review and assessment of deaths, occur-
17 ring during the twenty-year period preceding the
18 date of the review, of individuals who were under-
19 going Navy SEAL training at the time of death.
20 (6) A review of ongoing efforts and initiatives
21 to ensure the safety of individuals undergoing Navy
22 SEAL training and to prevent the occurrence of
23 long-term injury, illness, and death among such indi-
24 viduals.
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1 (7) An assessment of the role of nutrition in
2 Navy SEAL training.
3 (c) INTERIM BRIEFING.—Not later than March 1,
4 2023, the Inspector General of the Department of Defense
6 House of Representatives and the Senate a briefing on
7 how the Inspector General plans to conduct the review
8 under subsection (a), including with respect to each ele-
9 ment specified in subsection (b).
10 (d) FINAL REPORT.—Not later than one year after
11 the date of the enactment of this Act, the Inspector Gen-
12 eral of the Department of Defense shall submit to the
14 atives and the Senate a final report on the completion of
15 the review under subsection (a), including recommenda-
16 tions of the Inspector General developed as a result of
17 such review.
18 SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PER-
19 SONNEL OF EACH MILITARY DEPARTMENT
20 AND RELATED MATTERS.
21 (a) REPORTS.—Not later than 180 days after the

22 date of the enactment of this Act, and annually thereafter
23 for three years, the Secretary of Defense, in coordination
24 with the Secretaries of the military departments, shall
25 submit to the Committees on Armed Services of the House
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1 of Representatives and the Senate a report on the com-
2 position of the medical personnel of each military depart-
3 ment and related matters.
4 (b) ELEMENTS.—Each report under subsection (a)
6 (1) With respect to each military department,
7 the following:
8 (A) An identification of the number of
9 medical personnel of the military department
10 who are officers in a grade above O–6.
11 (B) An identification of the number of
12 such medical personnel who are officers in a
13 grade below O–7.
14 (C) A description of any plans of the Sec-
15 retary to—
16 (i) reduce the total number of such
17 medical personnel; or
18 (ii) eliminate any covered position for
19 such medical personnel.
20 (D) A recommendation by the Secretary
21 for the number of covered positions for such
22 medical personnel that should be required for
23 purposes of maximizing medical readiness
24 (without regard to current statutory limitations,
25 or potential future statutory limitations, on
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1 such number), presented as a total number for
2 each military department and disaggregated by
3 grade.
4 (2) An assessment of the grade for the position
5 of the Medical Officer of the Marine Corps, includ-
6 ing—
7 (A) a comparison of the effects of filling
8 such position with an officer in the grade of O–
9 6 versus an officer in the grade of O–7;
10 (B) an assessment of potential issues asso-
11 ciated with the elimination of such position; and
12 (C) a description of any potential effects of
13 such elimination with respect to medical readi-
14 ness.
15 (3) An assessment of all covered positions for
16 medical personnel of the military departments, in-
17 cluding the following:
18 (A) The total number of authorizations for
19 such covered positions, disaggregated by—
20 (i) whether the authorization is for a
21 position in a reserve component; and
22 (ii) whether the position so authorized
23 is filled or vacant.
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1 (B) A description of any medical- or
2 health-related specialty requirements for such
3 covered positions.
4 (C) For each such covered position, an
5 identification of the title and geographic loca-
6 tion of, and a summary of the responsibility de-
7 scription for, the position.
8 (D) For each such covered position, an
9 identification of the span of control of the posi-
10 tion, including with respect to the highest grade
11 at which each such position has been filled.
12 (E) An identification of any downgrading,
13 upgrading, or other changes to such covered po-
14 sitions occurring during the 10-year period pre-
15 ceding the date of the report, and an assess-
16 ment of whether any such changes have re-
17 sulted in the transfer of responsibilities pre-
18 viously assigned to such a covered position to—
19 (i) a position in the Senior Executive
20 Service or another executive personnel po-
21 sition; or
22 (ii) a position other than a covered
23 position.
24 (F) A description of any officers in a grade
25 above O–6 assigned to the Defense Health
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1 Agency, the Office of the Assistant Secretary of
2 Defense for Health Affairs, the Joint Staff, or
3 any other position within the military health
4 system.
5 (G) A description of the process by which
6 the positions specified in subparagraph (F) are
7 validated against military requirements or simi-
8 lar billet justification processes.
9 (H) A side-by-side comparison dem-
10 onstrating, across the military departments, the
11 span of control and the responsibilities of cov-
12 ered positions for medical personnel of each
14 (c) DISAGGREGATION OF CERTAIN DATA.—The data
15 specified in subparagraphs (A) and (B) of subsection
16 (b)(1) shall be presented as a total number and
17 disaggregated by each medical component of the respective
20 (1) The term ‘‘covered position’’ means a posi-
21 tion for an officer in a grade above O–6.
22 (2) The term ‘‘officer’’ has the meanings given
23 that term in section 101(b) of title 10, United
24 States Code.
25 (3) The term ‘‘medical component’’ means—
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1 (A) in the case of the Army, the Medical
2 Corps, Dental Corps, Nurse Corps, Medical
3 Service Corps, Veterinary Corps, and Army
4 Medical Specialist Corps;
5 (B) in the case of the Air Force, members
6 designated as medical officers, dental officers,
7 Air Force nurses, medical service officers, and
8 biomedical science officers; and
9 (C) in the case of the Navy, the Medical
10 Corps, Dental Corps, Nurse Corps, and Medical
11 Service Corps.
12 (4) The term ‘‘medical personnel’’ has the
13 meaning given such term in section 115a(e) of title
15 (5) The term ‘‘military department’’ has the
16 meaning given that term in section 101(a) of such
17 title.
18 SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND
19 RETENTION ON OPERATIONAL TEMPO AND
20 PHYSICAL AND MENTAL HEALTH OF MEM-
21 BERS OF THE ARMED FORCES.
22 (a) REPORT.—Not later than one year after the date

24 in coordination with the Secretaries of the military depart-
25 ments, shall submit to the Committees on Armed Services
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1 of the House of Representatives and the Senate a report
2 on the effects of low recruitment and retention on the
3 Armed Forces.
4 (b) MATTERS.—The report under subsection (a) shall
5 include an assessment of the following:
6 (1) The effect of low recruitment on the tempo
7 for operational units during the previous five years,
8 including with respect to deployed units and units in
9 pre-deployment training.
10 (2) Whether the rate of operational tempo dur-
11 ing the pervious five years has affected the retention
12 of members of the Armed Forces, including with re-
13 spect to deployed units and units in pre-deployment
14 training.
15 (3) How the rate of operational tempo during
16 the previous five years has affected the number of
17 mental health visits of members of the Armed
18 Forces serving in such units.
19 (4) How the rate of operational tempo during
20 the pervious five years has affected the number of
21 suicides occurring within such units.
22 (5) Whether the rate of operational tempo dur-
23 ing the pervious five years has affected the number
24 of musculoskeletal and related injuries incurred by
25 members of the Armed Forces serving in such units.
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1 (6) The type or types of military occupational
2 specialties most affected by low recruitment.
3 (7) Lessons learned in the process of gathering
4 data for the report under this section.
5 (8) Any policy or legislative recommendations to
6 mitigate the effect of low recruitment on the oper-
7 ational tempo of the Armed Forces.
8 SEC. 748. GUIDANCE FOR ADDRESSING HEALTHY RELA-
9 TIONSHIPS AND INTIMATE PARTNER VIO-
10 LENCE THROUGH TRICARE PROGRAM.
11 (a) GUIDANCE.—The Secretary of Defense shall dis-

12 seminate guidance on the implementation through the
13 TRICARE program of—
14 (1) education on healthy relationships and inti-
15 mate partner violence; and
16 (2) protocols for—
17 (A) the routine assessment of intimate
18 partner violence and sexual assault; and
19 (B) the promotion of, and strategies for,
20 trauma-informed care plans.
24 House of Representatives and the Senate a briefing on the
25 implementation of this section.
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1 SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS
2 FOR MEMBERS OF THE ARMED FORCES.
3 (a) IN GENERAL.—Not later than March 1, 2023, the

6 atives a briefing on the following:
7 (1) The feasibility and advisability of imple-
8 menting reforms related to suicide prevention among
9 members of the Armed Forces as follows:
10 (A) Eliminating mental health history as a
11 disqualifier for service in the Armed Forces, in-
12 cluding by eliminating restrictions related to
13 mental health history that are specific to mili-
14 tary occupational specialties.
15 (B) Requiring comprehensive and in-per-
16 son annual mental health assessments of mem-
17 bers of the Armed Forces.
18 (C) Requiring behavioral health providers
19 under the TRICARE program, including pro-
20 viders contracted through such program, to un-
21 dergo evidence-based and suicide-specific train-
22 ing.
23 (D) Requiring leaders at all levels of the
24 Armed Forces to be trained on the following:
25 (i) Total wellness.
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1 (ii) Suicide warning signs and risk
2 factors.
3 (iii) Evidence-based, suicide-specific
4 interventions.
5 (iv) Effectively communicating with
6 medical and behavioral health providers.
7 (v) Communicating with family mem-
8 bers, including extended family members
9 who are not co-located with a member of
10 the Armed Forces, on support and access
11 to resources for members of the Armed
12 Forces and the dependents thereof.
13 (E) Requiring mandatory referral to War-
14 riors in Transition programs, or other transi-
15 tional programs, for members of the Armed
16 Forces who are eligible for such programs.
17 (2) Recommendations for additional legislative
18 actions necessary to further enhance or expand sui-
19 cide prevention efforts of the Department of De-
20 fense.
21 (b) DEFINITIONS.—In this section—
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1 (2) The term ‘‘Warriors in Transition pro-
2 gram’’ has the meaning given that term in section
3 738(e) of the National Defense Authorization Act
4 for Fiscal Year 2013 (Public Law 112–239; 10
5 U.S.C. 1071 note).
6 TITLE VIII—ACQUISITION POL-
7 ICY, ACQUISITION MANAGE-
8 MENT, AND RELATED MAT-
9 TERS
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in overcoming

obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and engineering
services.
Sec. 803. Data requirements for commercial products for major weapon sys-
tems.
Sec. 804. Revision of authority for procedures to allow rapid acquisition and
deployment of capabilities needed under specified high-priority
circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal for dis-
closure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition
programs.
Sec. 809. Acquisition reporting system.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and

Limitations
Sec. 811. Inclusion in budget justification materials of enhanced reporting on

proposed cancellations and modifications to multiyear con-
tracts.
Sec. 812. Comptroller General assessment of acquisition programs and related
efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with requests for
multiyear procurement authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of certain activi-
ties with unusually hazardous risks.
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Sec. 817. Modification to prohibition on operation or procurement of foreign-
Sec. 818. Extension of pilot program to accelerate contracting and pricing proc-
esses.
Sec. 819. Extension of pilot program for distribution support and services for
weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department of
Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due to infla-
tion impacts.
Subtitle C—Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition workforce
excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and agree-
ments with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software or
hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial skills pro-
gram.
Subtitle D—Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of intellectual

property.
Sec. 842. Modification of authority of the Department of Defense to carry out
certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the procure-
ment and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E—Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.

Sec. 852. Modification to miscellaneous limitations on the procurement of goods
other than United States goods.
Sec. 853. Requirements for the procurement of certain components for certain
naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the Xinjiang
Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor–Protege Program.
Sec. 857. Procurement requirements relating to rare earth elements and stra-
tegic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing and in-
dustrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobiliza-
tion and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical supply
chains.
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Sec. 861. Strategy for increasing competitive opportunities for certain critical
technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F—Small Business Matters
Sec. 871.
Codification of Small Business Administration scorecard.
Sec. 872.
Modifications to the SBIR and STTR programs.
Sec. 873.
Access to data on bundled or consolidated contracts.
Sec. 874.
Small business integration working group.
Sec. 875.
Demonstration of commercial due diligence for small business pro-
grams.
Sec. 876. Development and assessment of mission effectiveness metrics.
Sec. 881. Technical correction to effective date of the transfer of certain title
10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance into
program classification guides and program protection plans.
1 Subtitle A—Acquisition Policy and

2 Management
3 SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND
4 PERSISTENCE IN OVERCOMING OBSTACLES
5 IN ACQUISITION.

7 States Code, is amended by inserting after section 1742
9 ‘‘§ 1743. Awards to recognize members of the acquisi-
10 tion workforce
11 ‘‘(a) ESTABLISHMENT.—The President of the De-

12 fense Acquisition University shall establish two programs
13 to provide awards to recognize members of the acquisition
14 workforce as follows:
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1 ‘‘(1) An award of not more than $5,000 to such
2 members who use an iterative writing process to doc-
3 ument a first-hand account of using independent
4 judgment to overcome an obstacle the member faced
5 while working within the defense acquisition system
6 (as defined in section 3001 of this title).
7 ‘‘(2) An award of not more than $5,000 to such
8 members who make the best use of the flexibilities
9 and authorities granted by the Federal Acquisition
10 Regulation and Department of Defense Instruction
11 5000.02 (Operation of the Defense Acquisition Sys-
12 tem).
13 ‘‘(b) NUMBER OF AWARDS.—
14 ‘‘(1) IN GENERAL.—The President of the De-
15 fense Acquisition University may make not more
16 than five awards under subsection (a)(1) and one
17 award under subsection (a)(2) each year.
18 ‘‘(2) LIMITATION.—A member of the acquisi-
19 tion workforce may receive one award each year.
20 ‘‘(c) REQUIREMENTS FOR WRITING AWARD.—
21 ‘‘(1) SUBMISSION REQUIRED.—A member of
22 the acquisition workforce desiring an award under
23 subsection (a)(1) shall submit to the President of
24 the Defense Acquisition University the first-hand ac-
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724
1 count described in such subsection. Such first-hand
2 account shall demonstrate—
3 ‘‘(A) an original and engaging idea docu-
4 menting the use of independent judgment to
5 overcome an obstacle the recipient faced while
6 working within the defense acquisition system;
7 and
8 ‘‘(B) the use of an iterative writing proc-
9 ess, including evidence of—
10 ‘‘(i) critical thinking;
11 ‘‘(ii) incorporation of feedback from
12 diverse perspectives; and
13 ‘‘(iii) editing to achieve plain writing
14 (as defined in section 3 of the Plain Writ-
15 ing Act of 2010 (5 U.S.C. 301 note)).
16 ‘‘(2) WEBSITE.—The President of the Defense
17 Acquisition University shall establish and maintain a
18 website to serve as a repository for submissions
19 made under paragraph (1). Such website shall allow
20 for public comments and discussion.
21 ‘‘(d) REQUIREMENTS FOR FLEXIBILITY AWARD.—A
22 member of the acquisition workforce desiring an award
23 under subsection (a)(2) shall submit to the President of
24 the Defense Acquisition University documentation that
25 such member uses approaches to program management
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1 that emphasize innovation and local adaptation, including
2 the use of—
3 ‘‘(1) simplified acquisition procedures;
4 ‘‘(2) inherent flexibilities within the Federal Ac-
5 quisition Regulation;
6 ‘‘(3) commercial contracting approaches;
7 ‘‘(4) public-private partnership agreements and
8 practices;
9 ‘‘(5) cost-sharing arrangements;
10 ‘‘(6) innovative contractor incentive practices;
11 or
12 ‘‘(7) other innovative implementations of acqui-
13 sition flexibilities.
14 ‘‘(e) FUNDING.—The Secretary of Defense shall use
15 funds from the Defense Acquisition Workforce Develop-
16 ment Account to carry out this section.’’.
19 after section 1742 the following new item:
‘‘1743. Awards to recognize members of the acquisition workforce.’’.
20 (c) CONFORMING AMENDMENT.—Section 834 of the

22 (Public Law 114–328; 130 Stat. 2285; 10 U.S.C. 1701a
23 note) is repealed.
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1 SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR
2 ARCHITECTURAL AND ENGINEERING SERV-
3 ICES.

6 section:
7 ‘‘(h) ARCHITECTURAL AND ENGINEERING SERV-
8 ICES.—
9 ‘‘(1) QUALIFICATION-BASED SELECTIONS RE-
10 QUIRED.—Task or delivery orders for architectural

11 and engineering services issued under section 3403
12 or 3405 of this title shall be qualification-based se-
13 lections executed in accordance with chapter 11 of
14 title 40.
15 ‘‘(2) MULTIPLE AWARD CONTRACTS.—When
16 issuing a task or delivery order for architectural and

17 engineering services under a multiple award con-
18 tract, the head of an agency may not routinely re-
19 quest additional information relating to qualifica-
20 tions from the contractor for such multiple award
21 contract.’’.
22 SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PROD-
23 UCTS FOR MAJOR WEAPON SYSTEMS.
24 (a) AMENDMENTS RELATING TO SUBSYSTEMS OF
25 MAJOR WEAPONS SYSTEMS.—Section 3455(b) of title 10,

26 United States Code is amended—
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2 subparagraphs (A) and (B);
3 (2) by inserting ‘‘(1)’’ before ‘‘A subsystem of
4 a major weapon system’’; and
6 paragraph:
7 ‘‘(2)(A) For a subsystem proposed as commercial (as
8 defined in section 103(1) of title 41) and that has not
9 been previously determined commercial in accordance with
10 section 3703(d) of this title, the offeror shall—
11 ‘‘(i) identify the comparable commercial product
12 the offeror sells to the general public or nongovern-
13 mental entities that serves as the basis for the ‘of
14 a type’ assertion;
15 ‘‘(ii) submit to the contracting officer a com-
16 parison necessary to serve as the basis of the ‘of a
17 type’ assertion of the physical characteristics and
18 functionality between the subsystem and the com-
19 parable commercial product identified under clause
20 (i); and
21 ‘‘(iii) provide to the contracting officer the Na-
22 tional Stock Number for both the comparable com-
23 mercial product identified under clause (i), if one is
24 assigned, and the subsystem, if one is assigned.
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1 ‘‘(B) If the offeror does not sell a comparable com-
2 mercial product to the general public or nongovernmental
3 entities for purposes other than governmental purposes
4 that can serve as the basis for an ‘of a type’ assertion
5 with respect to the subsystem—
6 ‘‘(i) the offeror shall—
7 ‘‘(I) notify the contracting officer in writ-
8 ing that it does not so sell such a comparable
9 commercial product; and
10 ‘‘(II) provide to the contracting officer a
11 comparison necessary to serve as the basis of
12 the ‘of a type’ assertion of the physical charac-
13 teristics and functionality between the sub-
14 system and the most comparable commercial
15 product in the commercial marketplace, to the
16 extent reasonably known by the offeror; and
17 ‘‘(ii) subparagraph (A) shall not apply with re-
18 spect to the offeror for such subsystem.’’.
19 (b) AMENDMENT RELATING TO COMPONENTS AND
20 SPARE PARTS.—Section 3455(c)(2) of such title is amend-

21 ed to read as follows:
22 ‘‘(2)(A) For a component or spare part proposed as
23 commercial (as defined in section 103(1) of title 41) and
24 that has not previously been determined commercial in ac-
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1 cordance with section 3703(d) of this title, the offeror
2 shall—
3 ‘‘(i) identify the comparable commercial product
4 the offeror sells to the general public or nongovern-
5 mental entities that serves as the basis for the ‘of
6 a type’ assertion;
7 ‘‘(ii) submit to the contracting officer a com-
8 parison necessary to serve as the basis of the ‘of a
9 type’ assertion of the physical characteristics and
10 functionality between the component or spare part
11 and the comparable commercial product identified
12 under clause (i); and
13 ‘‘(iii) provide to the contracting officer the Na-
14 tional Stock Number for both the comparable com-
15 mercial product identified under clause (i), if one is
16 assigned, and the component or spare part, if one is
17 assigned.
18 ‘‘(B) If the offeror does not sell a comparable com-
19 mercial product to the general public or nongovernmental
20 entities for purposes other than governmental purposes
21 that can serve as the basis for an ‘of a type’ assertion
22 with respect to the component or spare part—
23 ‘‘(i) the offeror shall—
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1 ‘‘(I) notify the contracting officer in writ-
2 ing that it does not so sell such a comparable
3 commercial product; and
4 ‘‘(II) provide to the contracting officer a
5 comparison necessary to serve as the basis of
6 the ‘of a type’ assertion of the physical charac-
7 teristics and functionality between the compo-
8 nent or spare part and the most comparable
9 commercial product in the commercial market-
10 place, to the extent reasonably known by the of-
11 feror; and
12 ‘‘(ii) subparagraph (A) shall not apply with re-
13 spect to the offeror for such component or spare
14 part.’’.
15 (c) AMENDMENTS RELATING TO INFORMATION SUB-
16 MITTED.—Section 3455(d) of such title is amended—
17 (1) in the subsection heading, by inserting after
18 ‘‘SUBMITTED’’ the following: ‘‘FOR PROCUREMENTS
19 THAT ARE NOT COVERED BY THE EXCEPTIONS IN
20 SECTION 3703(A)(1) OF THIS TITLE’’;

23 (A), by striking ‘‘the contracting officer shall
24 require the offeror to submit—’’ and inserting
25 ‘‘the offeror shall, in accordance with paragraph
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1 (4), submit to the contracting officer or provide
2 the contracting officer access to—’’;
3 (B) in subparagraph (A)—
4 (i) by inserting ‘‘a representative sam-
5 ple, as determined by the contracting offi-
6 cer, of the’’ before ‘‘prices paid’’; and
7 (ii) by inserting ‘‘, and the terms and
8 conditions of such sales’’ after ‘‘Govern-
9 ment and commercial customers’’;
10 (C) in subparagraph (B), by striking ‘‘in-
11 formation on—’’ and all that follows and insert-
12 ing the following: ‘‘a representative sample, as
13 determined by the contracting officer, of the
14 prices paid for the same or similar commercial
15 products sold under different terms and condi-
16 tions, and the terms and conditions of such
17 sales; and’’; and
18 (D) in subparagraph (C)—
19 (i) by inserting ‘‘only’’ before ‘‘if the
20 contracting officer’’; and
21 (ii) by inserting after ‘‘reasonableness
22 of price’’ the following: ‘‘because either the
23 comparable commercial products provided
24 by the offeror are not a valid basis for a
25 price analysis or the contracting officer de-
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1 termines the proposed price is not reason-
2 able after evaluating sales data, and the
3 contracting officer receives the approval
4 described in paragraph (5)’’; and
6 paragraphs:
7 ‘‘(4)(A) An offeror may redact data information sub-
8 mitted or made available under subparagraph (A) or (B)
9 of paragraph (1) with respect to sales of an item acquired
10 under this section only to the extent necessary to remove
11 information individually identifying government cus-
12 tomers, commercial customers purchasing such item for
13 governmental purposes, and commercial customers pur-
14 chasing such item for commercial, mixed, or unknown pur-
15 poses.
16 ‘‘(B) Before an offeror may exercise the authority
17 under subparagraph (A) with respect to a customer, the
18 offeror shall certify in writing to the contracting officer
19 whether the customer is a government customer, a com-
20 mercial customer purchasing the item for governmental
21 purpose, or a commercial customer purchasing the item
22 for a commercial, mixed, or unknown purpose.
23 ‘‘(5) A contracting officer may not require an offeror
24 to submit or make available information under paragraph
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1 (1)(C) without approval from a level above the contracting
2 officer.
3 ‘‘(6) Nothing in this subsection shall relieve an offer-
4 or of other obligations under any other law or regulation
5 to disclose and support the actual rationale of the offeror
6 for the price proposed by the offeror to the Government
7 for any good or service.’’.
8 (d) APPLICABILITY.—Section 3455 of such title is
10 section:
11 ‘‘(g) APPLICABILITY.—
12 ‘‘(1) IN GENERAL.—Subsections (b) and (c)
13 shall apply only with respect to subsystems described
14 in subsection (b) and components or spare parts de-
15 scribed in subsection (c), respectively, that the De-
16 partment of Defense acquires through—
17 ‘‘(A) a prime contract;
18 ‘‘(B) a modification to a prime contract; or
19 ‘‘(C) a subcontract described in paragraph
20 (2).
21 ‘‘(2) SUBCONTRACT DESCRIBED.—A sub-
22 contract described in this paragraph is a subcontract
23 through which the Department of Defense acquires
24 a subsystem or component or spare part proposed as
25 commercial (as defined in section 103(1) of title 41)
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1 under this section and that has not previously been
2 determined commercial in accordance with section
3 3703(d).’’.
4 SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO
5 ALLOW RAPID ACQUISITION AND DEPLOY-
6 MENT OF CAPABILITIES NEEDED UNDER
7 SPECIFIED HIGH-PRIORITY CIRCUMSTANCES.
8 (a) REVISION AND CODIFICATION OF RAPID ACQUISI-

9 TION AUTHORITY.—Chapter 253 of part V of title 10,
10 United States Code, is amended to read as follows:
11 ‘‘CHAPTER 253—RAPID ACQUISITION
12 PROCEDURES
‘‘Sec.
‘‘3601. Procedures for urgent acquisition and deployment of capabilities needed
in response to urgent operational needs or vital national secu-
rity interest.
13 ‘‘§ 3601. Procedures for urgent acquisition and de-

14 ployment of capabilities needed in re-
15 sponse to urgent operational needs or
16 vital national security interest
17 ‘‘(a) PROCEDURES.—
18 ‘‘(1) IN GENERAL.—The Secretary of Defense
19 shall prescribe procedures for the urgent acquisition
20 and deployment of capabilities needed in response to
21 urgent operational needs. The capabilities for which
22 such procedures may be used in response to an ur-
23 gent operational need are those—
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1 ‘‘(A) that, subject to such exceptions as
2 the Secretary considers appropriate for pur-
3 poses of this section—
4 ‘‘(i) can be fielded within a period of
5 two to 24 months;
6 ‘‘(ii) do not require substantial devel-
7 opment effort;
8 ‘‘(iii) are based on technologies that
9 are proven and available; and
10 ‘‘(iv) can appropriately be acquired
11 under fixed-price contracts; or
12 ‘‘(B) that can be developed or procured
13 under a section 804 rapid acquisition pathway.
14 ‘‘(2) DEFINITION.—In this section, the term
15 ‘section 804 rapid acquisition pathway’ means the
16 rapid fielding acquisition pathway or the rapid
17 prototyping acquisition pathway authorized under
20 U.S.C. 3201 prec.).
21 ‘‘(b) MATTERS TO BE INCLUDED.—The procedures
22 prescribed under subsection (a) shall include the following:
23 ‘‘(1) A process for streamlined communications
24 between the Chairman of the Joint Chiefs of Staff,
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1 the acquisition community, and the research and de-
2 velopment community, including—
3 ‘‘(A) a process for the commanders of the
4 combatant commands and the Chairman of the
5 Joint Chiefs of Staff to communicate their
6 needs to the acquisition community and the re-
7 search and development community; and
8 ‘‘(B) a process for the acquisition commu-
9 nity and the research and development commu-
10 nity to propose capabilities that meet the needs
11 communicated by the combatant commands and
12 the Chairman of the Joint Chiefs of Staff.
13 ‘‘(2) Procedures for demonstrating, rapidly ac-
14 quiring, and deploying a capability proposed pursu-
15 ant to paragraph (1)(B), including—
16 ‘‘(A) a process for demonstrating and eval-
17 uating for current operational purposes the per-
18 formance of the capability;
19 ‘‘(B) a process for developing an acquisi-
20 tion and funding strategy for the deployment of
21 the capability; and
22 ‘‘(C) a process for making deployment and
23 utilization determinations based on information
24 obtained pursuant to subparagraphs (A) and
25 (B).
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1 ‘‘(3) A process to determine the disposition of
2 a capability, including termination (demilitarization
3 or disposal), continued sustainment, or transition to
4 a program of record.
5 ‘‘(4) Specific procedures in accordance with the
6 guidance developed under section 804(a) of the Na-
8 2016 (Public Law 114–92; 10 U.S.C. 3201 prec.).
9 ‘‘(c) RESPONSE TO COMBAT EMERGENCIES AND
10 CERTAIN URGENT OPERATIONAL NEEDS.—

11 ‘‘(1) DETERMINATION OF NEED FOR URGENT
12 ACQUISITION AND DEPLOYMENT.—(A) In the case of

13 any capability that, as determined in writing by the
14 Secretary of Defense, is urgently needed to eliminate
15 a documented deficiency that has resulted in combat
16 casualties, or is likely to result in combat casualties,
17 the Secretary may use the procedures developed
18 under this section in order to accomplish the urgent
19 acquisition and deployment of the needed capability.
20 ‘‘(B) In the case of any capability that, as de-
21 termined in writing by the Secretary of Defense, is
22 urgently needed to eliminate a documented defi-
23 ciency that impacts an ongoing or anticipated con-
24 tingency operation and that, if left unfulfilled, could
25 potentially result in loss of life or critical mission
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738
1 failure, the Secretary may use the procedures devel-
2 oped under this section in order to accomplish the
3 urgent acquisition and deployment of the needed ca-
4 pability.
5 ‘‘(C)(i) In the case of any cyber capability that,
6 as determined in writing by the Secretary of De-
7 fense, is urgently needed to eliminate a deficiency
8 that as the result of a cyber attack has resulted in
9 critical mission failure, the loss of life, property de-
10 struction, or economic effects, or if left unfilled is
11 likely to result in critical mission failure, the loss of
12 life, property destruction, or economic effects, the
13 Secretary may use the procedures developed under
14 this section in order to accomplish the urgent acqui-
15 sition and deployment of the needed offensive or de-
16 fensive cyber capability.
17 ‘‘(ii) In this subparagraph, the term ‘cyber at-
18 tack’ means a deliberate action to alter, disrupt, de-
19 ceive, degrade, or destroy computer systems or net-
20 works or the information or programs resident in or
21 transiting these systems or networks.
22 ‘‘(2) DESIGNATION OF SENIOR OFFICIAL RE-
23 SPONSIBLE.—(A)(i) Except as provided under clause

24 (ii), whenever the Secretary of Defense makes a de-
25 termination under subparagraph (A), (B), or (C) of
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1 paragraph (1) that a capability is urgently needed to
2 eliminate a deficiency described in that subpara-
3 graph, the Secretary shall designate a senior official
4 of the Department of Defense to ensure that the
5 needed capability is acquired and deployed as quick-
6 ly as possible, with a goal of awarding a contract for
7 the acquisition of the capability within 15 days.
8 ‘‘(ii) Clause (i) does not apply to an acquisition
9 initiated in the case of a determination by the Sec-
10 retary of Defense that funds are necessary to imme-
11 diately initiate a project under a section 804 rapid
12 acquisition pathway if the designated official for ac-
13 quisitions using such pathway is a service acquisition
14 executive.
15 ‘‘(B) Upon designation of a senior official under
16 subparagraph (A) with respect to a needed capa-
17 bility, the Secretary shall authorize that senior offi-
18 cial to waive any provision of law or regulation de-
19 scribed in subsection (d) that such senior official de-
20 termines in writing would unnecessarily impede the
21 urgent acquisition and deployment of such capa-
22 bility. In a case in which such capability cannot be
23 acquired without an extensive delay, the senior offi-
24 cial shall require that an interim solution be imple-
25 mented and deployed using the procedures developed
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740
1 under this section to minimize adverse consequences
2 resulting from the urgent need.
3 ‘‘(3) USE OF FUNDS.—(A) Subject to subpara-
4 graph (C), in any fiscal year in which the Secretary
5 of Defense makes a determination described in sub-
6 paragraph (A), (B), or (C) of paragraph (1) with re-
7 spect to a capability, or upon the Secretary making
8 a determination that funds are necessary to imme-
9 diately initiate a project under a section 804 rapid
10 acquisition pathway based on a compelling national
11 security need, the Secretary may use any funds
12 available to the Department of Defense to urgently
13 acquire and deploy such capability or immediately
14 initiate such project, respectively, if the determina-
15 tion includes a written finding that the use of such
16 funds is necessary to address in a timely manner the
17 deficiency documented or identified under such sub-
18 paragraph (A), (B), or (C) or the compelling na-
19 tional security need identified for purposes of such
20 section 804 pathway, respectively.
21 ‘‘(B) The authority provided by this section
22 may only be used to acquire capability—
23 ‘‘(i) in the case of determinations by the
24 Secretary under paragraph (1)(A), in an
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1 amount aggregating not more than
2 $200,000,000 during any fiscal year;
3 ‘‘(ii) in the case of determinations by the
4 Secretary under paragraph (1)(B), in an
6 $200,000,000 during any fiscal year;
7 ‘‘(iii) in the case of determinations by the
8 Secretary under paragraph (1)(C), in an
10 $200,000,000 during any fiscal year; and
11 ‘‘(iv) in the case of a determination by the
12 Secretary that funds are necessary to imme-
13 diately initiate a project under a section 804
14 rapid acquisition pathway, in an amount aggre-
15 gating not more than $50,000,000 during any
16 fiscal year.
17 ‘‘(C) In exercising the authority under this sec-
18 tion—
19 ‘‘(i) none of the amounts appropriated for
20 Operation and Maintenance may be used to
21 carry out this section except for amounts appro-
22 priated for—
23 ‘‘(I) Operation and Maintenance, De-
24 fense-wide;
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1 ‘‘(II) Operation and Maintenance,
2 Army;
3 ‘‘(III) Operation and Maintenance,
4 Navy;
5 ‘‘(IV) Operation and Maintenance,
6 Marine Corps;
7 ‘‘(V) Operation and Maintenance, Air
8 Force; or
9 ‘‘(VI) Operation and Maintenance,
10 Space Force; and
11 ‘‘(ii) when funds are utilized for
12 sustainment purposes, this authority may not
13 be used for more than 2 years.
14 ‘‘(4) NOTIFICATION TO CONGRESSIONAL DE-
15 FENSE COMMITTEES.—(A) In the case of a deter-

16 mination by the Secretary of Defense under sub-
17 paragraph (A) or (C) of paragraph (1), the Sec-
18 retary shall notify the congressional defense commit-
19 tees of the determination within 15 days after the
20 date of the determination.
21 ‘‘(B) In the case of a determination by the Sec-
22 retary under paragraph (1)(B), the Secretary shall
23 notify the congressional defense committees of the
24 determination at least 10 days before the date on
25 which the determination is effective.
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743
1 ‘‘(C) In the case of a determination by the Sec-
2 retary under paragraph (3)(A) that funds are nec-
3 essary to immediately initiate a project under a sec-
4 tion 804 rapid acquisition pathway, the Secretary
5 shall notify the congressional defense committees of
6 the determination within 10 days after the date of
7 the use of such funds.
8 ‘‘(D) A notice under this paragraph shall in-
10 ‘‘(i) Identification of the capability to be
11 acquired.
12 ‘‘(ii) The amount anticipated to be ex-
13 pended for the acquisition.
14 ‘‘(iii) The source of funds for the acquisi-
15 tion.
16 ‘‘(E) A notice under this paragraph shall fulfill
17 any requirement to provide notification to Congress
18 for a program (referred to as a ‘new start program’)
19 that has not previously been specifically authorized
20 by law or for which funds have not previously been
21 appropriated.
22 ‘‘(F) A notice under this paragraph shall be
23 provided in consultation with the Director of the Of-
24 fice of Management and Budget.
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1 ‘‘(5) LIMITATION ON OFFICERS WITH AUTHOR-
2 ITY.—The authority to make determinations under

3 subparagraph (A), (B), or (C) of paragraph (1) and
4 under paragraph (3)(A) that funds are necessary to
5 immediately initiate a project under a section 804
6 rapid acquisition pathway, to designate a senior offi-
7 cial responsible under paragraph (3), and to provide
8 notification to the congressional defense committees
9 under paragraph (4) may be exercised only by the
10 Secretary of Defense or the Deputy Secretary of De-
11 fense.
12 ‘‘(d) AUTHORITY TO WAIVE CERTAIN LAWS AND
13 REGULATIONS.—
14 ‘‘(1) AUTHORITY.—Following a determination
15 described in subsection (c)(1), the senior official des-
16 ignated in accordance with subsection (c)(2), with
17 respect to that designation, may waive any provision
18 of law or regulation addressing—
19 ‘‘(A) the establishment of a requirement or
20 specification for the capability to be acquired;
21 ‘‘(B) the research, development, test, and
22 evaluation of the capability to be acquired;
23 ‘‘(C) the production, fielding, and
24 sustainment of the capability to be acquired; or
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1 ‘‘(D) the solicitation, selection of sources,
2 and award of the contracts for procurement of
3 the capability to be acquired.
4 ‘‘(2) LIMITATIONS.—Nothing in this subsection
5 authorizes the waiver of—
6 ‘‘(A) the requirements of this section;
7 ‘‘(B) any provision of law imposing civil or
8 criminal penalties; or
9 ‘‘(C) any provision of law governing the
10 proper expenditure of appropriated funds.
11 ‘‘(e) OPERATIONAL ASSESSMENTS.—
12 ‘‘(1) IN GENERAL.—The process prescribed
13 under subsection (b)(2)(A) for demonstrating and
14 evaluating for current operational purposes the per-
15 formance of a capability proposed pursuant to sub-
16 section (b)(1)(B) shall include the following:
17 ‘‘(A) An operational assessment in accord-
18 ance with procedures prescribed by the Director
19 of Operational Test and Evaluation.
20 ‘‘(B) A requirement to provide information
21 about any deficiency of the capability in meet-
22 ing the original requirements for the capability
23 (as stated in a statement of the urgent oper-
24 ational need or similar document) to the deploy-
25 ment decision-making authority.
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1 ‘‘(2) LIMITATION.—The process prescribed
2 under subsection (b)(2)(A) may not include a re-
3 quirement for any deficiency of capability identified
4 in the operational assessment to be the determining
5 factor in deciding whether to deploy the capability.
6 ‘‘(3) DIRECTOR OF OPERATIONAL TEST AND
7 EVALUATION ACCESS.—If a capability is deployed

8 under the procedures prescribed pursuant to this
9 section, or under any other authority, before oper-
10 ational test and evaluation of the capability is com-
11 pleted, the Director of Operational Test and Evalua-
12 tion shall have access to operational records and
13 data relevant to such capability in accordance with
14 section 139(e)(3) of this title for the purpose of
15 completing operational test and evaluation of the ca-
16 pability. Such access shall be provided in a time and
17 manner determined by the Secretary of Defense con-
18 sistent with requirements of operational security and
19 other relevant operational requirements.’’.
20 (b) CLERICAL AMENDMENT.—The table of chapters
21 at the beginning of subtitle A, and at the beginning of
22 part V of subtitle A, of title 10, United States Code, are
23 each amended by striking the item relating to chapter 253
24 and inserting the following:
‘‘253. Rapid Acquisition Procedures ........................................................ 3601’’.
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1 (c) CONFORMING REPEALS.—The following provi-
2 sions of law are repealed:
3 (1) Section 804 of the Ike Skelton National De-
5 lic Law 111–383; 10 U.S.C. 3201 note prec.).
6 (2) Section 806 of the Bob Stump National De-
8 lic Law 107–314; 10 U.S.C. 3201 note prec.).
9 (d) ADDITIONAL CONFORMING AMENDMENTS.—
10 (1) Section 2216a(c) of title 10, United States
11 Code, is amended by striking ‘‘section 804(b) of the
12 Ike Skelton National Defense Authorization Act for
13 Fiscal Year 2011 (10 U.S.C. 2302 note)’’ and in-
14 serting ‘‘Department of Defense Instruction 5000.81
15 (or any successor instruction), dated December 31,
16 2019, and titled ‘Urgent Capability Acquisition’ ’’.
17 (2) Section 8074 of title VIII of the Depart-
18 ment of Defense Appropriations Act, 2022 (division
19 C of Public Law 117–103; 136 Stat. 193) is amend-
20 ed by striking ‘‘under section 806(c)(4) of the Bob
21 Stump National Defense Authorization Act for Fis-
22 cal Year 2003 (10 U.S.C. 2302 note)’’ and inserting
23 ‘‘under section 3601(c)(4) of title 10, United States
24 Code,’’.
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1 (3) Section 851(f) of the Carl Levin and How-
2 ard P. ‘‘Buck’’ McKeon National Defense Authoriza-
3 tion Act for Fiscal Year 2015 (Public Law 113–291;
4 10 U.S.C 3201 note prec.) is amended by striking
5 ‘‘under section 806 of the Bob Stump National De-
7 lic Law 107–314; 10 U.S.C. 2302 note)’’ and insert-
8 ing ‘‘under section 3601 of title 10, United States
9 Code’’.
10 (4) Section 231(c)(1)(A) of the John Warner
13 amended by striking ‘‘section 806 of the Bob Stump
15 2003 (10 U.S.C. 2302 note)’’ and inserting ‘‘section
16 3601 of title 10, United States Code’’.
17 SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLE-
18 MENTING EXECUTIVE ORDERS.

21 (1) in the section heading, by striking ‘‘: cer-
22 tification’’;
24 section (d);
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3 ‘‘(c) TREATMENT OF CERTAIN CLAUSES IMPLE-
4 MENTING EXECUTIVE ORDERS.—The unilateral insertion
5 of a covered clause into an existing Department of Defense
6 contract, order, or other transaction by a contracting offi-
7 cer shall be treated as a change directed by the contracting
8 officer pursuant to, and subject to, the Changes clause of
9 the underlying contract, order, or other transaction.’’; and
10 (4) in subsection (d), as redesignated by para-
11 graph (2)—
13 ‘‘DEFINITION’’ and inserting ‘‘DEFINITIONS’’;
14 (B) by striking ‘‘section, the term’’ and in-
15 serting the following: ‘‘section:
16 ‘‘(1) The term’’; and
18 paragraphs:
19 ‘‘(2) The term ‘Changes clause’ means the
20 clause described in part 52.243–4 of the Federal Ac-
21 quisition Regulation or any successor regulation.
22 ‘‘(3) The term ‘covered clause’ means any
23 clause implementing the requirements of an Execu-
24 tive order issued by the President.’’.
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750
3 Code, is amended by striking the item relating to section
4 3862 and inserting the following:
‘‘3862. Requests for equitable adjustment or other relief.’’.
5 (c) CONFORMING REGULATIONS.—Not later than

7 Secretary of Defense shall revise the Department of De-
8 fense Supplement to the Federal Acquisition Regulation
9 to implement the requirements of section 3862 of title 10,
10 United States Code, as amended by subsection (a).
11 (d) CONFORMING POLICY GUIDANCE.—Not later
13 the Secretary of Defense shall revise applicable policy
14 guidance on other transactions to implement the require-
15 ments of section 3862 of title 10, United States Code, as
16 amended by subsection (a).
17 SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUP-
18 PORT.
19 (a) IN GENERAL.—Section 4324(b) of title 10,

21 (1) by redesignating paragraphs (1), (2), (3),
22 (4), (5), (6), (7), and (8) as subparagraphs (A), (B),
23 (C), (D), (E), (F), (G), and (J), respectively;
24 (2) by designating the matter preceding sub-
25 paragraph (A), as so redesignated, as paragraph (1);
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751
1 (3) in paragraph (1), as so designated—
3 (A), as so redesignated—
4 (i) by inserting ‘‘IN GENERAL.—’’ be-
5 fore ‘‘Before granting’’; and
6 (ii) by inserting ‘‘for which the mile-
7 stone decision authority has received views
8 from appropriate materiel, logistics, or
9 fleet representatives’’ after ‘‘approved life
10 cycle sustainment plan’’;
11 (B) by amending subparagraph (G), as so
12 redesignated, to read as follows:
13 ‘‘(G) an intellectual property management
14 plan for product support, including require-
15 ments for technical data, software, and modular
16 open system approaches (as defined in section
17 4401 of this title);’’;
18 (C) by inserting after subparagraph (G),
19 as so redesignated, the following new subpara-
20 graphs:
21 ‘‘(H) an estimate of the number of per-
22 sonnel needed to operate and maintain the cov-
23 ered system, including military personnel, Fed-
24 eral employees, contractors, and host nation
25 support personnel (as applicable);
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752
1 ‘‘(I) a description of opportunities for for-
2 eign military sales; and’’; and
3 (4) by adding at the end of paragraph (1), as
4 so designated, the following new paragraph:
5 ‘‘(2) SUBSEQUENT PHASES.—Before granting
6 Milestone C approval (or the equivalent) for the cov-
7 ered system, the milestone decision authority shall
8 ensure that the life cycle sustainment plan required
9 by paragraph (1) for such covered system has been
10 updated to include views received by the milestone
11 decision authority from appropriate materiel, logis-
12 tics, or fleet representatives.’’.
13 (b) MILESTONE C APPROVAL DEFINED.—Section
14 4324(d) of title 10, United States Code, is amended—
16 graph (8); and
19 ‘‘(7) MILESTONE C APPROVAL.—The term
20 ‘Milestone C approval’ has the meaning given that
21 term in section 4172(e)(8) of this title.’’.
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1 SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PRO-
2 TECTIONS FROM REPRISAL FOR DISCLOSURE
3 OF CERTAIN INFORMATION.
4 (a) DEFENSE CONTRACTS.—Section 4701 of title 10,

7 (A) in paragraph (2)(G), by striking ‘‘or
8 subcontractor’’ and inserting ‘‘, subcontractor,
9 grantee, subgrantee, or personal services con-
10 tractor’’; and
11 (B) in paragraph (3)(A), by striking ‘‘or
12 subcontractor’’ and inserting ‘‘, subcontractor,
13 grantee, subgrantee, or personal services con-
14 tractor’’;
15 (2) in subsection (b)(1), by striking ‘‘contractor
16 concerned’’ and inserting ‘‘contractor, subcontractor,
17 grantee, subgrantee, or personal services contractor
18 concerned’’;
22 graph (A), by striking ‘‘contractor con-
23 cerned’’ and inserting ‘‘contractor, subcon-
24 tractor, grantee, subgrantee, or personal
25 services contractor concerned’’;
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1 (ii) in subparagraph (A), by inserting
2 ‘‘, subcontractor, grantee, subgrantee, or
3 personal services contractor’’ after ‘‘con-
4 tractor’’;
5 (iii) in subparagraph (B), by inserting
8 tractor’’;
9 (iv) in subparagraph (C), by inserting
12 tractor’’; and
13 (v) by inserting at the end the fol-
15 ‘‘(D) Consider disciplinary or corrective ac-
16 tion against any official of the Department of
17 Defense.’’; and
18 (B) in paragraph (2), by inserting ‘‘, sub-
19 contractor, grantee, subgrantee, or personal
20 services contractor’’ after ‘‘contractor’’;
21 (4) in subsection (d), by striking ‘‘and sub-
22 contractors’’ and inserting ‘‘, subcontractors, grant-
23 ees, subgrantees, or personal services contractors’’;
24 (5) in subsection (e)(2)—
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755
2 (A), by striking ‘‘or grantee of’’ and inserting
3 ‘‘grantee, subgrantee, or personal services con-
4 tractor of’’; and
5 (B) in subparagraph (B), by striking ‘‘or
6 grantee’’ and inserting ‘‘grantee, or sub-
7 grantee’’; and
8 (6) in subsection (g)(5), by inserting ‘‘or
9 grants’’ after ‘‘contracts’’.
10 (b) CIVILIAN CONTRACTS.—Section 4712 of title 41,
13 (A) in paragraph (1), by striking ‘‘or sub-
14 grantee’’ and inserting ‘‘subgrantee,’’;
15 (B) in paragraph (2), by striking ‘‘or sub-
16 grantee’’ and inserting ‘‘subgrantee, or personal
17 services contractor’’; and
18 (C) in paragraph (3), by striking ‘‘or sub-
20 services contractor’’;
21 (2) in subsection (b)(1), by striking ‘‘or sub-
22 grantee concerned’’ and inserting ‘‘subgrantee, or
23 personal services contractor concerned’’;
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756
2 graph (A), by striking ‘‘or subgrantee con-
3 cerned’’ and inserting ‘‘subgrantee, or per-
4 sonal services contractor concerned’’;
5 (ii) in subparagraph (A), by striking
6 ‘‘or subgrantee’’ and inserting ‘‘sub-
7 grantee, or personal services contractor’’;
11 (iv) in subparagraph (C), by striking
14 and
15 (v) by inserting at the end the fol-
17 ‘‘(D) Consider disciplinary or corrective action
18 against any official of the executive agency, if appro-
19 priate.’’; and
20 (B) in paragraph (2), by striking ‘‘or sub-
22 services contractor’’;
23 (4) in subsection (d), by striking ‘‘and sub-
24 grantees’’ and inserting ‘‘subgrantees, and personal
25 services contractors’’; and
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1 (5) in subsection (f), by striking ‘‘or sub-
2 grantee’’ each place it appears and inserting ‘‘sub-
3 grantee, or personal services contractor’’.
4 SEC. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CER-
5 TAIN MAJOR DEFENSE ACQUISITION PRO-
6 GRAMS.
7 (a) IN GENERAL.—Section 818 of the John Warner

9 (Public Law 109–364) is amended by adding at the end
10 the following new subsection:
11 ‘‘(f) CONDITIONS WITH RESPECT TO CERTAIN LOW-
12 RATE INITIAL PRODUCTION.—
13 ‘‘(1) IN GENERAL.—The number of low-rate
14 initial production lots associated with a major de-
15 fense acquisition program may not be more than one
16 if—
17 ‘‘(A) the milestone decision authority au-
18 thorizes the use of a fixed-price type contract at
19 the time of a decision on Milestone B approval;
20 and
21 ‘‘(B) the scope of the work of the fixed-
22 price type contract includes both the develop-
23 ment and low-rate initial production of items
24 for such major defense acquisition program.
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1 ‘‘(2) WAIVER.—The limitation in paragraph (1)
2 may be waived by the applicable service acquisition
3 executive or a designee of such executive if—
4 ‘‘(A) such waiver authority is not delegated
5 to the level of the contracting officer; and
6 ‘‘(B) written notification of a granted
7 waiver, including the associated rationale, is
8 provided to the congressional defense commit-
9 tees not later than 30 days after issuance of the
10 waiver.
11 ‘‘(3) DEFINITIONS.—In this subsection:
12 ‘‘(A) The term ‘low-rate initial production’
13 has the meaning given under section 4231 of
15 ‘‘(B) The term ‘milestone decision author-
16 ity’ has the meaning given in section 4211 of
18 ‘‘(C) The term ‘major defense acquisition
19 program’ has the meaning given in section 4201
21 ‘‘(D) The term ‘Milestone B approval’ has
22 the meaning given in section 4172(e) of title
23 10, United States Code.’’.
24 (b) MODIFICATION OF REGULATIONS.—Not later
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1 the Secretary of Defense shall revise the Department of
2 Defense Supplement to the Federal Acquisition Regula-
3 tion and any applicable regulations regarding the use of
4 fixed-price type contracts for a major defense acquisition
5 program (as defined in section 4201 of title 10, United
6 States Code) to carry out this section and the amendments
7 made by this section.
8 SEC. 809. ACQUISITION REPORTING SYSTEM.
9 (a) IN GENERAL.—The Secretary of Defense shall in-

10 stitute a defense acquisition reporting system to replace
11 the requirements of section 4351 of title 10, United States
12 Code, as soon as practicable but not later than June 30,
13 2023.
14 (b) ELEMENTS.—The reporting system required
15 under subsection (a) shall—
16 (1) produce the information necessary to carry
17 out the actions specified in chapter 325 of title 10,
19 (2) produce the information necessary to carry
20 out the actions specified in sections 4217 and 4311
21 of the Atomic Energy Defense Act (50 U.S.C. 2537,
22 2577);
23 (3) incorporate—
24 (A) the lessons learned from the dem-
25 onstration carried out under subsection (b) of
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1 section 805 of the National Defense Authoriza-
3 117–81; 135 Stat. 1816); and
4 (B) the plans required under subsection (c)
5 of such section (Public Law 117–81; 135 Stat.
6 1817);
7 (4) provide the congressional defense commit-
8 tees and other designated Government entities with
9 access to acquisition reporting that is updated on a
10 not less than quarterly basis; and
11 (5) include such other information and func-
12 tions as the Secretary of Defense determines appro-
13 priate to support the acquisition reporting needs of
15 (c) CONFORMING AMENDMENTS.—The Atomic En-
16 ergy Defense Act (50 U.S.C. 2501 et seq.) is amended—
17 (1) in section 4217(a)(2), by inserting ‘‘or any
18 successor system,’’ after ‘‘United States Code,’’; and
19 (2) in section 4311(a)(2), by inserting ‘‘or any
20 successor system,’’ after ‘‘United States Code,’’.
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1 Subtitle B—Amendments to Gen-
2 eral Contracting Authorities,
3 Procedures, and Limitations
4 SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATE-
5 RIALS OF ENHANCED REPORTING ON PRO-
6 POSED CANCELLATIONS AND MODIFICA-
7 TIONS TO MULTIYEAR CONTRACTS.
8 Section 239c(b) of title 10, United States Code, is

9 amended—
10 (1) by redesignating paragraphs (1) through
11 (4) as paragraphs (2) through (5), respectively; and
12 (2) by inserting before paragraph (2), as so re-
13 designated, the following new paragraph:
14 ‘‘(1) A detailed explanation of the rationale for
15 the proposed cancellation or covered modification of
16 the multiyear contract.’’.
17 SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF AC-
18 QUISITION PROGRAMS AND RELATED EF-
19 FORTS.

22 (1) in the section heading, by striking ‘‘initia-
23 tives’’ and inserting ‘‘efforts’’;
24 (2) by striking ‘‘initiatives’’ each place it ap-
25 pears and inserting ‘‘efforts’’;
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1 (3) in subsection (a), by striking ‘‘through
2 2023’’ and inserting ‘‘through 2026’’; and
3 (4) in subsection (c), in the subsection heading,
4 by striking ‘‘INITIATIVES’’ and inserting ‘‘EF-
5 FORTS’’.

8 Code, is amended in the item relating to section 3072 by
9 striking ‘‘initiatives’’ and inserting ‘‘efforts’’.
10 SEC. 813. EXTENSION OF DEFENSE MODERNIZATION AC-
11 COUNT AUTHORITY.

13 amended by striking subsection (j).
14 SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CON-
15 TRACT REFERENCES.
16 (a) AUTHORITY TO ACQUIRE INNOVATIVE COMMER-

17 CIAL PRODUCTS AND COMMERCIAL SERVICES USING
18 GENERAL SOLICITATION COMPETITIVE PROCEDURES.—
19 Section 3458(c)(2) of title 10, United States Code, is
20 amended by striking ‘‘fixed-price incentive fee contracts’’
21 and inserting ‘‘fixed-price incentive contracts’’.
22 (b) CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS
23 AND IMPROVE MISSION PERFORMANCE.—Section 832 of
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1 amended by striking ‘‘fixed-price incentive fee contracts’’
2 and inserting ‘‘fixed-price incentive contracts’’.
3 SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN
4 CONNECTION WITH REQUESTS FOR
5 MULTIYEAR PROCUREMENT AUTHORITY FOR
6 LARGE DEFENSE ACQUISITIONS.
7 Section 3501(i)(2) of title 10, United States Code,

8 is amended—
9 (1) by striking ‘‘shall include’’ and all that fol-
10 lows through ‘‘(A) A report’’ and inserting ‘‘shall in-
11 clude in the request a report’’; and
12 (2) by striking subparagraph (B).
13 SEC. 816. MODIFICATION OF PROVISION RELATING TO DE-
14 TERMINATION OF CERTAIN ACTIVITIES WITH
15 UNUSUALLY HAZARDOUS RISKS.

18 ed—
19 (1) in subsection (a), by striking ‘‘2022 and
20 2023’’ and inserting ‘‘2022 through 2024’’; and
21 (2) in subsection (b), by striking ‘‘September
22 30, 2023’’ and inserting ‘‘September 30, 2024’’.
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1 SEC. 817. MODIFICATION TO PROHIBITION ON OPERATION
2 OR PROCUREMENT OF FOREIGN-MADE UN-
3 MANNED AIRCRAFT SYSTEMS.
4 (a) IN GENERAL.—Section 848 of the National De-

7 (1) by redesignating subsections (b), (c), and
8 (d) as subsections (c), (d), and (e), respectively;
9 (2) by inserting after subsection (a) the fol-
11 ‘‘(b) PROHIBITION ON CERTAIN CONTRACTS.—The
12 Secretary of Defense may not enter into a contract (or
13 extend or renew a contract) on or after October 1, 2024,
14 with an entity that operates (as determined by the Sec-
15 retary or the Secretary’s designee) equipment from a cov-
16 ered unmanned aircraft system company in the perform-
17 ance of a Department of Defense contract.’’;
18 (3) in subsection (c) (as so redesignated), by
19 striking ‘‘the restriction under subsection (a) if the
20 operation or procurement’’ and inserting ‘‘any re-
21 strictions under subsection (a) or (b) if the oper-
22 ation, procurement, or contracting action’’;
23 (4) in subsection (d) (as so redesignated)—
24 (A) by inserting ‘‘(or the Secretary’s des-
25 ignee)’’ after ‘‘The Secretary of Defense’’;
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1 (B) by striking ‘‘the restriction’’ and all
2 that follows through ‘‘basis’’ inserting ‘‘any re-
3 strictions under subsections (a) or (b)’’; and
4 (C) by striking ‘‘operation or procure-
5 ment’’ and inserting ‘‘operation, procurement,
6 or contracting action’’; and
7 (5) in subsection (e) (as so redesignated)—
8 (A) by amending paragraph (1) to read as
9 follows:
10 ‘‘(1) COVERED FOREIGN COUNTRY.—The term
11 ‘covered foreign country’ means any of the following:
12 ‘‘(A) the People’s Republic of China.
13 ‘‘(B) The Russian Federation.
14 ‘‘(C) The Islamic Republic of Iran.
15 ‘‘(D) The Democratic People’s Republic of
16 Korea.’’; and
18 paragraph:
19 ‘‘(3) COVERED UNMANNED AIRCRAFT SYSTEM
20 COMPANY.—The term ‘covered unmanned aircraft

21 system company’ means any of the following:
22 ‘‘(A) Da-Jiang Innovations (or any sub-
23 sidiary or affiliate of Da-Jiang Innovations).
24 ‘‘(B) Any entity that produces or provides
25 unmanned aircraft systems and is included on
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1 Consolidated Screening List maintained by the
2 International Trade Administration of the De-
3 partment of Commerce.
4 ‘‘(C) Any entity that produces or provides
5 unmanned aircraft systems and—
6 ‘‘(i) is domiciled in a covered foreign
7 country; or
8 ‘‘(ii) is subject to unmitigated foreign
9 ownership, control or influence by a cov-
10 ered foreign country, as determined by the
11 Secretary of Defense unmitigated foreign
12 ownership, control or influence in accord-
13 ance with the National Industrial Security
14 Program (or any successor to such pro-
15 gram).’’.
16 (b) POLICY REQUIRED.—Not later than 180 days
18 of Defense shall issue policy to—
19 (1) implement the requirements of section 848
22 note), as amended by this section, including by es-
23 tablishing a due diligence process for the Depart-
24 ment of Defense to make determinations required by
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1 subsection (b) of such section 848 (as amended by
2 this section); and
3 (2) establish an appeal process for any offerors
4 or awardees with which the Secretary has not en-
5 tered into a contract or has not extended or renewed
6 a contract pursuant to subsection (b) of such section
7 848 (as amended by this section).
8 SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE
9 CONTRACTING AND PRICING PROCESSES.

12 232), as most recently amended by section 1831(j)(7) of
13 the William M. (Mac) Thornberry National Defense Au-
15 238; 134 Stat. 4217), is further amended—
16 (1) in subsection (a)(2), by striking ‘‘of’’ before
17 ‘‘chapter 271’’; and
18 (2) in subsection (c), by striking ‘‘January 2,
19 2023’’ and inserting ‘‘January 2, 2024’’.
20 SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBU-
21 TION SUPPORT AND SERVICES FOR WEAPONS
22 SYSTEMS CONTRACTORS.

25 4292 note prec.) is amended—
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1 (1) in subsection (a), by striking ‘‘six-year pilot
2 program’’ and inserting ‘‘seven-year pilot program’’;
3 and
4 (2) in subsection (g), by striking ‘‘six years’’
5 and inserting ‘‘seven years’’.
6 SEC. 820. EXTENSION AND MODIFICATION OF NEVER CON-
7 TRACT WITH THE ENEMY.
8 Subtitle E of title VIII of the Carl Levin and Howard

9 P. ‘‘Buck’’ McKeon National Defense Authorization Act
10 for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C.
11 4871 note prec.) is amended—
13 (A) in subsection (i)(1)—
15 graph (A), by striking ‘‘2016, 2017, and
16 2018’’ and inserting ‘‘2023, and annually
17 thereafter’’; and
18 (ii) by adding at the end the following
19 new subparagraphs:
20 ‘‘(C) Specific examples where the authori-
21 ties under this section can not be used to miti-
22 gate national security threats posed by vendors
23 supporting Department operations because of
24 the restriction on using such authorities only
25 with respect to contingency operations.
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1 ‘‘(D) A description of the policies ensuring
2 that oversight of the use of the authorities in
3 this section is effectively carried out by a single
4 office in the Office of the Under Secretary of
5 Defense for Acquisition and Sustainment.’’; and
6 (B) in subsection (n), by striking ‘‘Decem-
7 ber 31, 2023’’ and inserting ‘‘December 31,
8 2025’’; and
9 (2) in section 842(b)(1), by striking ‘‘2016,
10 2017, and 2018’’ and inserting ‘‘2023, 2024, and
11 2025’’.
12 SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GEN-
13 ERAL OF THE DEPARTMENT OF DEFENSE TO
14 CONDUCT CERTAIN REVIEWS.

18 (1) by striking ‘‘REQUIREMENT.—’’ and all that
19 follows through ‘‘Each request’’ and inserting ‘‘RE-
20 QUIREMENT.—Each request’’; and
21 (2) by striking paragraph (2).
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1 SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EX-
2 TRAORDINARY RELIEF DUE TO INFLATION
3 IMPACTS.
4 (a) CONTRACT MODIFICATION AUTHORITY.—The

5 first section of Public Law 85–804 (50 U.S.C. 1431) is
6 amended—
7 (1) by striking ‘‘That the President’’ and in-
8 serting the following:
9 ‘‘SECTION 1. (a) That the President’’;
10 (2) by striking ‘‘an amount in excess of
11 $50,000’’ and inserting ‘‘an amount in excess of
12 $500,000’’;
13 (3) by striking ‘‘any amount in excess of
14 $25,000,000’’ and inserting ‘‘an amount in excess of
15 $150,000,000’’; and
16 (4) by inserting after subsection (a) (as added
17 by paragraph (1)) the following new subsections:
18 ‘‘(b) TEMPORARY AUTHORITY TO MODIFY CERTAIN
19 CONTRACTS AND OPTIONS BASED ON THE IMPACTS OF
20 INFLATION.—Only amounts specifically provided by an

21 appropriations Act for the purposes detailed in subsections
22 (c) and (d) of this section may be used by the Secretary
23 of Defense to carry out such subsections.
24 ‘‘(c)(1) The Secretary of Defense, acting pursuant to
25 a Presidential authorization under subsection (a) and in
26 accordance with subsection (b)—
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1 ‘‘(A) may, notwithstanding subsection (e) of
2 section 2 of this Act (50 U.S.C. 1432(e)), make an
3 amendment or modification to an eligible contract
4 when, due solely to economic inflation, the cost to a
5 prime contractor of performing such eligible contract
6 is greater than the price of such eligible contract;
7 and
8 ‘‘(B) may not request consideration from such
9 prime contractor for such amendment or modifica-
10 tion.
11 ‘‘(2) A prime contractor may submit to the Secretary
12 of Defense a request for an amendment or modification
13 to an eligible contract pursuant to subsection (a) when,
14 due solely to economic inflation, the cost to a covered sub-
15 contractor of performing an eligible subcontract is greater
16 than the price of such eligible subcontract. Such request
17 shall include a certification that the prime contractor—
18 ‘‘(A) will remit to such covered subcontractor
19 the difference, if any, between the original price of
20 such eligible contract and the price of such eligible
21 contract if the Secretary of Defense makes an
22 amendment or modification pursuant to subsection
23 (a); and
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1 ‘‘(B) will not require such covered subcon-
2 tractor to pay additional consideration or fees re-
3 lated to such amendment or modification.
4 ‘‘(3) If a prime contractor does not make the request
5 described in paragraph (2), a covered subcontractor may
6 submit to a contracting officer of the Department of De-
7 fense a request for an amendment or modification to an
8 eligible subcontract when, due solely to economic inflation,
9 the cost to such covered subcontractor of performing such
10 eligible subcontract is greater than the price of such eligi-
11 ble subcontract.
12 ‘‘(d) Any adjustment or modification made pursuant
13 to subsection (c) to an eligible contract or an eligible sub-
14 contract shall—
15 ‘‘(1) be contingent upon the continued perform-
16 ance, as applicable, of such eligible contract or such
17 eligible subcontract; and
18 ‘‘(2) account only for the actual cost of per-
19 forming such eligible contract or such eligible sub-
20 contract, but may account for indirect costs of per-
21 formance, as the Secretary of Defense determines
22 appropriate.
23 ‘‘(e) The authority under subsections (c) and (d) shall
24 be effective during the period beginning on the date of
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1 the enactment of the National Defense Authorization Act
2 for Fiscal Year 2023 and ending on December 31, 2023.
3 ‘‘(f) In this section:
4 ‘‘(1) The term ‘covered subcontractor’ means a
5 subcontractor who has entered into an eligible sub-
6 contract with a prime contractor.
7 ‘‘(2) The term ‘eligible contract’ means a con-
8 tract awarded to a prime contractor by the Secretary
9 of Defense pursuant to subsection (a).
10 ‘‘(3) The term ‘eligible subcontract’ means a
11 subcontract made under an eligible contract to a
12 covered subcontractor.’’.
13 (b) GUIDANCE.—Not later than 90 days after the
14 date of the enactment of an Act providing appropriations
15 to carry out section 1 of Public Law 85–804 (50 U.S.C.
16 1431) (as added by subsection (a)), the Under Secretary
17 of Defense for Acquisition and Sustainment shall issue
18 guidance implementing the authority under subsections
19 (b) through (d) of section 1 of Public Law 85–804 (50
20 U.S.C. 1431) (as added by subsection (a)).
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1 Subtitle C—Provisions Relating to
2 Acquisition Workforce
3 SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHOR-
4 ITY FOR ACQUISITION WORKFORCE EXCEL-
5 LENCE.
6 (a) PARTICIPATION IN THE PUBLIC-PRIVATE TALENT

7 EXCHANGE PROGRAM.—
8 (1) IN GENERAL.—Section 1701a(b) of title 10,
10 (A) in paragraph (9)(C), by striking ‘‘and’’
11 at the end;
12 (B) in paragraph (10), by striking the pe-
13 riod at the end and inserting ‘‘; and’’; and
15 paragraph:
16 ‘‘(11) ensure the participation in the public-pri-
17 vate talent exchange program established under sec-
18 tion 1599g of this title of up to 250 members of the
19 acquisition workforce in each fiscal year.’’.
20 (2) TECHNICAL AMENDMENT.—Section
21 1701a(b)(2) of title 10, United States Code, is fur-

22 ther amended by striking ‘‘as defined’’ and all that
23 follows through ‘‘this title’’ and inserting ‘‘as defined
24 in section 3001 of this title’’.
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1 (b) ENHANCED PAY AUTHORITY FOR POSITIONS IN
2 DEPARTMENT OF DEFENSE FIELD ACTIVITIES AND DE-

3 FENSE AGENCIES.—Section 1701b(e)(2) of title 10,
5 ‘‘(2) NUMBER OF POSITIONS.—The authority in
6 subsection (a) may not be used at any one time with
7 respect to—
8 ‘‘(A) more than five positions, in total, in
9 Department of Defense Field Activities and De-
10 fense Agencies;
11 ‘‘(B) more than five positions in the Office
12 of the Secretary of Defense; and
13 ‘‘(C) more than five positions in each mili-
14 tary department.’’.
15 (c) REPORT ON PUBLIC-PRIVATE TALENT EX-
16 CHANGES.—Section 1599g of title 10, United States Code,
17 is amended by adding at the end the following new sub-
18 section:
19 ‘‘(k) REPORT.—Each member of the acquisition
20 workforce that participates in the program established
21 under this section shall, upon completion of such partici-
22 pation, submit to the President of the Defense Acquisition
23 University for inclusion in the report required under sec-
24 tion 1746a(e) a description and evaluation of such partici-
25 pation.’’.
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1 SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS.

5 (A) by amending paragraph (2) to read as
6 follows:
7 ‘‘(2) The Secretary of Defense shall ensure the de-
8 fense acquisition university structure includes relevant ex-
9 pert lecturers from extramural institutions (as defined in
10 section 1746a(g) of this title), industry, or federally fund-
11 ed research and development centers to advance acquisi-
12 tion workforce competence regarding commercial business
13 interests, acquisition process-related innovations, and
14 other relevant leading practices of the private sector.’’;
15 (B) by striking paragraph (3); and
16 (C) by redesignating paragraphs (4) and
17 (5) as paragraphs (3) and (4), respectively;
18 (2) in subsection (c), by striking ‘‘commercial
19 training providers’’ and inserting ‘‘extramural insti-
20 tutions (as defined in section 1746a(g) of this
21 title)’’; and
23 section:
24 ‘‘(e) PRESIDENT APPOINTMENT.—(1) The Under
25 Secretary of Defense for Acquisition and Sustainment
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1 shall appoint the President of the Defense Acquisition
2 University.
3 ‘‘(2) When determining who to appoint under para-
4 graph (1), the Under Secretary of Defense for Acquisition
5 and Sustainment shall, in consultation with the Under
6 Secretary of Defense for Research and Engineering and
7 the service acquisition executives, prioritize highly quali-
8 fied candidates who demonstrate a combination of the fol-
9 lowing:
10 ‘‘(A) Leadership abilities.
11 ‘‘(B) Experience using leading practices to de-
12 velop talent in the private sector.
13 ‘‘(C) Other qualifying factors, including experi-
14 ence with and an understanding of the defense ac-
15 quisition system (as defined in section 3001 of this
16 title), an understanding of emerging technologies
17 and the defense applications of such technologies,
18 experience partnering with States, national associa-
19 tions, and academia, and experience with learning
20 technologies.
21 ‘‘(3) The term of the President of the Defense Acqui-
22 sition University shall be not more than five years, unless
23 the Under Secretary of Defense for Acquisition and
24 Sustainment determines it necessary to extend the term
25 for up to an additional five years. The preceding sentence
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1 does not apply to the President of the Defense Acquisition
2 University serving on January 1, 2022.’’.
3 (b) IMPLEMENTATION REPORT.—Not later than
4 March 1, 2023, the Secretary of Defense shall submit to
5 the congressional defense committees a plan to modify the
6 defense acquisition university structure to comply with
7 section 1746(b)(2) of title 10, United States Code, as
8 amended by subsection (a). Such plan shall establish a
9 date of not later than March 1, 2026, for such modifica-
10 tion to be completed.
11 SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING
12 CORPS.
13 Section 2200g of title 10, United States Code, is

14 amended—
15 (1) by striking ‘‘For the purposes of’’ and all
16 that follows through ‘‘establish and maintain’’ and
17 inserting the following: ‘‘The Secretary of Defense,
18 acting through the Under Secretary for Defense for
19 Acquisition and Sustainment, shall establish and
20 maintain’’;
21 (2) by designating the text of such section, as
22 amended by paragraph (1), as subsection (a); and
24 sections:
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1 ‘‘(b) PURPOSE.—The purpose of the Defense Civilian
2 Training Corps is to target critical skills gaps necessary
3 to achieve the objectives of the national defense strategies
4 required by section 113(g) of this title and the national
5 security strategies required by section 108 of the National
6 Security Act of 1947 (50 U.S.C. 3043) by preparing stu-
7 dents selected for the Defense Civilian Training Corps for
8 Department of Defense careers relating to acquisition,
9 digital technologies, critical technologies, science, engi-
10 neering, finance, and other civilian occupations deter-
11 mined by the Secretary of Defense.
12 ‘‘(c) USE OF RESOURCES AND PROGRAMS.—The
14 Sustainment may leverage the resources and programs of
15 the acquisition research organization within a civilian col-
16 lege or university that is described under section 4142(a)
17 of this title (commonly referred to as the ‘Acquisition In-
18 novation Research Center’) to carry out the requirements
19 of this chapter.’’.
20 SEC. 834. ACQUISITION WORKFORCE INCENTIVES RELAT-
21 ING TO TRAINING ON, AND AGREEMENTS
22 WITH, CERTAIN START-UP BUSINESSES.
23 (a) TRAINING.—
24 (1) CURRICULA.—Not later than one year after
25 the date of the enactment of this Act, the Director
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1 of the Acquisition Innovation Research Center shall
2 make recommendations on one or more curricula for
3 members of the acquisition workforce on financing
4 and operations of start-up businesses, which may in-
5 clude the development of new curricula, the modi-
6 fication of existing curricula, or the adoption of cur-
7 ricula from another agency, academia, or the private
8 sector.
9 (2) ELEMENTS.—Courses under curricula rec-
10 ommended under paragraph (1) shall be offered with
11 varying course lengths and level of study.
12 (3) INCENTIVES.—The Secretary of Defense
13 shall develop a program to offer incentives to a
14 member of the acquisition workforce that completes
15 a curriculum developed, modified, or adopted under
16 paragraph (1).
17 (4) ADDITIONAL TRAINING MATERIALS.—In
18 recommending curricula under paragraph (1), the

19 Director of the Acquisition Innovation Research
20 Center shall consider and incorporate appropriate
21 training materials from university, college, trade-
22 school, or private-sector curricula in business, law,
23 or public policy.
24 (b) EXCHANGES.—
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2 shall establish a pilot program under which the Sec-
3 retary shall, in accordance with section 1599g of
4 title 10, United States Code, arrange for the tem-
5 porary assignment of—
6 (A) one or more members of the acquisi-
7 tion workforce to a start-up business; or
8 (B) an employee of a start-up business to
9 an office of the Department of Defense.
10 (2) PRIORITY.—The Secretary shall prioritize
11 for participation in the pilot program described
12 under paragraph (1)(A) members of the acquisition
13 workforce who have completed a curriculum required
15 (3) TERMINATION.—The Secretary may not
16 carry out the pilot program authorized by this sub-
17 section after the date that is three years after the
18 date of the enactment of this Act.
19 (c) CONFERENCES.—The Secretary of Defense shall
20 identify existing conferences sponsored by the Department
21 of Defense that might be expanded to include opportuni-
22 ties for sharing knowledge and best practices on software
23 acquisition issues. Such opportunities shall maximize par-
24 ticipation between members of the acquisition workforce,
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1 employees of start-up businesses, and investors in start-
2 up businesses.
3 (d) PILOT PROGRAM.—
4 (1) ESTABLISHMENT.—Not later than 18
5 months after the date of the enactment of this Act,
6 the Secretary of Defense shall establish a pilot pro-
7 gram to test the feasibility of innovative approaches
8 to negotiating and establishing intellectual property
9 and data rights in agreements with start-up busi-
10 nesses for the procurement of software and software-
11 embedded systems.
12 (2) AUTHORITY.—To the maximum extent
13 practicable, the Secretary shall—
14 (A) ensure that a member of the acquisi-
15 tion workforce who has completed a curriculum
16 required under subsection (a) is able to exercise
17 authority to apply an approach described in
19 (B) provide incentives to such member to
20 exercise such authority.
21 (3) ELEMENTS.—An approach described in
23 (A) Flexible and tailored requirements re-
24 lating to the acquisition and licensing of intel-
25 lectual property and data rights in the software
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1 and software-embedded systems to be acquired
2 under the agreement.
3 (B) An identification and definition of the
4 technical interoperability standards required for
5 such software and software-embedded systems.
6 (C) Flexible mechanisms for access and de-
7 livery of code for such software, including docu-
8 mentation of the costs and benefits of each such
9 mechanism.
10 (4) TERMINATION.—The Secretary may not
11 carry out the pilot program authorized by this sub-
12 section after the date that is 5 years after the date
15 (1) The term ‘‘Acquisition Innovation Research
16 Center’’ means the acquisition research organization
17 within a civilian college or university that is de-
18 scribed under section 4142(a) of title 10, United
19 States Code.
20 (2) The term ‘‘acquisition workforce’’ has the
21 meaning given in section 101 of title 10, United
22 States Code.
23 (3) The term ‘‘start-up business’’ means a
24 small business that has been in existence for 5 years
25 or less.
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1 SEC. 835. CURRICULA ON SOFTWARE ACQUISITIONS AND
2 CYBERSECURITY SOFTWARE OR HARDWARE
3 ACQUISITIONS FOR COVERED INDIVIDUALS.
4 (a) CURRICULA.—The President of the Defense Ac-

5 quisition University, shall supplement existing training
6 curricula related to software acquisitions and cybersecu-
7 rity software or hardware acquisitions and offer such cur-
8 ricula to covered individuals to increase digital literacy re-
9 lated to such acquisitions by developing the ability of such
10 covered individuals to use technology to identify, critically
11 evaluate, and synthesize data and information related to
12 such acquisitions.
13 (b) ELEMENTS.—Curricula developed pursuant to
14 subsection (a) shall provide information on—
15 (1) cybersecurity, information technology sys-
16 tems, computer networks, cloud computing, artificial
17 intelligence, machine learning, distributed ledger
18 technologies, and quantum technologies;
19 (2) cybersecurity threats and capabilities;
20 (3) activities that encompass the full range of
21 threat reduction, vulnerability reduction, deterrence,
22 incident response, resiliency, and recovery policies
23 and activities, including activities relating to com-
24 puter network operations, information assurance,
25 military missions, and intelligence missions to the
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1 extent such activities relate to the security and sta-
2 bility of cyberspace; and
3 (4) the industry best practices relating to soft-
4 ware acquisitions and cybersecurity software or
5 hardware acquisitions.
6 (c) PLAN.—Not later than 180 days after enactment
7 of this Act, the Secretary of Defense, in consultation with
8 the President of the Defense Acquisition University, shall
9 submit to Congress a comprehensive plan to implement
10 the curricula developed under subsection (a) that includes
11 a comparison with similar existing training curricula. Such
12 plan shall include a list of resources required for and costs
13 associated with such implementation, including—
14 (1) curriculum development;
15 (2) hiring instructors to teach the curriculum;
16 (3) facilities; or
17 (4) website development.
18 (d) IMPLEMENTATION.—Not later than one year
19 after the date on which the plan described in subsection
20 (d) is submitted to the Committees on Armed Services of
21 the Senate and House of Representatives, the President
22 of the Defense Acquisition University shall offer the cur-
23 ricula developed under subsection (a) to covered individ-
24 uals.
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1 (e) REPORT.—Not later than one year after the date
2 on which the plan described in subsection (d) is submitted
4 House of Representatives, the Secretary of Defense, in
5 consultation with the President of the Defense Acquisition
6 University, shall submit to Congress a report assessing the
7 costs and benefits of requiring all covered individuals to
8 complete the curricula developed under subsection (a).
9 (f) COVERED INDIVIDUALS DEFINED.—In this sec-
10 tion, the term ‘‘covered individuals’’ means an individual
11 serving in a position designated under section 1721(b) of
12 title 10, United States Code, who is regularly consulted
13 for software acquisitions or cybersecurity software or
14 hardware acquisitions.
15 SEC. 836. DEPARTMENT OF DEFENSE NATIONAL IMPERA-
16 TIVE FOR INDUSTRIAL SKILLS PROGRAM.
17 (a) IN GENERAL.—The Secretary of Defense, acting

18 through the Industrial Base Analysis and Sustainment
19 program of the Department of Defense, shall evaluate and
20 further develop workforce development training programs
21 (as defined by the Secretary of Defense) for training the
22 skilled industrial workers (as defined by the Secretary of
23 Defense) that are needed in the defense industrial base
24 through the National Imperative for Industrial Skills pro-
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1 gram of the Department of Defense (or a successor pro-
2 gram).
3 (b) PRIORITIES.—In carrying out this section, the
4 Secretary shall prioritize workforce development training
5 programs that—
6 (1) are innovative, lab-based, or experientially-
7 based;
8 (2) rapidly train skilled industrial workers for
9 employment with entities in the defense industrial
10 base faster than traditional workforce development
11 training programs and at the scale needed to meas-
12 urably reduce, as rapidly as possible, the shortages
13 of skilled industrial workers in the defense industrial
14 base, including modernization of required equipment
15 and training curricula;
16 (3) recruit skilled industrial workers who are
17 manufacturing workers from underrepresented com-
18 munities;
19 (4) provide students and skilled industrial
20 workers with the support needed to successfully par-
21 ticipate in the defense industrial base;
22 (5) address the specific manufacturing require-
23 ments and skills that are unique to critical industrial
24 sectors of the defense industrial base as defined by
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1 the Secretary of Defense, such as naval shipbuilding;
2 and
3 (6) with respect to Federal workforce develop-
4 ment training programs in existence on or before the
5 date of the enactment of this Act—
6 (A) maximize the use of such Federal
7 workforce development training programs; or
8 (B) expand on the activities of such Fed-
9 eral workforce development training programs.
10 Subtitle D—Provisions Relating to
11 Software and Technology
12 SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISI-
13 TION OR LICENSING OF INTELLECTUAL
14 PROPERTY.

16 amended—
17 (1) in the section heading, by striking ‘‘depart-
18 ment of defense’’ and inserting ‘‘Department of De-
19 fense’’; and
21 section:
22 ‘‘(c) GUIDELINES AND RESOURCES.—
23 ‘‘(1) IN GENERAL.—The Secretary of Defense,
24 acting through the Under Secretary of Defense for
25 Acquisition and Sustainment, shall develop guide-
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1 lines and resources on the acquisition or licensing of
2 intellectual property, including—
3 ‘‘(A) intellectual property strategies and
4 other mechanisms supporting the use of mod-
5 ular open system approaches (as defined in sec-
6 tion 4401(b) of this title);
7 ‘‘(B) evaluation and negotiation of intellec-
8 tual property licenses in competitive and non-
9 competitive awards;
10 ‘‘(C) models and best practices for spe-
11 cially negotiated licenses, including specially ne-
12 gotiated licenses described in section 3774(c) of
13 this title; and
14 ‘‘(D) definitions, key terms, examples, and
15 case studies that clarify differences between—
16 ‘‘(i) detailed manufacturing and proc-
17 ess data;
18 ‘‘(ii) form, fit, and function data;
19 ‘‘(iii) data required for operations,
20 maintenance, installation, and training;
21 ‘‘(iv) modular system interfaces (as
22 defined in section 4401(b) of this title);
23 and
24 ‘‘(v) technical data pertaining to an
25 interface between an item or process and
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1 other items or processes necessary for the
2 segregation of an item or process from, or
3 the reintegration of that item or process
4 (or a functionally equivalent item or proc-
5 ess) with, other items or processes.
6 ‘‘(2) GUIDELINES AND RESOURCES LIMIT.—
7 The guidelines and resources developed under para-

8 graph (1) may not alter or affect any authority or
9 duty under this section or section 1707 of this title.
10 ‘‘(3) REVIEW AND CONSULTATION.—In devel-
11 oping the guidelines and resources described in para-
12 graph (1), the Secretary shall—
13 ‘‘(A) review the applicable statutory and
14 regulatory history, including among the defini-
15 tions and key terms in section 3771 of this
16 title, to ensure consistency; and
17 ‘‘(B) regularly consult with appropriate
18 government and industry persons and organiza-
19 tions.
20 ‘‘(4) TRAINING.—The Secretary of Defense
21 shall ensure that the acquisition workforce receives
22 training on the guidelines and resources developed
23 under paragraph (1).’’.
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1 SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPART-
2 MENT OF DEFENSE TO CARRY OUT CERTAIN
3 PROTOTYPE PROJECTS.

5 amended—
7 (A) by striking ‘‘, and any follow-on pro-
8 duction contract or transaction that is awarded
9 pursuant to subsection (f),’’ both places it ap-
10 pears;
11 (B) in subparagraph (A)(ii), by striking ‘‘;
13 (C) in subparagraph (B)(ii), by striking
14 the period at the end and inserting ‘‘; and’’;
15 and
17 subparagraph:
18 ‘‘(C) may be exercised for a transaction for a
19 follow-on production contract or transaction that is
20 awarded pursuant to subsection (f) and expected to
21 cost the Department of Defense in excess of
22 $100,000,000 (including all options) only if a cov-
23 ered official—
24 ‘‘(i) determines in writing that—
25 ‘‘(I) the requirements of subsection
26 (d) will be met; and
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1 ‘‘(II) the use of the authority of this
2 section is essential to meet critical national
3 security objectives; and
4 ‘‘(ii) notifies the congressional defense
5 committees in writing of the determinations re-
6 quired under clause (i) at the time such author-
7 ity is exercised.’’;
11 (B) by inserting before paragraph (2), as
12 redesignated by subparagraph (A), the following
13 new paragraph:
14 ‘‘(1) The term ‘covered official’ means—
15 ‘‘(A) a service acquisition executive;
16 ‘‘(B) the Director of the Defense Advanced
17 Research Projects Agency;
18 ‘‘(C) the Director of the Missile Defense
19 Agency;
20 ‘‘(D) the Undersecretary of Defense for
21 Acquisition and Sustainment; or
22 ‘‘(E) the Undersecretary of Defense for
23 Research and Engineering.’’; and
24 (C) by inserting after paragraph (2), as so
25 redesignated, the following new paragraph:
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1 ‘‘(3) The term ‘service acquisition executive’
2 has the meaning given that term in section 101(a)
3 of this title.’’; and
4 (3) in subsection (f)(2), in the matter preceding
5 subparagraph (A), by striking ‘‘of section 2304 of
6 this title,’’ and inserting the following: ‘‘of chapter
7 221 of this title and even if explicit notification was
8 not listed within the request for proposal for the
9 transaction’’.
10 SEC. 843. OTHER TRANSACTION AUTHORITY CLARIFICA-
11 TION.

13 amended by section 842, is further amended—
14 (1) in subsection (a)(1), by striking ‘‘military
15 personnel and the supporting’’ and inserting ‘‘per-
16 sonnel of the Department of Defense or improving’’;
19 ‘‘(5) The term ‘prototype project’ includes a
20 project that addresses—
21 ‘‘(A) a proof of concept, model, or process,
22 including a business process;
23 ‘‘(B) reverse engineering to address obso-
24 lescence;
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1 ‘‘(C) a pilot or novel application of com-
2 mercial technologies for defense purposes;
3 ‘‘(D) agile development activity;
4 ‘‘(E) the creation, design, development, or
5 demonstration of operational utility; or
6 ‘‘(F) any combination of subparagraphs
7 (A) through (E).’’; and
9 section:
10 ‘‘(i) PILOT AUTHORITY FOR USE OF OTHER TRANS-
11 ACTIONS FOR INSTALLATION OR FACILITY PROTO-
12 TYPING.—

14 or the Secretary of a military department may es-
15 tablish a pilot program under which the Secretary
16 may, under the authority of this section, carry out
17 prototype projects that are directly relevant to en-
18 hancing the ability of the Department of Defense to
19 prototype the design, development, or demonstration
20 of new construction techniques or technologies to im-
21 prove military installations or facilities (as such
22 terms are defined in section 2801 of this title).
23 ‘‘(2) LIMITS.—In carrying out prototype
24 projects under the pilot program established under
25 paragraph (1)—
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1 ‘‘(A) not more than two prototype projects
2 may begin to be carried out per fiscal year
3 under such pilot program; and
4 ‘‘(B) the aggregate value of all trans-
5 actions entered into under such pilot program
6 may not exceed $200,000,000.
7 ‘‘(3) SUNSET.—
8 ‘‘(A) IN GENERAL.—Except as provided in
9 subparagraph (B), the authority to carry out
10 prototype projects under the pilot program es-
11 tablished under paragraph (1) shall terminate
12 on September 30, 2025.
13 ‘‘(B) ONGOING PROJECT EXCEPTION.—
14 Subparagraph (A) shall not apply with respect

15 to prototype projects being carried out under
16 the pilot program established under paragraph
17 (1) on the date described in subparagraph
18 (A).’’.
19 SEC. 844. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVE-
20 MENTS.

22 amended—
24 (A) by striking ‘‘that have’’ and inserting
25 ‘‘that—’’
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1 ‘‘(1) have’’;
2 (B) by striking ‘‘Defense.’’ and inserting
3 ‘‘Defense; or’’; and
5 paragraph:
6 ‘‘(2) demonstrate management practices that
7 improve the schedule or performance, reduce the
8 costs, or otherwise support the transition of tech-
9 nology into acquisition programs or operational
10 use.’’;
11 (2) in subsection (b), by striking ‘‘of research
12 results, technology developments, and prototypes’’;
13 (3) in subsection (d), by striking ‘‘to acquire,
14 support, or stimulate basic, advanced and applied re-
15 search, technology development, or prototype
16 projects’’;
17 (4) in subsection (f), by striking ‘‘section 2304’’
18 and inserting ‘‘chapter 221’’; and
19 (5) in subsection (g)(2)—
20 (A) by redesignating subparagraphs (B)
21 and (C) as subparagraphs (D) and (E), respec-
22 tively; and
23 (B) by inserting after subparagraph (A)
24 the following new subparagraphs:
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1 ‘‘(B) if applicable, a summary of the man-
2 agement practice that contributed to an im-
3 provement to schedule or performance or a re-
4 duction in cost relating to the transition of
5 technology;
6 ‘‘(C) an identification of any program exec-
7 utive officer (as defined in section 1737 of this
8 title) responsible for implementation or over-
9 sight of research results, technology develop-
10 ment, prototype development, or management
11 practices (as applicable) for which an award
12 was made under this section, and a brief sum-
13 mary of lessons learned by such program execu-
14 tive officer in carrying out such implementation
15 or oversight;’’.
16 SEC. 845. CONGRESSIONAL NOTIFICATION FOR PILOT PRO-
17 GRAM TO ACCELERATE THE PROCUREMENT
18 AND FIELDING OF INNOVATIVE TECH-
19 NOLOGIES.

22 1835; 10 U.S.C. 4061 note) is amended—
23 (1) by redesignating subsection (f) as sub-
24 section (g); and
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3 ‘‘(f) CONGRESSIONAL NOTIFICATION.—The Sec-
4 retary of Defense shall notify the congressional defense
5 committees within 30 days after funding has been pro-
6 vided for a proposal selected for an award under the pilot
7 program established under this section.’’.
8 SEC. 846. REPORT ON SOFTWARE DELIVERY TIMES.

10 of the enactment of this Act, and annually thereafter until
11 December 31, 2028, the Under Secretary of Defense for
12 Acquisition and Sustainment, in consultation with the
13 Chief Information Officer of the Department of Defense
14 and the Chief Digital and Artificial Intelligence Officer,
16 port on the following:
17 (1) A description of covered software delivered
18 during the fiscal year preceding the date of the re-
19 port that is being developed using iterative develop-
20 ment, including a description of the capabilities de-
21 livered for operational use.
22 (2) For such covered software not developed
23 using iterative development, an explanation for not
24 using iterative development and a description of the
25 development method used.
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1 (3) For such covered software being developed
2 using iterative development, the frequency with
3 which capabilities of such covered software were de-
4 livered, disaggregated as follows:
5 (A) Covered software for which capabilities
6 were delivered during period of less than three
7 months.
8 (B) Covered software for which capabilities
9 were delivered during period of more than three
10 months and less than six months.
11 (C) Covered software for which capabilities
12 were delivered during period of more than six
13 months and less than nine months.
14 (D) Covered software for which capabilities
15 were delivered during period of more than nine
16 months and less than 12 months.
17 (4) With respect to covered software described
18 in paragraph (3) for which capabilities of such cov-
19 ered software were not delivered in fewer than 12
20 months, an explanation of why such delivery was not
21 possible.
23 (1) The term ‘‘Chief Digital and Artificial Intel-
24 ligence Officer’’ means—
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1 (A) the official designated as the Chief
2 Digital and Artificial Intelligence Officer of the
3 Department of Defense pursuant to the memo-
4 randum of the Secretary of Defense titled ‘‘Es-
5 tablishment of the Chief Digital and Artificial
6 Intelligence Officer’’ dated December 8, 2021;
7 or
8 (B) if there is no official designated as
9 such Officer, the official within the Office of the
10 Secretary of Defense with primary responsi-
11 bility for digital and artificial intelligence mat-
12 ters.
13 (2) The term ‘‘covered software’’ means soft-
14 ware that is being developed that—
15 (A) was acquired using a software acquisi-
16 tion pathway established under section 800 of
18 cal Year 2020 (Public Law 116–92); or
19 (B) is a covered defense business system,
20 as defined in section 2222(i) of title 10, United
21 States Code.
22 (3) The term ‘‘iterative development’’ has the
23 meaning given the term ‘‘agile or iterative develop-
24 ment’’ in section 891 of the National Defense Au-
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1 thorization Act for Fiscal Year 2018 (Public Law 10
2 115–91; 131 Stat. 1509; 10 U.S.C. 1746 note).
3 Subtitle E—Industrial Base Matters
4 SEC. 851. MODIFICATION TO THE NATIONAL TECHNOLOGY
5 AND INDUSTRIAL BASE.
6 Section 4801(1) of title 10, United States Code, is

7 amended by inserting ‘‘New Zealand,’’ after ‘‘Australia,’’.
8 SEC. 852. MODIFICATION TO MISCELLANEOUS LIMITA-
9 TIONS ON THE PROCUREMENT OF GOODS
10 OTHER THAN UNITED STATES GOODS.

14 ‘‘(l) PERIODIC REVIEW.—
15 ‘‘(1) RECOMMENDATION.—Not later than No-
16 vember 1, 2024, and every five years thereafter, the
18 Sustainment shall review each item described in sub-
19 sections (a) and (e) of this section and submit to the
20 congressional defense committees, in writing, one of
21 the following recommendations:
22 ‘‘(A) Recommend continued inclusion of
23 the item under this section.
24 ‘‘(B) Recommend continued inclusion of
25 the item under this section with modifications.
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1 ‘‘(C) Recommend discontinuing inclusion
2 of the item under this section.
3 ‘‘(2) ELEMENTS.—Each review required under
4 paragraph (1) shall include, with respect to the five-
5 year period preceding the date of submission of the
6 written determination related to such a review, the
7 following elements:
8 ‘‘(A) The criticality of the item reviewed to
9 a military unit’s mission accomplishment or
10 other national security objectives.
11 ‘‘(B) The extent to which such item is
12 fielded in current programs of record.
13 ‘‘(C) The number of such items to be pro-
14 cured by current programs of record.
15 ‘‘(D) The extent to which cost and pricing
16 data for such item has been deemed fair and
17 reasonable.
18 ‘‘(3) JUSTIFICATION.—The written determina-
19 tion required under paragraph (1) shall also include
20 the findings of the applicable review conducted
21 under such paragraph and any key justifications for
22 the recommendation.’’.
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1 SEC. 853. REQUIREMENTS FOR THE PROCUREMENT OF
2 CERTAIN COMPONENTS FOR CERTAIN NAVAL
3 VESSELS AND AUXILIARY SHIPS.
4 (a) REQUIREMENT THAT CERTAIN AUXILIARY SHIP

5 COMPONENTS BE MANUFACTURED IN THE NATIONAL
6 TECHNOLOGY AND INDUSTRIAL BASE.—
7 (1) TECHNICAL AMENDMENT.—Section 4864 of
8 title 10, United States Code, is amended by redesig-
9 nating subsection (l) (relating to ‘‘Implementation of
10 auxiliary ship component limitation’’) as subsection
11 (k).
12 (2) COMPONENTS FOR AUXILIARY SHIPS.—
13 Paragraph (4) of section 4864(a) of title 10, United

15 (A) in the subsection heading, by inserting
16 ‘‘AND T–ARC’’ after ‘‘T–AO 205’’; and
17 (B) by inserting ‘‘and T–ARC’’ after ‘‘T–
18 AO 205’’.
19 (b) REGULATIONS.—Not later than June 1, 2023,
20 the Secretary of Defense shall issue regulations for car-
21 rying out section 4864(j) of title 10, United States Code.
22 SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECH-
23 NICAL ASSISTANCE PROGRAM.
24 (a) ADMINISTRATIVE AND OTHER LOGISTICAL

25 COSTS.—Section 4961 of title 10, United States Code, is
26 amended—
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1 (1) in the matter preceding paragraph (1), by
2 striking ‘‘Director of the Defense Logistics Agency’’
3 and inserting ‘‘Secretary’’;
4 (2) in paragraph (1), by striking ‘‘three’’ and
5 inserting ‘‘four’’; and
8 (A) by striking ‘‘Director’’ and inserting ‘‘Sec-
9 retary’’; and
10 (B) in subparagraph (A), by inserting ‘‘,
11 including meetings of an association recognized
12 under section 4954(f),’’ after ‘‘meetings’’.
13 (b) COOPERATIVE AGREEMENTS.—Section 4954 of
15 end the following new subsections:
16 ‘‘(f) ASSOCIATION RECOGNITION AND DUTIES.—Eli-
17 gible entities that provide procurement technical assist-
18 ance pursuant to this chapter may form an association to
19 pursue matters of common concern. If more than a major-
20 ity of such eligible entities are members of such an asso-
21 ciation, the Secretary shall—
22 ‘‘(1) recognize the existence and activities of
23 such an association; and
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1 ‘‘(2) jointly develop with such association a
2 model cooperative agreement that may be used at
3 the option of the Secretary and an eligible entity.’’.
4 (c) REGULATIONS.—Section 4953 of title 10, United
5 States Code, is amended by inserting ‘‘, and shall consult
6 with an association recognized under section 4954(f) re-
7 garding any revisions to such regulations’’ before the pe-
8 riod at the end.
9 (d) FUNDING.—Section 4955(a)(1) of title 10,
10 United States Code, is amended by striking ‘‘$1,000,000’’
11 and inserting ‘‘$1,500,000’’.
12 SEC. 855. CODIFICATION OF PROHIBITION ON CERTAIN
13 PROCUREMENTS FROM THE XINJIANG
14 UYGHUR AUTONOMOUS REGION.
15 (a) REPEAL.—Section 848 of the National Defense

17 81; 10 U.S.C. 4651 note prec.) is repealed.
18 (b) PROHIBITION ON CERTAIN PROCUREMENTS
19 FROM THE XINJIANG UYGHUR AUTONOMOUS REGION.—
21 by adding at the end the following new section:
22 ‘‘§ 4661. Prohibition on certain procurements from
23 the Xinjiang Uyghur Autonomous Region
24 ‘‘(a) PROHIBITION ON THE AVAILABILITY OF FUNDS

25 FOR CERTAIN PROCUREMENTS FROM XUAR.—None of
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1 the funds authorized to be appropriated by a national de-
2 fense authorization Act or any other Act, or otherwise
3 made available for any fiscal year for the Department of
4 Defense, may be obligated or expended to knowingly pro-
5 cure any products mined, produced, or manufactured
6 wholly or in part by forced labor from XUAR or from an
7 entity that has used labor from within or transferred from
8 XUAR as part of a ‘poverty alleviation’ or ‘pairing assist-
9 ance’ program.
10 ‘‘(b) DEFINITIONS.—In this section, the terms
11 ‘forced labor’ and ‘XUAR’ have the meanings given, re-
12 spectively, in section 2496 of this title.’’.
13 (c) CLERICAL AMENDMENT.—The table of contents
14 for such chapter is amended by adding at the end the fol-
15 lowing new item:
‘‘4661. Prohibition on certain procurements from the Xinjiang Uyghur Autono-
mous Region.’’.
16 (d) POLICY REQUIRED.—Not later than 180 days

18 of Defense shall issue a policy to require that an offeror
19 or awardee of a Department of Defense contract shall
20 make a good faith effort to determine that forced labor
21 from XUAR, as described in section 4661 of title 10,
22 United States Code (as amended by subsection (b)), will
23 not be used in the performance of such contract.
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1 SEC. 856. CODIFICATION OF THE DEPARTMENT OF DE-
2 FENSE MENTOR–PROTEGE PROGRAM.
3 (a) IN GENERAL.—Section 831 of the National De-

5 4901 note prec.) is transferred to subchapter I of chapter
6 387 of title 10, United States Code, inserted after section
7 4901, and redesignated as section 4902.
8 (b) AMENDMENTS.—Section 4902 of title 10, United
9 States Code, as so transferred and redesignated, is amend-
10 ed—
11 (1) in the section heading, by striking ‘‘MEN-
12 TOR-PROTEGE PILOT’’ and inserting ‘‘DEPART-
13 MENT OF DEFENSE MENTOR-PROTEGE’’;
14 (2) in the heading for subsection (a), by strik-

15 ing ‘‘PILOT’’;
16 (3) in subsections (a) and (c), by striking
17 ‘‘pilot’’ each place it appears;
18 (4) in subsection (d)(1)(B)(iii)—
19 (A) in subclause (I), by striking
20 ‘‘$100,000,000’’ and inserting ‘‘$25,000,000’’;
21 and
22 (B) in subclause (II), by striking ‘‘sub-
23 section (k)’’ and inserting ‘‘subsection (j)’’;
24 (5) in subsection (e)(2), by striking ‘‘two years’’
25 each place it appears and inserting ‘‘three years’’;
26 (6) in subsection (f)—
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1 (A) in paragraph (1)(B), by inserting
2 ‘‘manufacturing, test and evaluation,’’ after
3 ‘‘inventory control,’’; and
4 (B) in paragraph (6)(B), by striking ‘‘pur-
5 suant to’’ and all that follows through the semi-
6 colon at the end and inserting ‘‘pursuant to
7 chapter 388 of this title;’’;
8 (7) in subsection (g)(3)(C), by striking ‘‘sub-
9 section (k)’’ and inserting ‘‘subsection (j)’’;
10 (8) by striking subsections (j) and (n);
11 (9) by redesignating subsections (k) through
12 (m) as subsections (j) through (l), respectively;
13 (10) by redesignating subsection (o) as sub-
14 section (n);
15 (11) in subsection (j), as so redesignated—
16 (A) by striking ‘‘pilot’’ each place it ap-
17 pears;
18 (B) by striking ‘‘by which mentor firms’’
19 and inserting ‘‘by which the parties’’; and
20 (C) by striking ‘‘The Secretary shall pub-
21 lish’’ and all that follows through ‘‘270 days
22 after the date of the enactment of this Act.’’;
23 (12) in paragraph (7)(B) of subsection (k), as
24 so redesignated, by striking ‘‘pursuant to’’ and all
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1 that follows through ‘‘; or’’ and inserting ‘‘pursuant
2 to chapter 388 of this title; or’’;
3 (13) in subsection (l), as so redesignated, by
4 striking ‘‘subsection (l)’’ and inserting ‘‘subsection
5 (k)’’;
6 (14) by inserting after subsection (l), as so re-
7 designated, the following new subsection:
8 ‘‘(m) ANNUAL COLLECTION OF PERFORMANCE
9 DATA.—The Director of the Office of Small Business Pro-
10 grams shall—
11 ‘‘(1) maintain outcome-based performance goals
12 and annually collect data through an automated in-
13 formation system (if practicable) assessing such
14 goals; and
15 ‘‘(2) conduct an independent review of the Men-
16 tor-Protege Program established under this section
17 at least once every three years.’’; and
18 (15) by amending subsection (n), as so redesig-
19 nated, to read as follows:
20 ‘‘(n) DEFINITIONS.—In this section:
21 ‘‘(1) The term ‘affiliation’, with respect to a re-
22 lationship between a mentor firm and a protege
23 firm, means a relationship described under section
24 121.103 of title 13, Code of Federal Regulations (or
25 any successor regulation).
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1 ‘‘(2) The term ‘disadvantaged small business
2 concern’ means a firm that is not more than the size
3 standard corresponding to its primary North Amer-
4 ican Industry Classification System code, is not
5 owned or managed by individuals or entities that di-
6 rectly or indirectly have stock options or convertible
7 securities in the mentor firm, and is—
8 ‘‘(A) a small business concern owned and
9 controlled by socially and economically dis-
10 advantaged individuals;
11 ‘‘(B) a business entity owned and con-
12 trolled by an Indian tribe as defined by section
13 8(a)(13) of the Small Business Act (15 U.S.C.
14 637(a)(13));
15 ‘‘(C) a business entity owned and con-
16 trolled by a Native Hawaiian Organization as
17 defined by section 8(a)(15) of the Small Busi-
18 ness Act (15 U.S.C. 637(a)(15));
19 ‘‘(D) a qualified organization employing se-
20 verely disabled individuals;
21 ‘‘(E) a small business concern owned and
22 controlled by women, as defined in section
23 8(d)(3)(D) of the Small Business Act (15
24 U.S.C. 637(d)(3)(D));
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811
1 ‘‘(F) a small business concern owned and
2 controlled by service–disabled veterans (as de-
3 fined in section 8(d)(3) of the Small Business
4 Act (15 U.S.C. 637(d)(3)));
5 ‘‘(G) a qualified HUBZone small business
6 concern (as defined in section 31(b) of the
7 Small Business Act (15 U.S.C. 657a(b))); or
8 ‘‘(H) a small business concern that—
9 ‘‘(i) is a nontraditional defense con-
10 tractor, as such term is defined in section
11 3014 of this title; or
12 ‘‘(ii) currently provides goods or serv-
13 ices in the private sector that are critical
14 to enhancing the capabilities of the defense
15 supplier base and fulfilling key Depart-
16 ment of Defense needs.
17 ‘‘(3) The term ‘historically Black college and
18 university’ means any of the historically Black col-
19 leges and universities referred to in section 2323 of
20 this title, as in effect on March 1, 2018.
21 ‘‘(4) The term ‘minority institution of higher
22 education’ means an institution of higher education
23 with a student body that reflects the composition
24 specified in section 312(b)(3), (4), and (5) of the
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1 Higher Education Act of 1965 (20 U.S.C.
2 1058(b)(3), (4), and (5)).
3 ‘‘(5) The term ‘qualified organization employing
4 the severely disabled’ means a business entity oper-
5 ated on a for-profit or nonprofit basis that—
6 ‘‘(A) uses rehabilitative engineering to pro-
7 vide employment opportunities for severely dis-
8 abled individuals and integrates severely dis-
9 abled individuals into its workforce;
10 ‘‘(B) employs severely disabled individuals
11 at a rate that averages not less than 20 percent
12 of its total workforce;
13 ‘‘(C) employs each severely disabled indi-
14 vidual in its workforce generally on the basis of
15 40 hours per week; and
16 ‘‘(D) pays not less than the minimum wage
17 prescribed pursuant to section 6 of the Fair
18 Labor Standards Act (29 U.S.C. 206) to those
19 employees who are severely disabled individuals.
20 ‘‘(6) The term ‘severely disabled individual’
21 means an individual who is blind (as defined in sec-
22 tion 8501 of title 41) or a severely disabled indi-
23 vidual (as defined in such section).
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1 ‘‘(7) The term ‘small business concern’ has the
2 meaning given such term under section 3 of the
3 Small Business Act (15 U.S.C. 632).
4 ‘‘(8) The term ‘small business concern owned
5 and controlled by socially and economically disadvan-
6 taged individuals’ has the meaning given such term
7 in section 8(d)(3)(C) of the Small Business Act (15
8 U.S.C. 637(d)(3)(C)).
9 ‘‘(9) The term ‘subcontracting participation
10 goal’, with respect to a Department of Defense con-
11 tract, means a goal for the extent of the participa-
12 tion by disadvantaged small business concerns in the
13 subcontracts awarded under such contract, as estab-
14 lished pursuant to section 8(d) of the Small Busi-
15 ness Act (15 U.S.C. 637(d)).’’.
16 (c) CLERICAL AMENDMENT.—The table of sections
17 for subchapter I of chapter 387 of title 10, United States
18 Code, is amended by adding at the end the following new
19 item:
‘‘4902. Department of Defense Mentor–Protege Program.’’.
20 (d) PROTEGE TECHNICAL REIMBURSEMENT PILOT

21 PROGRAM.—
22 (1) IN GENERAL.—Not later than July 1, 2023,
23 the Director of the Office of Small Business Pro-
24 grams of the Department of Defense (as appointed
25 pursuant to section 144 of title 10, United States
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1 Code) shall establish a pilot program under which a
2 protege firm may receive up to 25 percent of the re-
3 imbursement for which the mentor firm of such pro-
4 tege firm is eligible under the Mentor-Protege Pro-
5 gram for a covered activity described in paragraph
6 (2).
7 (2) ACTIVITY DESCRIBED.—A covered activity
8 under this paragraph is an engineering, software de-
9 velopment, or manufacturing customization that the
10 protege firm implements in order to ensure that a
11 technology developed by the protege firm will be
12 ready for integration with a program or system of
15 (A) The terms ‘‘mentor firm’’, ‘‘protege
16 firm’’ have the meanings given under section
17 4902 of title 10, United States Code, as amend-
18 ed by this section.
19 (B) The term ‘‘Mentor-Protege Program’’
20 means the Mentor-Protege Program established
21 under section 4902 of title 10, United States
22 Code, as amended by this section.
23 (4) TERMINATION.—The pilot program estab-
24 lished under paragraph (1) shall terminate on the
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815
1 date that is five years after the date on which the
2 pilot program is established.
3 (e) CONFORMING AMENDMENTS.—
4 (1) BUY INDIAN ACT.—Section 23(a)(2) of the
5 Act of June 25, 1910 (commonly known as the
6 ‘‘Buy Indian Act’’) (36 Stat. 861, 25 U.S.C.
7 47(a)(2)) is amended by striking ‘‘section 831(c) of
9 Year 1991 (10 U.S.C. 2302 note; Public Law 101–
10 510)’’ and inserting ‘‘section 4902(c) of title 10,
11 United States Code’’.
12 (2) SMALL BUSINESS ACT.—Section 8(d)(12) of
13 the Small Business Act (15 U.S.C. 637(d)(12)) is
14 amended—
15 (A) by striking ‘‘the pilot Mentor-Protege
16 Program established pursuant to section 831 of
18 cal Year 1991 (Public Law 101–510; 10 U.S.C.
19 2301 note)’’ and inserting ‘‘the Mentor-Protege
20 Program established under section 4902 of title
21 10, United States Code,’’; and
22 (B) by striking ‘‘subsection (g)’’ and in-
23 serting ‘‘subsection (f)’’.
24 (f) REGULATIONS.—Not later than December 31,
25 2023, the Secretary of Defense shall issue regulations for
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1 carrying out section 4902 of title 10, United States Code,
2 as amended by this section.
3 (g) AGREEMENTS UNDER PILOT PROGRAM.—The
4 amendments made by this section shall not apply with re-
5 spect to any agreement entered into under the program
6 as established under section 831 of the National Defense
8 510; 104 Stat. 1607) before the date of the enactment
9 of this Act.
10 SEC. 857. PROCUREMENT REQUIREMENTS RELATING TO
11 RARE EARTH ELEMENTS AND STRATEGIC
12 AND CRITICAL MATERIALS.
13 (a) DISCLOSURES CONCERNING RARE EARTH ELE-

14 MENTS AND STRATEGIC AND CRITICAL MATERIALS BY
15 CONTRACTORS OF DEPARTMENT OF DEFENSE.—

16 (1) REQUIREMENT.—Beginning on the effective
17 date of this subsection, the Secretary of Defense
18 shall—
19 (A) require that any contractor that pro-
20 vides to the Department of Defense a system
21 with a permanent magnet that contains rare
22 earth elements or strategic and critical mate-
23 rials disclose, after undertaking a commercially
24 reasonable inquiry and along with delivery of
25 the system, the provenance of the magnet; and
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817
1 (B) safeguard such disclosures in accord-
2 ance with applicable classification level required
3 by the associated programs.
4 (2) ELEMENTS.—A disclosure under paragraph
5 (1) shall include an identification of the country or
6 countries in which—
7 (A) any rare earth elements and strategic
8 and critical materials used in the magnet were
9 mined;
10 (B) such elements and minerals were re-
11 fined into oxides;
12 (C) such elements and minerals were made
13 into metals and alloys; and
14 (D) the magnet was sintered or bonded
15 and magnetized.
16 (3) IMPLEMENTATION OF SUPPLY CHAIN
17 TRACKING SYSTEM.—If a contractor cannot make

18 the disclosure required by paragraph (1) with re-
19 spect to a system described in that paragraph, the
20 Secretary shall require the contractor to establish
21 and implement a supply chain tracking system in
22 order to make the disclosure to the fullest extent
23 possible not later than 180 days after the contractor
24 provides the system to the Department of Defense.
25 The tracking system shall—
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818
1 (A) include a description of the efforts
2 taken by the contractor to date to make the dis-
3 closure required by paragraph (1);
4 (B) take into account the possible refusal
5 of certain foreign entities to provide the con-
6 tractor the information necessary to make the
7 disclosure required by paragraph (1); and
8 (C) require the contractor to report to the
9 Secretary the name, location, and other identi-
10 fying information of any entities which refuse
11 to provide the contractor with the information
12 necessary to make the disclosure required by
13 paragraph (1).
14 (4) WAIVERS.—
15 (A) IN GENERAL.—The Secretary may
16 waive a requirement under paragraph (1) or (3)
17 with respect to a system described in paragraph
18 (1) for a period of not more than 180 days if
19 the Secretary certifies to the Committees on
20 Armed Services of the Senate and the House of
21 Representatives that—
22 (i) the continued procurement of the
23 system is necessary to meet the demands
24 of a national emergency declared under
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819
1 section 201 of the National Emergencies
2 Act (50 U.S.C. 1621); or
3 (ii) a contractor that cannot currently
4 make the disclosure required by paragraph
5 (1) is making significant efforts to comply
6 with the requirements of that paragraph.
7 (B) WAIVER RENEWALS.—The Secretary
8 may renew a waiver as many times as the Sec-
9 retary considers appropriate, provided that the
10 Secretary submits an updated certification to
11 the committees.
12 (C) LIMITATION.—The Secretary may not
13 delegate this waiver authority below the level of
14 Assistant Secretary of Defense, a senior acqui-
15 sition executive (as defined in section 101(a) of
16 title 10, United States Code), or a command
17 acquisition executive (as described in section
18 167(e)(4)(C) of title 10, United States Code) or
19 equivalent.
20 (5) BRIEFING REQUIRED.—
21 (A) IN GENERAL.—Not later than 30 days

22 after the submission of each report required by
23 subsection (c)(3), the Secretary of Defense shall
24 provide to the Committees on Armed Services
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820
1 of the Senate and the House of Representatives
2 a briefing that includes—
3 (i) a summary of the disclosures made
4 under this subsection;
5 (ii) an assessment of the extent of re-
6 liance by the United States on foreign
7 countries, and especially countries that are
8 not allies of the United States, for rare
9 earth elements and strategic and critical
10 materials;
11 (iii) a determination with respect to
12 which systems described in paragraph (1)
13 are of the greatest concern for interrup-
14 tions of supply chains with respect to rare
15 earth elements and strategic and critical
16 materials; and
17 (iv) any suggestions for legislation or
18 funding that would mitigate security gaps
19 in such supply chains.
20 (B) FORM.—To the extent practicable,
21 each briefing required under subparagraph (A)
22 shall be in an unclassified form, but may con-
23 tain a classified annex.
24 (6) EFFECTIVE DATE.—The requirements de-
25 scribed in this subsection shall take effect—
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821
1 (A) not earlier than 30 months after the
2 date of enactment of this Act; and
3 (B) after the Secretary of Defense certifies
4 to the Committees on Armed Services of the
5 Senate and the House of Representatives that
6 the Department has established a process to en-
7 sure that the information collection require-
8 ments of this subsection present no national se-
9 curity risks, or that any such risks have been
10 fully mitigated.
11 (b) EXPANSION OF RESTRICTIONS ON PROCURE-
12 MENT OF MILITARY AND DUAL-USE TECHNOLOGIES BY
13 CHINESE MILITARY COMPANIES.—Section 1211 of the

15 (Public Law 109–163; 10 U.S.C. 4651 note prec.) is
16 amended—
17 (1) in the section heading, by striking ‘‘COM-
18 MUNIST CHINESE MILITARY COMPANIES’’ and
19 inserting ‘‘CHINESE MILITARY COMPANIES’’;
20 (2) in subsection (a), by inserting after ‘‘mili-

21 tary company’’ the following: ‘‘, any Chinese military
22 company, any Non-SDN Chinese military-industrial
23 complex company, or any other covered company’’;
24 (3) by amending subsection (b) to read as fol-
25 lows:
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822
1 ‘‘(b) GOODS AND SERVICES COVERED.—
2 ‘‘(1) IN GENERAL.—For purposes of subsection
3 (a), and except as provided in paragraph (2), the
4 goods and services described in this subsection are
5 goods and services—
6 ‘‘(A) on the munitions list of the Inter-
7 national Traffic in Arms Regulations; or
8 ‘‘(B) on the Commerce Control List that—
9 ‘‘(i) are classified in the 600 series; or
10 ‘‘(ii) contain strategic and critical ma-
11 terials, rare earth elements, or energetic
12 materials used to manufacture missiles or
13 munitions.
14 ‘‘(2) EXCEPTIONS.—Goods and services de-
15 scribed in this subsection do not include goods or
16 services procured—
17 ‘‘(A) in connection with a visit by a vessel
18 or an aircraft of the United States Armed
19 Forces to the People’s Republic of China;
20 ‘‘(B) for testing purposes; or
21 ‘‘(C) for purposes of gathering intel-
22 ligence.’’; and
24 (A) by striking paragraph (3);
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823
3 (C) by inserting before paragraph (3), as
4 redesignated by subparagraph (B), the fol-
5 lowing:
6 ‘‘(1) The term ‘Chinese military company’ has
7 the meaning given that term by section 1260H(d)(1)
8 of the William M. (Mac) Thornberry National De-
10 lic Law 116–283; 10 U.S.C. 113 note).
11 ‘‘(2) The term ‘Commerce Control List’ means
12 the list maintained by the Bureau of Industry and
13 Security and set forth in Supplement No. 1 to part
14 774 of the Export Administration Regulations.’’;
15 (D) by inserting after paragraph (3), as so
16 redesignated, the following:
17 ‘‘(4) The term ‘Export Administration Regula-
18 tions’ has the meaning given that term in section
19 1742 of the Export Control Reform Act of 2018 (50
20 U.S.C. 4801).’’; and
21 (E) by adding at the end the following:
22 ‘‘(6) The term ‘Non-SDN Chinese military-in-
23 dustrial complex company’ means any entity on the
24 Non-SDN Chinese Military-Industrial Complex Com-
25 panies List—
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824
1 ‘‘(A) established pursuant to Executive
2 Order 13959 (50 U.S.C. 1701 note; relating to
3 addressing the threat from securities invest-
4 ments that finance Communist Chinese military
5 companies), as amended before, on, or after the
6 date of the enactment of the National Defense
7 Authorization Act for Fiscal Year 2023; and
8 ‘‘(B) maintained by the Office of Foreign
9 Assets Control of the Department of the Treas-
10 ury.
11 ‘‘(7) The term ‘other covered company’ means
12 a company that—
13 ‘‘(A) is owned or controlled by the govern-
14 ment of the People’s Republic of China; and
15 ‘‘(B) is certified by the Secretary of De-
16 fense to the congressional defense committees
17 to be a company that must be covered by this
18 section for national security reasons.
19 ‘‘(8) The term ‘strategic and critical materials’
20 means materials designated as strategic and critical
21 under section 3(a) of the Strategic and Critical Ma-
22 terials Stock Piling Act (50 U.S.C. 98b(a)).’’; and
24 section:
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825
1 ‘‘(f) EFFECTIVE DATE.—With respect to goods and
2 services described in clause (ii) of subparagraph (b)(1)(B),
3 the prohibition shall take effect 180 days after the date
4 on which the Secretary of Defense certifies to the congres-
5 sional defense committees that a sufficient number of com-
6 mercially viable providers exist outside of the People’s Re-
7 public of China that collectively can provide the Depart-
8 ment of Defense with satisfactory quality and sufficient
9 quantity of such goods or services as and when needed
10 at United States market prices.’’.
11 (c) REVIEW OF COMPLIANCE WITH CONTRACTING
12 REQUIREMENTS.—
14 after the date of the enactment of this Act, and peri-
15 odically thereafter until the termination date speci-
16 fied in paragraph (5), the Comptroller General of
17 the United States shall assess the extent of the ef-
18 forts of the Secretary of Defense to comply with the
19 requirements of—
20 (A) subsection (a);
21 (B) section 1211 of the National Defense
22 Authorization Act for Fiscal Year 2006, as
23 amended by subsection (b); and
24 (C) section 4872 of title 10, United States
25 Code.
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1 (2) BRIEFING REQUIRED.—
2 (A) IN GENERAL.—The Comptroller Gen-

3 eral shall periodically, until the termination
4 date specified in paragraph (5), provide to the
5 Committees on Armed Services of the Senate
6 and the House of Representatives a briefing on
7 the results of the assessments conducted under
8 paragraph (1) that includes an assessment of—
9 (i) the inclusion by the Department of
10 Defense of necessary contracting clauses in
11 relevant contracts to meet the require-
12 ments described in subparagraphs (A),
13 (B), and (C) of paragraph (1); and
14 (ii) the efforts of the Department of
15 Defense to assess the compliance of con-
16 tractors with such clauses.
18 each briefing required under subparagraph (A)
21 (3) REPORT REQUIRED.—
22 (A) IN GENERAL.—The Comptroller Gen-

23 eral shall, not less frequently than every 2 years
24 until the termination date specified in para-
25 graph (5), submit to the Committees on Armed
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827
1 Services of the Senate and the House of Rep-
2 resentatives a report on the results of the as-
3 sessments conducted under paragraph (1).
5 each report required under subparagraph (A)
8 (4) REFERRAL.—If, in conducting an assess-
9 ment under paragraph (1), the Comptroller General
10 determines that a contractor has willfully or reck-
11 lessly failed to comply with any of the requirements
12 described in subparagraphs (A), (B), and (C) of
13 paragraph (1), the Comptroller General may refer
14 the matter, as appropriate, for further examination
15 and possible enforcement actions.
16 (5) TERMINATION.—The requirements of this
17 subsection shall terminate on the date that is 5
18 years after the date of the enactment of this Act.
19 (d) STRATEGIC AND CRITICAL MATERIALS DE-
20 FINED.—In this section, the term ‘‘strategic and critical
21 materials’’ means materials designated as strategic and
22 critical under section 3(a) of the Strategic and Critical
23 Materials Stock Piling Act (50 U.S.C. 98b(a)).
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1 SEC. 858. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION
2 TO ADDRESS SOURCING AND INDUSTRIAL CA-
3 PACITY.
4 (a) ANALYSIS REQUIRED.—

5 (1) IN GENERAL.—The Secretary of Defense,
6 acting through the Under Secretary of Defense for
7 Acquisition and Sustainment and other appropriate
8 officials, shall review the items under subsection (c)
9 to determine and develop appropriate actions, con-
10 sistent with the policies, programs, and activities re-
11 quired under subpart I of part V of subtitle A of
12 title 10, United States Code, chapter 83 of title 41,
13 United States Code, and the Defense Production Act
14 of 1950 (50 U.S.C. 4501 et seq.), including—
15 (A) restricting procurement, with appro-
16 priate waivers for cost, emergency require-
17 ments, and non-availability of suppliers, includ-
18 ing restricting procurement to—
19 (i) suppliers in the United States;
20 (ii) suppliers in the national tech-
21 nology and industrial base (as defined in
22 section 4801 of title 10, United States
23 Code);
24 (iii) suppliers in other allied nations;
25 or
26 (iv) other suppliers;
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1 (B) increasing investment through use of
2 research and development or procurement ac-
3 tivities and acquisition authorities to—
4 (i) expand production capacity;
5 (ii) diversify sources of supply; or
6 (iii) promote alternative approaches
7 for addressing military requirements;
8 (C) prohibiting procurement from selected
9 sources or nations;
10 (D) taking a combination of actions de-
11 scribed under subparagraphs (A), (B), and (C);
12 or
13 (E) taking no action.
14 (2) CONSIDERATIONS.—The analyses conducted
15 pursuant to paragraph (1) shall consider national se-
16 curity, economic, and treaty implications, as well as
17 impacts on current and potential suppliers of goods
18 and services.
19 (b) REPORTING ON ANALYSES, RECOMMENDATIONS,
20 AND ACTIONS.—
21 (1) BRIEFING REQUIRED.—Not later than Jan-
22 uary 15, 2024, the Secretary of Defense shall sub-
23 mit to the congressional defense committees, in writ-
24 ing—
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830
1 (A) a summary of the findings of the anal-
2 yses undertaken for each item pursuant to sub-
3 section (a);
4 (B) relevant recommendations resulting
5 from the analyses; and
6 (C) descriptions of specific activities under-
7 taken as a result of the analyses, including
8 schedule and resources allocated for any
9 planned actions.
10 (2) REPORTING.—The Secretary of Defense
11 shall include the analyses conducted under sub-
12 section (a), and any relevant recommendations and
13 descriptions of activities resulting from such anal-
14 yses, as appropriate, in each of the following during
15 the 2024 calendar year:
16 (A) The annual report or quarterly brief-
17 ings to Congress required under section 4814 of
19 (B) The annual report on unfunded prior-
20 ities of the national technology and industrial
21 base required under section 4815 of such title.
22 (C) Department of Defense technology and
23 industrial base policy guidance prescribed under
24 section 4811(c) of such title.
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1 (D) Activities to modernize acquisition
2 processes to ensure the integrity of the indus-
3 trial base pursuant to section 4819 of such
4 title.
5 (E) Defense memoranda of understanding
6 and related agreements considered in accord-
7 ance with section 4851 of such title.
8 (F) Industrial base or acquisition policy
9 changes.
10 (G) Legislative proposals for changes to
11 relevant statutes which the Department shall
12 consider, develop, and submit to the Committee
13 on Armed Services of the Senate and the Com-
14 mittee on Armed Services of the House of Rep-
15 resentatives not less frequently than once per
16 fiscal year.
17 (H) Other actions as the Secretary of De-
18 fense determines appropriate.
19 (c) LIST OF GOODS AND SERVICES FOR ANALYSES,
20 RECOMMENDATIONS, AND ACTIONS.—The items described
21 in this subsection are the following:
22 (1) Solar components for satellites.
23 (2) Satellite ground station service contracts.
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1 (3) Naval vessel shafts and propulsion system
2 components (including reduction gears and propel-
3 lers).
4 (4) Infrastructure or equipment for a passenger
5 boarding bridge at a military airport designated by
6 the Secretary of Transportation under section
7 47118(a) of title 49, United States Code.
8 (5) Flags of the United States.
9 (6) Natural rubber from herbaceous plants for
10 military applications.
11 (7) Alternative proteins as sustainable and se-
12 cure food sources.
13 (8) Carbon fiber.
14 SEC. 859. DEMONSTRATION EXERCISE OF ENHANCED PLAN-
15 NING FOR INDUSTRIAL MOBILIZATION AND
16 SUPPLY CHAIN MANAGEMENT.
17 (a) DEMONSTRATION EXERCISE REQUIRED.—Not

18 later than December 31, 2024, the Secretary of Defense
19 shall conduct a demonstration exercise of industrial mobi-
20 lization and supply chain management planning capabili-
21 ties in support of one or more operational or contingency
22 plan use cases, as selected in consultation with the Chair-
23 man of the Joint Chiefs of Staff and the Under Secretary
24 of Defense for Acquisition and Sustainment.
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1 (b) ELEMENTS.—The demonstration exercise re-
2 quired under subsection (a) shall include the following ele-
3 ments:
4 (1) Use of a current program that is both field-
5 ed and still in production from each military depart-
6 ment, Defense Agency, and Department of Defense
7 Field Activity in order to model a notional plan for
8 mobilization or supply chain management, as associ-
9 ated with the selected operational or contingency
10 plans.
11 (2) The exercise of processes and authorities
12 that support the Department of Defense for indus-
13 trial mobilization in support of declared hostilities or
14 other contingency operations.
15 (3) The identification of process improvements
16 or gaps in resources, capabilities, or authorities that
17 require remediation, including those related to gov-
18 ernment or contractor production facilities, tooling,
19 or workforce development.
20 (4) The implementation of analytical tools and
21 processes to monitor and assess the health of the in-
22 dustrial base and to use near real-time data and vis-
23 ualization capabilities in making production and dis-
24 tribution decisions, with an emphasis on identifying,
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1 assessing, and demonstrating commercially available
2 tools.
3 (5) The establishment and tracking of goals
4 and metrics to support institutionalization of defense
5 industrial base health assessment and planning.
6 (c) BRIEFING REQUIRED.—Not later than November
7 1, 2023, the Secretary shall provide to the congressional
8 defense committees an interim briefing on the demonstra-
9 tion exercise required under subsection (a), including—
10 (1) an identification of the programs and use
11 cases to be demonstrated;
12 (2) a description of methodology for executing
13 the demonstration exercise, including analytical tools
14 or metrics identified to support the process; and
15 (3) any preliminary findings.
16 (d) ASSESSMENT.—Not later than March 1, 2025,
17 the Secretary shall submit to the congressional defense
18 committees a report assessing the demonstration exercise
19 required under subsection (a), including a description of—
20 (1) the programs and use cases considered in
21 this demonstration exercise;
22 (2) the outcomes of the activities required
23 under subsection (b);
24 (3) outcomes and conclusions;
25 (4) lessons learned; and
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1 (5) any recommendations for legislative action
2 that may be required as a result.
3 (e) DEFINITIONS.—In this section, the terms ‘‘mili-
4 tary department’’, ‘‘Defense Agency’’, and ‘‘Defense Field
5 Activity’’ have the meanings given those terms in section
7 SEC. 860. RISK MANAGEMENT FOR DEPARTMENT OF DE-
8 FENSE PHARMACEUTICAL SUPPLY CHAINS.
9 (a) RISK MANAGEMENT FOR ALL DEPARTMENT OF
10 DEFENSE PHARMACEUTICAL SUPPLY CHAINS.—Not later

13 Sustainment shall—
14 (1) develop and issue implementing guidance
15 for risk management for Department of Defense
16 supply chains for pharmaceutical materiel for the
17 Department;
18 (2) identify, in coordination with the Secretary
19 of Health and Human Services, supply chain infor-
20 mation gaps regarding the Department’s reliance on
21 foreign suppliers of drugs, including active pharma-
22 ceutical ingredients and final drug products; and
24 ices of the Senate and the House of Representatives
25 a report regarding—
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1 (A) existing information streams, if any,
2 that may be used to assess the reliance by the
3 Department of Defense on high-risk foreign
4 suppliers of drugs;
5 (B) vulnerabilities in the drug supply
6 chains of the Department of Defense; and
7 (C) any recommendations to address—
8 (i) information gaps identified under
10 (ii) any risks related to such reliance
11 on foreign suppliers.
12 (b) RISK MANAGEMENT FOR DEPARTMENT OF DE-
13 FENSE PHARMACEUTICAL SUPPLY CHAIN.—The Director
14 of the Defense Health Agency shall—
15 (1) not later than one year after the issuance
16 of the guidance required under subsection (a)(1), de-
17 velop and publish implementing guidance for risk
18 management for the Department of Defense supply
19 chain for pharmaceuticals; and
20 (2) establish a working group—
21 (A) to assess risks to the Department’s
22 pharmaceutical supply chain;
23 (B) to identify the pharmaceuticals most
24 critical to beneficiary care at military treatment
25 facilities; and
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1 (C) to establish policies for allocating
2 scarce pharmaceutical resources of the Depart-
3 ment of Defense in case of a supply disruption.
4 SEC. 861. STRATEGY FOR INCREASING COMPETITIVE OP-
5 PORTUNITIES FOR CERTAIN CRITICAL TECH-
6 NOLOGIES.
7 (a) STRATEGY.—Not later than one year after the

9 shall submit to the congressional defense committees a
10 comprehensive strategy to—
11 (1) increase competitive opportunities available
12 for appropriate United States companies to transi-
13 tion critical technologies into major weapon systems
14 and other programs of record; and
15 (2) enhance the integrity and diversity of the
16 defense industrial base.
17 (b) ELEMENTS.—The strategy required under sub-
19 (1) A description of methods to increase oppor-
20 tunities for appropriate United States companies to
21 develop end items of critical technologies for major
22 weapon systems, rapidly prototype such end items,
23 and conduct activities that would support the transi-
24 tion of such end items into major weapon systems
25 and programs of record, including—
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1 (A) continuous experimentation or military
2 utility assessments to improve such end items;
3 (B) evaluation of how to integrate existing
4 commercial capabilities relating to such end
5 items of appropriate United States companies
6 or entities in the defense industrial base into
7 major weapon systems and programs of record
8 in the Department of Defense;
9 (C) efforts that improve the ability of ap-
10 propriate United States companies or entities in
11 the defense industrial base to maintain, afford,
12 or manufacture major weapon systems or com-
13 ponents for such systems; and
14 (D) development of alternative supply
15 sources for components of a major weapon sys-
16 tem to ensure the availability of component
17 parts and to support supply chain diversity.
18 (2) Processes to improve coordination by the
19 military departments and other elements of the De-
20 partment of Defense to carry out the strategy re-
21 quired by this section.
23 (1) The term ‘‘appropriate United States com-
24 pany’’ means—
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1 (A) a nontraditional defense contractor, as
2 defined in section 3014 of title 10, United
3 States Code; or
4 (B) a prime contractor that has entered
5 into a cooperative agreement with a nontradi-
6 tional defense contractor with the express intent
7 to pursue funding authorized by sections 4021
8 and 4022 of title 10, United States Code, in the
9 development, testing, or prototyping of critical
10 technologies.
11 (2) The term ‘‘major weapon system’’ has the
13 States Code.
14 (3) The term ‘‘critical technology’’ means a
15 technology identified as critical by the Secretary of
16 Defense, which shall include the following:
17 (A) Biotechnology.
18 (B) Quantum science technology.
19 (C) Advanced materials.
20 (D) Artificial intelligence and machine
21 learning.
22 (E) Microelectronics.
23 (F) Space technology.
24 (G) Advanced computing and software.
25 (H) Hypersonics.
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1 (I) Integrated sensing and cybersecurity.
2 (J) Autonomous systems.
3 (K) Unmanned systems.
4 (L) Advanced sensing systems.
5 (M) Advanced communications systems.
6 SEC. 862. KEY ADVANCED SYSTEM DEVELOPMENT INDUS-
7 TRY DAYS.
8 (a) IN GENERAL.—Not later than March 1, 2023,

9 and every 180 days thereafter, the each Secretary of a
10 military department shall ensure that such military de-
11 partment conducts an outreach event to—
12 (1) collaborate with the private sector on
13 present current and future opportunities with re-
14 spect to key advanced system development areas;
15 (2) raise awareness within the private sector
16 of—
17 (A) key advanced system development
18 areas; and
19 (B) capability needs and existing and po-
20 tential requirements related to the key ad-
21 vanced system development areas; and
22 (3) raise awareness within such military depart-
23 ment of potential material solutions for capability
24 needs and existing and potential requirements re-
25 lated to key advanced system development areas.
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1 (b) RESPONSIBILITIES.—
2 (1) SERVICE CHIEFS.—For each event a mili-
3 tary department conducts under subsection (a), the
4 Service Chief concerned shall, for each key advanced
5 system development area, perform the following:
6 (A) Identify related and potentially related
7 existing, planned, or potential military require-
8 ments, including urgent and emergent oper-
9 ational needs.
10 (B) Identify and describe related and po-
11 tentially related needs or gaps in the capabili-
12 ties of the military department to carry out the
13 missions of the military department, including
14 warfighting and combat support capabilities.
15 (C) Identify and describe related and po-
16 tentially related exercise, demonstration, or ex-
17 perimentation opportunities.
18 (2) ACQUISITION EXECUTIVES.—For each event
19 a military department conducts under subsection
20 (a), the service acquisition executive of the military
21 department conducting the event shall, for each key
22 advanced system development area, perform the fol-
23 lowing:
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1 (A) Identify and describe related and po-
2 tentially related existing, planned, or potential
3 acquisition plans and strategies.
4 (B) Identify and describe related and po-
5 tentially related existing, planned, or potential
6 funding opportunities, including—
7 (i) broad agency announcements;
8 (ii) requests for information;
9 (iii) funding opportunity announce-
10 ments;
11 (iv) special program announcements;
12 (v) requests for proposals;
13 (vi) requests for quotes;
14 (vii) special notices;
15 (viii) transactions pursuant to sections
16 4004, 4021, and 4022 of title 10, United
17 States Code;
18 (ix) unsolicited proposals; and
19 (x) other funding opportunities as de-
20 termined appropriate by the service acqui-
21 sition executive.
22 (3) DELEGATION.—Each Service Chief con-
23 cerned and each service acquisition executive may
24 delegate the authority to carry out the tasks for
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843
1 which such individuals are responsible under this
2 subsection.
3 (4) REVIEWS AND COORDINATION.—
4 (A) INDUSTRY DAY REVIEWS.—Promptly
5 after an event conducted by a military depart-

6 ment under subsection (a), the service acquisi-
7 tion executive of such military department
8 shall—
9 (i) disseminate a written review of
10 such event as broadly as practicable within
11 the Department of Defense; and
12 (ii) make such review publicly avail-
13 able on a website of the military depart-
14 ment.
15 (B) CONSOLIDATION.—The Secretary of
16 Defense and the Chairman of the Joint Chiefs
17 of Staff shall, periodically, jointly review and
18 consolidate the reviews required by subpara-
19 graph (A) to identify trends, eliminate redun-
20 dancy, and enhance efficiency with respect to
21 events conducted under subsection (a).
22 (c) FORM.—With respect to each event conducted
23 under subsection (a), the Secretary concerned shall seek
24 to maximize industry and government participation, while
25 minimizing cost to the maximum extent practicable, by—
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1 (1) holding the event at an unclassified security
2 level to the extent practicable;
3 (2) making the event publicly accessible
4 through teleconference or other virtual means; and
5 (3) making supporting materials for the event
6 publicly available on a website.
8 (1) MILITARY DEPARTMENTS; SECRETARY CON-
9 CERNED; SERVICE ACQUISITION EXECUTIVE.—The
10 terms ‘‘military departments’’, ‘‘Secretary con-

11 cerned’’, and ‘‘service acquisition executive’’ have the
12 meanings given such terms in section 101(a) of title
14 (2) KEY ADVANCED SYSTEM DEVELOPMENT
15 AREA.—The term ‘‘key advanced system develop-

16 ment area’’ means the following:
17 (A) For the Department of the Navy—
18 (i) unmanned surface vessels;
19 (ii) unmanned underwater vessels;
20 (iii) unmanned deployable mobile
21 ocean systems;
22 (iv) unmanned deployable fixed ocean
23 systems; and
24 (v) autonomous unmanned aircraft
25 systems.
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1 (B) For the Department of the Air Force,
2 autonomous unmanned aircraft systems.
3 (C) For the Department of the Army, au-
4 tonomous unmanned aircraft systems.
5 (3) SERVICE CHIEF.—The term ‘‘Service Chief
6 concerned’’ means—
7 (A) the Chief of Staff of the Army, with
8 respect to matters concerning the Department
9 of the Army;
10 (B) the Chief of Naval Operations and the
11 Commandant of the Marine Corps, with respect
12 to matters concerning the Department of the
13 Navy; and
14 (C) the Chief of Staff of the Air Force,
15 with respect to matters concerning the Depart-
16 ment of the Air Force.
17 Subtitle F—Small Business Matters
18 SEC. 871. CODIFICATION OF SMALL BUSINESS ADMINISTRA-
19 TION SCORECARD.
20 (a) IN GENERAL.—Subsection (b) of section 868 of

22 2016 (15 U.S.C. 644 note) is transferred to section 15
23 of the Small Business Act (15 U.S.C. 644), inserted after
24 subsection (x), redesignated as subsection (y), and amend-
25 ed—
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1 (1) by striking paragraphs (1), (6), and (7);
3 (4) as paragraphs (1), (2), and (3), respectively;
5 graph (6);
6 (4) in paragraph (1) (as so redesignated), by
7 striking ‘‘Beginning in’’ and all that follows through
8 ‘‘to evaluate’’ and inserting ‘‘The Administrator
9 shall use a scorecard to annually evaluate’’;
10 (5) in paragraph (2) (as so redesignated)—
11 (A) by striking ‘‘the Federal agency’’ each
12 place it appears and inserting ‘‘a Federal agen-
13 cy or the Federal Government, as applicable,’’;
14 (B) in the matter preceding subparagraph
15 (A)—
16 (i) by striking ‘‘developed under para-
17 graph (1)’’; and
18 (ii) by inserting ‘‘and Government-
19 wide’’ after ‘‘each Federal agency’’; and
20 (C) in subparagraph (A), by striking ‘‘sec-
21 tion 15(g)(1)(B) of the Small Business Act (15
22 U.S.C. 644(g)(1)(B))’’ and inserting ‘‘sub-
23 section (g)(1)(B)’’;
24 (6) in paragraph (3) (as so redesignated)—
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1 (A) in subparagraph (A), by striking
2 ‘‘paragraph (3)(A)’’ and inserting ‘‘paragraph
3 (2)(A)’’; and
4 (B) in subparagraph (B), by striking
5 ‘‘paragraph (3)’’ and inserting ‘‘paragraph
6 (2)’’;
7 (7) by inserting after paragraph (3) (as so re-
8 designated) the following new paragraph:
9 ‘‘(4) ADDITIONAL REQUIREMENTS FOR SCORE-
10 CARDS.—The scorecard shall include, for each Fed-

11 eral agency and Governmentwide, the following in-
12 formation with respect to prime contracts:
13 ‘‘(A) The number (expressed as a percent-
14 age) and total dollar amount of awards made to
15 small business concerns owned and controlled
16 by women through sole source contracts and
17 competitions restricted to small business con-
18 cerns owned and controlled by women under
19 section 8(m).
20 ‘‘(B) The number (expressed as a percent-
23 by qualified HUBZone small business concerns
24 through sole source contracts and competitions
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1 restricted to qualified HUBZone small business
2 concerns under section 31(c)(2).
3 ‘‘(C) The number (expressed as a percent-
6 by service-disabled veterans through sole source
7 contracts and competitions restricted to small
8 business concerns owned and controlled by serv-
9 ice-disabled veterans under section 36.
10 ‘‘(D) The number (expressed as a percent-
12 socially and economically disadvantaged small
13 business concerns under section 8(a) through
14 sole source contracts and competitions re-
15 stricted to socially and economically disadvan-
16 taged small business concerns, disaggregated by
17 awards made to such concerns that are owned
18 and controlled by individuals and awards made
19 to such concerns that are owned and controlled
20 by an entity.’’;
21 (8) in paragraph (5), by striking ‘‘section
22 15(h)(2) of the Small Business Act (15 U.S.C.
23 644(h)(2))’’ and inserting ‘‘subsection (h)(2)’’; and
24 (9) by amending paragraph (6) (as so redesig-
25 nated) to read as follows:
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1 ‘‘(6) SCORECARD DEFINED.—In this subsection,
2 the term ‘scorecard’ means any summary using a
3 rating system to evaluate the efforts of a Federal
4 agency to meet goals established under subsection
5 (g)(1)(B) that—
6 ‘‘(A) includes the measures described in
8 ‘‘(B) assigns a score to each Federal agen-
9 cy evaluated.’’.
10 (b) CONFORMING AMENDMENT.—Section 15(x)(2) of
11 the Small Business Act (15 U.S.C. 644(x)(2)) is amended
12 by striking ‘‘scorecard described in section 868(b) of the
14 (15 U.S.C. 644 note)’’ and inserting ‘‘scorecard (as de-
15 fined in subsection (y))’’.
16 SEC. 872. MODIFICATIONS TO THE SBIR AND STTR PRO-
17 GRAMS.
18 (a) CORRECTION TO STTR DISCLOSURE REQUIRE-

19 MENTS.—Section 9(g)(13)(D) of the Small Business Act
20 (15 U.S.C. 638(g)(13)(D)) is amended by striking ‘‘of
21 concern’’.
22 (b) DUE DILIGENCE PROGRAM.—
23 (1) IN GENERAL.—Until the date on which the
25 neering makes the certification described in para-
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850
1 graph (2), in carrying out the due diligence program
2 required under subsection (vv) of section 9 of the
3 Small Business Act (15 U.S.C. 638), the Secretary
4 of Defense and each Secretary of a military depart-
5 ment shall perform the assessments required under
6 such due diligence program—
7 (A) only with respect to small business
8 concerns selected by the applicable Secretary as
9 the presumptive recipient of an award described
10 in such subsection (vv); and
11 (B) prior to notifying the small business
12 concern that the small business concern has
13 been selected to receive such an award.
14 (2) FULL IMPLEMENTATION.—On the date on
15 which the Under Secretary of Defense for Research
16 and Engineering certifies to the Committees on
17 Armed Services of the Senate and the House of Rep-
18 resentatives that an automated capability for per-
19 forming the assessments required under the due dili-
20 gence program required under subsection (vv) of sec-
21 tion 9 of the Small Business Act (15 U.S.C. 638)
22 with respect to all small business concerns seeking
23 an award described in such subsection is operational,
24 paragraph (1) of this subsection shall sunset.
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1 SEC. 873. ACCESS TO DATA ON BUNDLED OR CONSOLI-
2 DATED CONTRACTS.
3 (a) IN GENERAL.—Section 15(p) of the Small Busi-

4 ness Act (15 U.S.C. 644(p)) is amended—
5 (1) by amending paragraph (1) to read as fol-
6 lows:
7 ‘‘(1) BUNDLED OR CONSOLIDATED CONTRACT
8 DEFINED.—In this subsection, the term ‘bundled or

9 consolidated contract’ has the meaning given in sub-
10 section (s).’’;
12 (A) in the paragraph heading, by striking
13 ‘‘CONTRACT BUNDLING’’ and inserting ‘‘BUN-
14 DLED OR CONSOLIDATED CONTRACTS’’;
15 (B) in subparagraph (A), by striking ‘‘con-

16 tract bundling’’ and inserting ‘‘bundled or con-
17 solidated contracts’’;
18 (C) in subparagraph (B)—
19 (i) in clause (i), by striking ‘‘bundled
20 contracts’’ and inserting ‘‘bundled or con-
21 solidated contracts’’; and
22 (ii) in clause (ii)—
23 (I) in the matter preceding sub-
24 clause (I), by striking ‘‘bundled con-
25 tracts’’ and inserting ‘‘bundled or con-
26 solidated contracts’’;
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852
1 (II) in subclause (I), by striking
2 ‘‘were bundled’’ and inserting ‘‘were
3 included in bundled or consolidated
4 contracts’’; and
5 (III) in subclause (II)—
6 (aa) in the matter preceding
7 item (aa), by striking ‘‘bundled
8 contract’’ and inserting ‘‘bundled
9 or consolidated contract’’;
10 (bb) in items (aa), (dd), and
11 (ee) by inserting ‘‘or the consoli-
12 dation of contract requirements
13 (as applicable)’’ after ‘‘bundling
14 of contract requirements’’ each
15 place it appears;
16 (cc) in item (bb), by striking
17 ‘‘bundling the contract require-
18 ments’’ and inserting ‘‘the bun-
19 dling of contract requirements or
20 the consolidation of contract re-
21 quirements (as applicable)’’;
22 (dd) in item (cc), by striking
23 ‘‘the bundled status of contract
24 requirements’’ and inserting
25 ‘‘contract requirements in a bun-
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853
1 dled or consolidated contract’’;
2 and
3 (ee) in item (ee), by striking
4 ‘‘consolidated requirements’’ and
5 inserting ‘‘contract’’; and
6 (3) in paragraph (5)(B), by striking ‘‘provide,
7 upon request’’ and all that follows through the pe-
8 riod at the end and inserting the following: ‘‘provide
9 to the Administrator data and information described
10 in paragraphs (2) and (4).’’.
11 (b) TECHNICAL AMENDMENT.—Section 15(p)(2) of
12 the Small Business Act (15 U.S.C. 644(p)) is amended—
13 (1) by striking ‘‘DATABASE’’ in the paragraph
14 heading and all that follows through ‘‘Not later’’
15 and inserting ‘‘DATABASE.—Not later’’; and
16 (2) by redesignating clauses (i) and (ii) as sub-
17 paragraphs (A) and (B), respectively.
18 SEC. 874. SMALL BUSINESS INTEGRATION WORKING
19 GROUP.

21 enactment of this Act, the Secretary of Defense shall issue
22 a charter to establish a small business integration working
23 group that—
24 (1) ensures the integration and synchronization
25 of the activities of the military departments and
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854
1 other components of the Department of Defense
2 with respect to small business concerns; and
3 (2) convenes not fewer than four times per
4 year.
5 (b) MEMBERSHIP.—The small business integration
6 working group chartered under subsection (a) shall be
7 comprised of representatives from each of the following
8 organizations:
9 (1) The small business office of each military
10 department.
11 (2) The Small Business Innovation Research
12 Program and the Small Business Technology Trans-
13 fer Program (as such terms are defined in section
14 9(e) of the Small Business Act (15 U.S.C. 638(e)))
15 of each military department.
16 (3) The office of the Under Secretary of De-
17 fense for Acquisition and Sustainment.
18 (4) The office of the Under Secretary of De-
19 fense for Research and Engineering.
20 (5) Any other office the Secretary of Defense
22 (c) BRIEFING REQUIRED.—Not later than March 1,
23 2023, the Secretary of Defense shall brief the Committee
24 on Armed Services of the Senate and the Committee on
25 Armed Services of the House of Representatives on the
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1 establishment and activities of the small business integra-
2 tion working group chartered under subsection (a), the
3 policies enacted by the small business integration working
4 group to allow for the sharing of best practices for maxi-
5 mizing the contributions of small business concerns in the
6 defense industrial base and in acquisitions by the Depart-
7 ment of Defense, and practices for conducting oversight
8 of the activities of the military departments and other
9 components of the Department of Defense with respect to
10 small business concerns.
12 (1) MILITARY DEPARTMENT.—The term ‘‘mili-
13 tary department’’ has the meaning given such term
14 in section 101(a) of title 10, United States Code.
15 (2) SMALL BUSINESS CONCERN.—The term
16 ‘‘small business concern’’ has the meaning given
17 such term under section 3 of the Small Business Act
18 (15 U.S.C. 632).
19 SEC. 875. DEMONSTRATION OF COMMERCIAL DUE DILI-
20 GENCE FOR SMALL BUSINESS PROGRAMS.
21 (a) DEMONSTRATION REQUIRED.—Not later than

22 December 31, 2027, the Secretary of Defense shall estab-
23 lish a program to carry out a demonstration of commercial
24 due diligence tools, techniques, and processes in order to
25 support small businesses in identifying attempts by mali-
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1 cious foreign actors to gain undue access to, or foreign
2 ownership, control, or influence over—
3 (1) the small business; or
4 (2) any technology a small business is devel-
5 oping pursuant to a contract or other agreement
6 with the Department of Defense.
7 (b) ELEMENTS.—The program required under sub-
9 (1) The identification of one or more entities to
10 be responsible for the commercial due diligence tools,
11 techniques, and processes that are part of a dem-
12 onstration under the program and a description of
13 the interactions required between such entity, small
14 businesses, and the government agencies that en-
15 force such tools, techniques, and processes.
16 (2) An assessment of commercial due diligence
17 tools, techniques, and processes already in use by
18 each Office of Small Business Programs.
19 (3) The development of methods to analyze the
20 commercial due diligence tools, techniques, and proc-
21 esses that are part of a demonstration under the
22 program to—
23 (A) monitor and assess attempts described
24 in subsection (a);
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1 (B) provide information on such attempts
2 to applicable small businesses; and
3 (C) allow small businesses that are subject
4 to such attempts to provide information about
5 such attempts to the Secretary of Defense.
6 (4) The development of training and resources
7 for small businesses that can be shared directly with
8 such businesses or through a procurement technical
9 assistance program established under chapter 388 of
11 (5) The implementation of performance meas-
12 ures to assess the effectiveness of such program.
13 (c) BRIEFING REQUIRED.—Not later than April 1,
14 2023, the Secretary of Defense shall provide to the con-
15 gressional defense committees an interim briefing on the
16 program required under subsection (a) that includes the
17 following:
18 (1) An identification of any entity described in
19 subsection (b)(1).
20 (2) A description of the methodology for exe-
21 cuting any demonstrations under the program, in-
22 cluding any analytical tools or metrics identified to
23 support such a demonstration.
24 (3) A description of any identified instances of
25 attempts described in subsection (a).
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1 (4) An identification of improvements or gaps
2 in resources, capabilities, or authorities, and other
3 lessons learned from any demonstrations under the
4 program.
5 (d) ASSESSMENT.—Not later than March 1, 2028,
6 the Secretary shall submit to the congressional defense
7 committees a report on the program required under sub-
8 section (a), including any identified instances of attempts
9 described in such subsection, any lessons learned, and any
10 recommendations for legislative action related to such pro-
11 gram.
13 (1) The term ‘‘foreign ownership, control, or in-
14 fluence’’ has the meaning given in section 847 of the
16 2020 (Public Law 116–92; 133 Stat. 1505; 10
17 U.S.C. 4819 note).
18 (2) The term ‘‘Office of Small Business Pro-
19 grams’’ means—
20 (A) the Office of Small Business Programs
21 of the Department of Defense established under
22 section 144 of title 10, United States Code;
23 (B) the Office of Small Business Programs
24 of the Department of the Army established
25 under section 7024 of such title;
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1 (C) the Office of Small Business Programs
2 of the Department of the Navy established
3 under section 8028 of such title; and
4 (D) the Office of Small Business Programs
5 of the Department of the Air Force established
6 under section 9024 of such title.
7 SEC. 876. DEVELOPMENT AND ASSESSMENT OF MISSION
8 EFFECTIVENESS METRICS.

10 ordination with the service acquisition executives (as de-
11 fined in section 101(a) of title 10, United States Code),
12 shall conduct a study on the metrics necessary to assess
13 the effectiveness of the SBIR and STTR programs of the
14 Department of Defense in meeting the mission needs of
15 the Department, including by developing metrics and col-
16 lecting and assessing longitudinal data necessary for eval-
17 uation of those metrics.
18 (b) ELEMENTS.—The study required under sub-
20 (1) An assessment of the measurable ways in
21 which the SBIR and STTR programs of the Depart-
22 ment of Defense support the mission needs of the
23 Department.
24 (2) The development of recurring, quantifiable
25 metrics for measuring the ability of the SBIR and
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1 STTR programs of the Department to deliver prod-
2 ucts and services that meet the mission needs of the
3 Department.
4 (3) An evaluation of currently available data to
5 support the assessment of the metrics described in
6 paragraph (2), including the identification of areas
7 where gaps in the availability of such data exist that
8 may require collecting new data or modifying exist-
9 ing data.
10 (4) The identification of current means and
11 methods available to the Department for collecting
12 data in an automated fashion, including the identi-
13 fication of areas where gaps in the automated collec-
14 tion of data exist that may require new means for
15 collecting or visualizing data.
16 (5) The development of an analysis and assess-
17 ment methodology framework to make tradeoffs be-
18 tween the metrics described in paragraph (2) and
19 existing commercialization benchmarks of the De-
20 partment to enhance the decision-making of the De-
21 partment regarding the benefits of the SBIR and
22 STTR programs of the Department.
23 (c) BRIEFINGS.—
24 (1) INTERIM BRIEFING.—Not later than six
25 months after the enactment of this Act, the Sec-
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1 retary of Defense shall provide to the Committees on
2 Armed Services of the Senate and House of Rep-
3 resentatives a briefing on the development of the
4 metrics described in subsection (a) for the study re-
5 quired under such subsection.
6 (2) FINAL BRIEFING.—Not later than one year
7 after the enactment of this Act, the Secretary of De-
8 fense shall provide to the Committees on Armed
9 Services of the Senate and House of Representatives
10 a briefing on the results of the study required under
11 subsection (a).
13 SEC. 881. TECHNICAL CORRECTION TO EFFECTIVE DATE
14 OF THE TRANSFER OF CERTAIN TITLE 10 AC-
15 QUISITION PROVISIONS.
16 (a) IN GENERAL.—The amendments made by section

17 1701(e) and paragraphs (1) and (2) of section 802(b) of
19 2022 (Public Law 117–81) shall be deemed to have taken
20 effect immediately before the amendments made by section
21 1881 of the William M. (Mac) Thornberry National De-
23 116–283; 134 Stat. 4293).
24 (b) TREATMENT OF SECTION 4027 REQUIRE-
25 MENTS.—An individual or entity to which the require-
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1 ments under section 4027 of title 10, United States Code,
2 were applicable during the period beginning on January
3 1, 2022, and ending on the date of the enactment of this
4 Act pursuant to subsection (a) shall be deemed to have
5 complied with such requirements during such period.
6 SEC. 882. SECURITY CLEARANCE BRIDGE PILOT PROGRAM.

8 sultation with the Director of National Intelligence, shall
9 conduct a pilot program to allow the Defense Counterintel-
10 ligence and Security Agency to sponsor the personal secu-
11 rity clearances of the employees of innovative technology
12 companies that are performing a contract of the Depart-
13 ment of Defense while the Government completes the ad-
14 judication of the facility clearance application of such a
15 innovative technology company.
16 (b) ADDITIONAL REQUIREMENTS.—
17 (1) PERSONAL SECURITY CLEARANCE AUTHOR-
18 ITY.—
19 (A) IN GENERAL.—Under the pilot pro-

20 gram, the Defense Counterintelligence and Se-
21 curity Agency may nominate and sponsor the
22 personal security clearances of the employees of
23 an innovative technology company.
24 (B) LIMITATION.—Under the pilot pro-
25 gram, the Defense Counterintelligence and Se-
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863
1 curity Agency may sponsor the personal secu-
2 rity clearances of employees of not more than
3 75 innovative technology companies.
4 (2) ADJUDICATION OF THE FACILITY CLEAR-
5 ANCE APPLICATION.—Any adjudication of a facility

6 clearance application of an innovative technology
7 company described in subsection (a) shall include an
8 assessment and mitigation of foreign ownership, con-
9 trol, or influence of the innovative technology com-
10 pany, as applicable.
11 (c) CLEARANCE TRANSFER.—
13 an innovative technology company is granted facility
14 clearance, the Defense Counterintelligence and Secu-
15 rity Agency shall transfer any personal clearances of
16 employees of the innovative technology company held
17 by the Defense Counterintelligence and Security
18 Agency under the pilot program back to the innova-
19 tive technology company.
20 (2) DENIAL OF FACILITY CLEARANCE.—Not
21 later than 10 days after an innovative technology

22 company is denied facility clearance, the Defense
23 Counterintelligence and Security Agency shall re-
24 lease any personal clearances of employees of the in-
25 novative technology company held by the Defense
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864
1 Counterintelligence and Security Agency under the
2 pilot program.
3 (d) PARTICIPANT SELECTION.—The Under Secretary
4 of Defense for Research and Engineering, in consultation
5 with the Under Secretary of Defense for Acquisition and
6 Sustainment and the service acquisition executive of the
7 military department concerned (as such terms are defined,
8 respectively, in section 101 of title 10, United States
9 Code), shall select innovative technology companies to par-
10 ticipate in the pilot program.
11 (e) SUNSET.—The pilot program shall terminate on
12 December 31, 2028.
14 (1) FACILITY CLEARANCE.—The term ‘‘facility
15 clearance’’ has the meaning given the term ‘‘Facility
16 Clearance’’ in section 95.5 of title 10, Code of Fed-
17 eral Regulations, or any successor regulation.
18 (2) FOREIGN OWNERSHIP, CONTROL, OR INFLU-
19 ENCE.—The term ‘‘foreign ownership, control, or in-

20 fluence’’ has the meaning given in section 847 of the
22 2020 (Public Law 116–92; 133 Stat. 1505; 10
23 U.S.C. 4819 note).
24 (3) INNOVATIVE TECHNOLOGY COMPANY.—The
25 term ‘‘innovative technology company’’ means a non-
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865
1 traditional defense contractor (as defined in section
2 3014 of title 10, United States Code) that—
3 (A) provides goods or services related to—
4 (i) one or more of the 14 critical tech-
5 nology areas described in the memorandum
6 by the Under Secretary of Defense for Re-
7 search and Engineering issued on Feb-
8 ruary 1, 2022, entitled ‘‘USD(R&E) Tech-
9 nology Vision for an Era of Competition’’;
10 or
11 (ii) information technology, software,
12 or hardware that is unavailable from any
13 other entity that possesses a facility clear-
14 ance; and
15 (B) is selected by the Under Secretary of
16 Defense for Research and Engineering under
17 subsection (d) to participate in the pilot pro-
18 gram.
19 (4) PERSONAL SECURITY CLEARANCE.—The
20 term ‘‘personal security clearance’’ means the secu-

21 rity clearance of an individual who has received ap-
22 proval from the Department of Defense to access
23 classified information.
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1 (5) PILOT PROGRAM.—The term ‘‘pilot pro-
2 gram’’ means the pilot program established under
3 subsection (a).
4 SEC. 883. EXISTING AGREEMENT LIMITS FOR OPERATION
5 WARP SPEED.
6 The value of any modification to, or order made

7 under, a contract or other agreement by the Department
8 of Defense on or after March 1, 2020, to address the
9 COVID–19 pandemic through vaccines and other thera-
10 peutic measures shall not be counted toward any limit es-
11 tablished prior to March 1, 2020, on the total estimated
12 amount of all projects to be issued under the contract or
13 other agreement (except that the value of such modifica-
14 tion or order shall count toward meeting any guaranteed
15 minimum value under the contract or other agreement).
16 SEC. 884. INCORPORATION OF CONTROLLED UNCLASSI-
17 FIED INFORMATION GUIDANCE INTO PRO-
18 GRAM CLASSIFICATION GUIDES AND PRO-
19 GRAM PROTECTION PLANS.
20 (a) UPDATES REQUIRED.—

22 shall, acting through the Under Secretary of De-
23 fense for Intelligence and Security and the Under
24 Secretary of Defense for Research and Engineering,
25 ensure that all program classification guides (for
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1 classified programs) and all program protection
2 plans (for unclassified programs) include guidance
3 for the proper marking for controlled unclassified in-
4 formation at their next regularly scheduled update.
5 (2) ELEMENTS.—Guidance under paragraph
7 (A) A requirement to use document por-
8 tion markings for controlled unclassified infor-
9 mation.
10 (B) A process to ensure controlled unclas-
11 sified information document portion markings
12 are used properly and consistently.
13 (b) MONITORING OF PROGRESS.—In tracking the
14 progress in carrying out subsection (a), the Under Sec-
15 retary of Defense for Intelligence and Security and the
16 Under Secretary of Defense for Research and Engineering
17 shall implement a process for monitoring progress that in-
18 cludes the following:
19 (1) Tracking of all program classification
20 guides and program protection plans so they include
21 document portion marking for controlled unclassified
22 information, and the dates when controlled unclassi-
23 fied information guidance updates are completed.
24 (2) Updated training in order to ensure that all
25 government and contractor personnel using the
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1 guides described in subsection (a)(1) receive instruc-
2 tion, as well as periodic spot checks, to ensure that
3 training is sufficient and properly implemented to
4 ensure consistent application of document portion
5 marking guidance.
6 (3) A process for feedback to ensure that any
7 identified gaps or lessons learned are incorporated
8 into guidance and training instructions.
9 (c) REQUIRED COMPLETION.—The Secretary shall
10 ensure that the updates required by subsection (a) are
11 completed before January 1, 2029.
12 TITLE IX—DEPARTMENT OF DE-
13 FENSE ORGANIZATION AND
14 MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant

Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief Man-
agement Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to iden-
tify, task, and manage congressional reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with requirements re-
lating to alignment of Close Combat Lethality Task Force.
Subtitle B—Other Department of Defense Organization and Management

Matters
Sec. 911. Updates to management reform framework.

Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic spectrum
operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management systems.
Sec. 918. Report on potential transition of all members of the Space Force into
a single component.
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1 Subtitle A—Office of the Secretary
2 of Defense and Related Matters
3 SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSIST-
4 ANT AND DEPUTY ASSISTANT SECRETARIES
5 OF DEFENSE.
6 (a) ASSISTANT SECRETARY OF DEFENSE FOR CYBER

7 POLICY.—Section 138(b) of title 10, United States Code,
8 is amended by adding at the end the following new para-
9 graph:
10 ‘‘(8) One of the Assistant Secretaries is the Assistant
11 Secretary of Defense for Cyber Policy. The principal duty
12 of the Assistant Secretary shall be the overall supervision
13 of policy of the Department of Defense for cyber. The As-
14 sistant Secretary is the Principal Cyber Advisor described
15 in section 392a(a) of this title.’’.
16 (b) INCREASE IN AUTHORIZED NUMBER OF ASSIST-
17 ANT SECRETARIES OF DEFENSE.—
18 (1) INCREASE.—Section 138(a)(1) of title 10,
19 United States Code, is amended by striking ‘‘15’’
20 and inserting ‘‘19’’.
21 (2) CONFORMING AMENDMENT.—Section 5315
22 of title 5, United States Code, is amended by strik-
23 ing ‘‘Assistant Secretaries of Defense (14).’’ and in-
24 serting ‘‘Assistant Secretaries of Defense (19).’’.
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870
1 (c) INCREASE IN AUTHORIZED NUMBER OF DEPUTY
2 ASSISTANT SECRETARIES OF DEFENSE.—
3 (1) INCREASE.—Section 138 of title 10, United
4 States Code, is amended by adding at the end the
5 following new subsection:
6 ‘‘(e) The number of Deputy Assistant Secretaries of
7 Defense may not exceed 60.’’.
8 (2) CONFORMING REPEAL.—Section 908 of the
10 2018 (Public Law 115–91; 131 Stat. 1514; 10
11 U.S.C. 138 note) is repealed.
12 (d) ADDITIONAL AMENDMENTS.—Section 138(b) of
14 (1) in paragraph (2)(A)—
15 (A) in the second sentence in the matter
16 preceding clause (i), by striking ‘‘He shall have
17 as his principal duty’’ and inserting ‘‘The prin-
18 cipal duty of the Assistant Secretary shall be’’;
19 and
20 (B) in clause (ii), by striking subclause
21 (III);
22 (2) in paragraph (3), in the second sentence, by
23 striking ‘‘He shall have as his principal duty’’ and
24 inserting ‘‘The principal duty of the Assistant Sec-
25 retary shall be’’;
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871
2 (A) in subparagraph (A), by striking the
3 semicolon and inserting ‘‘; and’’;
4 (B) in subparagraph (B), by striking ‘‘;
5 and’’ inserting a period; and
6 (C) by striking subparagraph (C); and
7 (4) in paragraph (6), by striking ‘‘shall—’’ and
8 all that follows and inserting ‘‘shall advise the Under
9 Secretary of Defense for Acquisition and
10 Sustainment on industrial base policies.’’.
11 (e) EVALUATION AND REVIEW.—Section 1504 of the
13 (Public Law 117–81; 135 Stat. 2022) is amended—
14 (1) in subsection (a), by striking ‘‘Not later
15 than 180 days after the date of the enactment of
16 this Act’’ and inserting ‘‘Not later than April 1,
17 2023’’; and
19 (A) in paragraph (13), by striking ‘‘and’’
20 at the end;
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872
1 ‘‘(14) assess the need to retain or modify the
2 relationships, authorities, roles, and responsibilities
3 of the Principal Cyber Advisor described in section
4 392a(a) of title 10, United States Code;
5 ‘‘(15) assess the organizational construct of the
6 Department of Defense and how authorities, roles,
7 and responsibilities for matters relating to cyber ac-
8 tivities are distributed among the Under Secretaries,
9 Assistant Secretaries, and Deputy Assistant Secre-
10 taries of Defense and among civilian officials within
11 the military departments with roles and responsibil-
12 ities relating to cyber activities;
13 ‘‘(16) make recommendations for changes to
14 statutes affecting the organizational construct of the
15 Department of Defense to improve the oversight,
16 management, and coordination of—
17 ‘‘(A) policies, programs, and strategies re-
18 lating to cyber activities;
19 ‘‘(B) the execution of the authorities of the
20 United States Cyber Command; and
21 ‘‘(C) other matters relating to cyber activi-
22 ties; and’’.
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1 SEC. 902. CONFORMING AMENDMENTS RELATING TO RE-
2 PEAL OF POSITION OF CHIEF MANAGEMENT
3 OFFICER.

5 amended—
6 (1) in subsection (c)(2), by striking ‘‘the Chief
7 Management Officer of the Department of Defense,
9 Sustainment, the Chief Information Officer, and the
10 Chief Management Officer’’ and inserting ‘‘the Chief
11 Information Officer of the Department of Defense,
13 Sustainment, and the Chief Information Officer’’;
15 (A) in paragraph (1), by striking ‘‘the
16 Chief Management Officer’’ and inserting ‘‘the
17 Chief Information Officer’’; and
19 (i) in subparagraph (A), in the matter
20 preceding clause (i)—
21 (I) in the first sentence, by strik-
22 ing ‘‘The Chief Management Officer
23 of the Department of Defense’’ and
24 inserting ‘‘The Chief Information Of-
25 ficer of the Department of Defense, in
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874
1 coordination with the Chief Data and
2 Artificial Intelligence Officer,’’; and
3 (II) in the second sentence, by
4 striking ‘‘the Chief Management Offi-
5 cer shall’’ and inserting ‘‘the Chief In-
6 formation Officer shall’’; and
7 (ii) in subparagraph (B), in the mat-
8 ter preceding clause (i), by striking ‘‘The
9 Chief Management Officer’’ and inserting
10 ‘‘The Chief Information Officer’’;
11 (3) in subsection (f)—
12 (A) in paragraph (1), in the second sen-
13 tence, by striking ‘‘the Chief Management Offi-
14 cer and’’; and
16 (i) by redesignating subparagraphs
17 (A) and (B) as subparagraphs (B) and
18 (C), respectively;
19 (ii) by inserting before subparagraph
20 (B), as redesignated by clause (i), the fol-
21 lowing new subparagraph (A):
22 ‘‘(A) The Chief Information Officers of the
23 military departments, or their designees.’’; and
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875
1 (iii) in subparagraph (C), as so redes-
2 ignated, by adding at the end the following
3 new clause:
4 ‘‘(iv) The Chief Data and Artificial
5 Intelligence Officer of the Department of
6 Defense.’’;
7 (4) in subsection (g)(2), by striking ‘‘the Chief
8 Management Officer’’ each place it appears and in-
9 serting ‘‘the Chief Information Officer’’; and
10 (5) in subsection (i)(5)(B), by striking ‘‘the
11 Chief Management Officer’’ and inserting ‘‘the Chief
12 Information Officer’’.
13 SEC. 903. LIMITATION ON USE OF FUNDS PENDING DEM-
14 ONSTRATION OF PRODUCT TO IDENTIFY,
15 TASK, AND MANAGE CONGRESSIONAL RE-
16 PORTING REQUIREMENTS.

18 Act or otherwise made available for fiscal year 2023 for
19 operation and maintenance, Defense-wide, for the Office
20 of the Secretary of Defense, not more than 90 percent may
21 be obligated or expended until the Secretary of Defense
22 demonstrates a minimum viable product—
23 (1) to optimize and modernize the process de-
24 scribed in section 908(a) of the William M. (Mac)
25 Thornberry National Defense Authorization Act for
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1 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
2 111 note) for identifying reports to Congress re-
3 quired by annual national defense authorization
4 Acts, assigning responsibility for preparation of such
5 reports, and managing the completion and delivery
6 of such reports to Congress; and
7 (2) that includes capabilities to enable—
8 (A) direct access by the congressional de-
9 fense committees to the follow-on system to
10 that process using secure credentials;
11 (B) rapid automatic ingestion of data pro-
12 vided by those committees with respect to re-
13 ports and briefings required to be submitted to
14 Congress in a comma-separated value spread-
15 sheet;
16 (C) sortable and exportable database views
17 for tracking and research purposes;
18 (D) automated notification of relevant con-
19 gressional staff and archival systems; and
20 (E) integration with Microsoft Office.
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1 SEC. 904. LIMITATION ON USE OF FUNDS PENDING COMPLI-
2 ANCE WITH REQUIREMENTS RELATING TO
3 ALIGNMENT OF CLOSE COMBAT LETHALITY
4 TASK FORCE.

8 of the Secretary of Defense, not more than 75 percent may
9 be obligated or expended until the Department of Defense
10 complies with the requirements of section 911 of the Na-
12 (Public Law 117–81; 135 Stat. 1878) (relating to align-
13 ment of the Close Combat Lethality Task Force).
14 Subtitle B—Other Department of
15 Defense Organization and Man-
16 agement Matters
17 SEC. 911. UPDATES TO MANAGEMENT REFORM FRAME-
18 WORK.

20 amended—
22 (A) in paragraph (1), by striking ‘‘2022’’
23 and inserting ‘‘2023’’; and
24 (B) in paragraph (3), by inserting ‘‘the Di-
25 rector for Administration and Management of
26 the Department of Defense,’’ after ‘‘the Chief
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1 Information Officer of the Department of De-
2 fense,’’; and
4 (A) by redesignating paragraph (6) as
6 (B) by inserting after paragraph (5) the
8 ‘‘(6) Development and implementation of a uni-
9 form methodology for tracking and assessing cost
10 savings and cost avoidance from reform initiatives.
11 ‘‘(7) Implementation of reform-focused research
12 to improve management and administrative science.
13 ‘‘(8) Tracking and implementation of techno-
14 logical approaches to improve management decision-
15 making, such as artificial intelligence tools.’’.
16 SEC. 912. BRIEFING ON CHANGES TO UNIFIED COMMAND
17 PLAN.
18 Paragraph (2) of section 161(b) of title 10, United

20 ‘‘(2) Except during time of hostilities or imminent
21 threat of hostilities, the President shall—
22 ‘‘(A) not more than 60 days after establishing
23 a new combatant command—
24 ‘‘(i) notify Congress of the establishment
25 of such command; and
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1 ‘‘(ii) provide to Congress a briefing on the
2 establishment of such command; and
3 ‘‘(B) not more than 60 days after significantly
4 revising the missions, responsibilities, or force struc-
5 ture of an existing combatant command—
6 ‘‘(i) notify Congress of such revisions; and
7 ‘‘(ii) provide to Congress a briefing on
8 such revisions.’’.
9 SEC. 913. CLARIFICATION OF PEACETIME FUNCTIONS OF
10 THE NAVY.
11 Section 8062(a) of title 10, United States Code, is

12 amended—
13 (1) in the second sentence, by striking ‘‘pri-
14 marily’’ and inserting ‘‘for the peacetime promotion
15 of the national security interests and prosperity of
16 the United States and’’; and
17 (2) in the third sentence, by striking ‘‘for the
18 effective prosecution of war’’ and inserting ‘‘for the
19 duties described in the preceding sentence’’.
20 SEC. 914. RESPONSIBILITIES AND FUNCTIONS RELATING
21 TO ELECTROMAGNETIC SPECTRUM OPER-
22 ATIONS.
23 Section 1053(g) of the John S. McCain National De-

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1 (1) in the subsection heading, by striking
2 ‘‘TRANSFER OF RESPONSIBILITIES AND FUNCTIONS
3 RELATING TO ELECTROMAGNETIC SPECTRUM OP-
4 ERATIONS’’ and inserting ‘‘REPORT ON APPRO-
5 PRIATE ALIGNMENT OF RESPONSIBILITIES AND
6 FUNCTIONS RELATING TO ELECTROMAGNETIC

7 SPECTRUM OPERATIONS; EVALUATIONS’’;
8 (2) by striking paragraphs (1), (2), and (5);
9 (3) by inserting the following new paragraph
10 (1):
11 ‘‘(1) REPORT REQUIRED.—
12 ‘‘(A) IN GENERAL.—Not later than March

13 31, 2023, the Secretary of Defense shall submit
14 to the congressional defense committees a re-
15 port on the appropriate alignment of electro-
16 magnetic spectrum operations responsibilities
17 and functions.
18 ‘‘(B) CONSIDERATIONS.—In developing the
19 report required by subparagraph (A), the Sec-
20 retary of Defense shall consider the following:
21 ‘‘(i) The appropriate role of each ex-
22 isting organization and element of the De-
23 partment of Defense with responsibilities
24 or functions relating to electromagnetic
25 spectrum operations and the potential es-
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1 tablishment of a new entity dedicated elec-
2 tromagnetic spectrum operations within
3 one or more of those organizations or ele-
4 ments.
5 ‘‘(ii) Whether the organizational
6 structure responsible for electromagnetic
7 spectrum operations within the Depart-
8 ment—
9 ‘‘(I) should be a unitary struc-
10 ture, in which a single organization or
11 element is primarily responsible for all
12 aspects of such operations; or
13 ‘‘(II) a hybrid structure, in which
14 separate organizations or elements are
15 responsible for different aspects of
16 electromagnetic spectrum operations.
17 ‘‘(iii) The resources required to fulfill
18 the specified responsibilities and func-
19 tions.’’; and
22 SEC. 915. JOINT ALL DOMAIN COMMAND AND CONTROL.
23 (a) DIRECTION AND CONTROL OF JOINT ALL DO-

24 MAIN COMMAND AND CONTROL.—The Deputy Secretary
25 of Defense, in coordination with the Vice Chairman of the
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1 Joint Chiefs of Staff, shall oversee joint all domain com-
2 mand and control (commonly known as ‘‘JADC2’’) to en-
3 sure—
4 (1) close collaboration with the Joint Require-
5 ments Oversight Council, the combatant commands,
6 and the military services regarding operational re-
7 quirements and requirements satisfaction relating to
8 joint all domain command and control; and
9 (2) objective assessments to the Deputy Sec-
10 retary and Vice Chairman about the progress of the
11 Department of Defense in achieving the objectives of
12 joint all domain command and control.
13 (b) DEMONSTRATIONS AND FIELDING OF MISSION
14 THREADS.—
15 (1) IN GENERAL.—The Deputy Secretary and
16 Vice Chairman shall take the following actions in
17 support of the objectives described in paragraph (2):
18 (A) In consultation with the Commander
19 of the United States Indo-Pacific Command
20 and the commanders of such other combatant
21 commands as may be designated by the Deputy
22 Secretary—
23 (i) identify a prioritized list of dif-
24 ficult mission-critical operational chal-
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1 lenges specific to the area of operations of
2 the designated commands;
3 (ii) design and recommend resourcing
4 options, through the Office of Cost Anal-
5 ysis and Program Evaluation and the
6 Management Action Group of the Deputy
7 Secretary, a series of multi-domain, multi-
8 service and multi-agency, multi-platform,
9 and multisystem end-to-end integrated ki-
10 netic and non-kinetic mission threads, in-
11 cluding necessary battle management func-
12 tions, to solve the operational challenges
13 identified in clause (i);
14 (iii) demonstrate the ability to execute
15 the integrated mission threads identified in
16 clause (ii) in realistic conditions on a re-
17 peatable basis, including the ability to
18 achieve, through mission integration soft-
19 ware, interoperability among effects chain
20 components that do not conform to com-
21 mon interface standards, including the use
22 of the System of Systems Technology Inte-
23 gration Tool Chain for Heterogeneous
24 Electronic Systems (commonly known as
25 ‘‘STITCHES’’) managed by the 350th
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1 Spectrum Warfare Wing of the Depart-
2 ment of the Air Force; and
3 (iv) create a plan to deploy the mis-
4 sion threads to the area of operations of
5 the United States Indo-Pacific Command
6 and such other combatant commands as
7 may be designated by Deputy Secretary,
8 and execute the mission threads at the
9 scale and pace required to solve the identi-
10 fied operational challenges, including nec-
11 essary logistics and sustainment capabili-
12 ties.
13 (B) Designate organizations to serve as
14 transition partners for integrated mission
15 threads and ensure such integrated mission
16 threads are maintained and exercised as oper-
17 ational capabilities in the United States Indo-
18 Pacific Command and such other combatant
19 commands as may be designated by Deputy
20 Secretary.
21 (C) Designate organizations and elements
22 of the Department of Defense as the Deputy
23 Secretary determines appropriate to be respon-
24 sible for—
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1 (i) serving as mission managers for
2 composing and demonstrating the inte-
3 grated mission threads under the mission
4 management pilot program established by
5 section 871 of the National Defense Au-
6 thorization Act for Fiscal Year 2022 (Pub-
7 lic Law 117–81; 10 U.S.C. 191 note);
8 (ii) providing continuing support and
9 sustainment for, and training and exer-
10 cising of, the integrated mission threads
11 under the operational command of the
12 Commander of United States Indo-Pacific
13 Command and such other combatant com-
14 mands as may be designated by Deputy
15 Secretary;
16 (iii) planning and executing experi-
17 mentation and demonstrations with—
18 (I) Joint data integration ap-
19 proaches;
20 (II) mission integration capabili-
21 ties, especially software; and
22 (III) Joint tactics, techniques,
23 and procedures;
24 (iv) assisting in fielding mission inte-
25 gration software to encourage the develop-
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1 ment and employment of such software on
2 a larger scale, especially at the designated
3 combatant commands;
4 (v) assessing and integrating, as ap-
5 propriate, the capabilities of Assault
6 Breaker II, developed by the Defense Ad-
7 vanced Research Projects Agency, and re-
8 lated developmental efforts as those efforts
9 transition to operational deployment; and
10 (vi) integrating joint all domain com-
11 mand and control mission threads and mis-
12 sion command and control, including in
13 conflicts that arise with minimal warning,
14 and exercising other joint all domain com-
15 mand and control capabilities and func-
16 tions.
17 (D) Integrate the planning and demonstra-
18 tions of the mission threads with—
19 (i) the Production, Exploitation, and
20 Dissemination Center in the United States
21 Indo-Pacific Command;
22 (ii) the Family of Integrated Tar-
23 geting Cells; and
24 (iii) the tactical dissemination and in-
25 formation sharing systems for the Armed
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1 Forces and allies of the United States, in-
2 cluding the Mission Partner Environment
3 and the Maven Smart System.
4 (2) OBJECTIVES DESCRIBED.—The objectives
5 described in this paragraph are the following—
6 (A) to support the emphasis of the Na-
7 tional Defense Strategy on adversary-specific
8 deterrence postures;
9 (B) to support actions that can be taken
10 within the period covered by the future-years
11 defense program focused on—
12 (i) critical mission threads, such as ki-
13 netic kill chains and non-kinetic effects
14 chains; and
15 (ii) integrated concepts of operation;
16 (C) to support demonstrations and experi-
17 mentation; and
18 (D) to achieve the objectives of the Joint
19 All Domain Command and Control Strategy
20 and Implementation Plan approved by the Dep-
21 uty Secretary of Defense.
22 (c) PERFORMANCE GOALS.—The Deputy Secretary,
23 the Vice Chairman, and the commanders of such other
24 combatant commands as may be designated by the Deputy
25 Secretary shall seek to—
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1 (1) beginning in the third quarter of fiscal year
2 2023, demonstrate new integrated mission threads
3 on a regularly recurring basis multiple times each
4 year; and
5 (2) include such demonstrations, as feasible, in
6 the Rapid Defense Experimentation Reserve cam-
7 paign of experimentation, Valiant Shield, Northern
8 Edge, the Large Scale Global Exercise, the quarterly
9 Scarlet Dragon exercises, the Global Information
10 Dominance Experiments, and annual force exercises
11 in the area of responsibility of the United States
12 Indo-Pacific Command.
14 (1) The term ‘‘Deputy Secretary’’ means the
15 Deputy Secretary of Defense.
16 (2) The term ‘‘Family of Integrated Targeting
17 Cells’’ means the Maritime Targeting Cell-Afloat,
18 the Maritime Targeting Cell-Expeditionary, the Tac-
19 tical Intelligence Targeting Access Node, Tactical
20 Operations Center Medium/Light, and other inter-
21 operable command and control nodes that are able
22 to task the collection of, receive, process, and dis-
23 seminate track and targeting information from many
24 sensing systems in disconnected, denied, intermittent
25 or limited bandwidth conditions.
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1 (3) The term ‘‘joint all domain command and
2 control’’ refers to the warfighting capabilities that
3 support commander decision making at all echelons
4 from campaigning to conflict, across all domains,
5 and with partners, to deliver information advantage.
6 (4) The term ‘‘mission command’’ is the em-
7 ployment of military operations through decentral-
8 ized execution based upon mission-type orders and
9 the intent of commanders.
10 (5) The terms ‘‘mission thread’’, ‘‘kill chain’’,
11 and ‘‘effects chain’’ have the meanings given those
12 terms in the publication of the Office of the Under
13 Secretary of Defense for Research and Engineering
14 titled ‘‘Mission Engineering Guide’’ and dated No-
15 vember 2020.
16 (6) The term ‘‘Vice Chairman’’ means the Vice
17 Chairman of the Joint Chiefs of Staff.
18 SEC. 916. STRATEGIC MANAGEMENT DASHBOARD DEM-
19 ONSTRATION.

22 shall conduct a demonstration of a strategic management
23 dashboard to automate the data collection and data visual-
24 ization of the primary management goals of the Depart-
25 ment of Defense.
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1 (b) ELEMENTS.—The Secretary of Defense shall en-
2 sure that the strategic management dashboard dem-
3 onstrated under subsection (a) includes the following:
4 (1) The capability for real-time monitoring of
5 the performance of the Department of Defense in
6 meeting the management goals of the Department.
7 (2) An integrated analytics capability, including
8 the ability to dynamically add or upgrade new capa-
9 bilities when needed.
10 (3) Integration with the framework required by
11 subsection (c) of section 125a of title 10, United
12 States Code, for measuring the progress of the De-
13 partment toward covered elements of reform (as de-
14 fined in subsection (d) of that section).
15 (4) Incorporation of the elements of the stra-
16 tegic management plan required by section 904(d) of
17 the National Defense Authorization Act of Fiscal
18 Year 2008 (Public Law 110–181; 10 U.S.C. note
19 prec. 2201), as derived from automated data feeds
20 from existing information systems and databases.
21 (5) Incorporation of the elements of the most
22 recent annual performance plan of the Department
23 required by section 1115(b) of title 31, United
24 States Code, and the most recent update on per-
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1 formance of the Department required by section
2 1116 of that title.
3 (6) Use of artificial intelligence and machine
4 learning tools to improve decision making and as-
5 sessment relating to data analytics.
6 (7) Adoption of leading and lagging indicators
7 for key strategic management goals.
8 (c) AUTHORITIES.—
9 (1) IN GENERAL.—In conducting the dem-
10 onstration required by subsection (a), the Secretary
11 of Defense may use the authorities described in
12 paragraph (2), and such other authorities as the
13 Secretary considers appropriate—
14 (A) to help accelerate the development of
15 innovative technological or process approaches;
16 and
17 (B) to attract new entrants to solve the
18 data management and visualization challenges
19 of the Department.
20 (2) AUTHORITIES DESCRIBED.—The authorities
21 described in this paragraph are the authorities pro-
22 vided under the following provisions of law:
23 (A) Section 4025 of title 10, United States
24 Code (relating to prizes for advanced technology
25 achievements).
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1 (B) Section 217 of the National Defense
3 Law 114–92; 10 U.S.C. 2222 note) (relating to
4 science and technology activities to support
5 business systems information technology acqui-
6 sition programs).
7 (C) Section 908 of the National Defense
9 Law 117–81; 10 U.S.C. 129a note) (relating to
10 management innovation activities).
11 (d) USE OF BEST PRACTICES.—In conducting the
12 demonstration required by subsection (a), the Secretary
13 of Defense shall leverage commercial best practices in
14 management and leading research in management and
15 data science.
16 (e) STRATEGIC MANAGEMENT DASHBOARD DE-
17 FINED.—In this section, the term ‘‘strategic management
18 dashboard’’ means a system for dynamically displaying
19 management metrics, performance goals, and other infor-
20 mation necessary for Department of Defense leadership
21 to make strategic decisions related to the management of
22 the Department using modern, commercial practices for
23 data visualization and drawn from existing automated in-
24 formation systems available to the Department.
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1 SEC. 917. DEMONSTRATION PROGRAM FOR COMPONENT
2 CONTENT MANAGEMENT SYSTEMS.
3 (a) IN GENERAL.—Not later than July 1, 2023, the

4 Chief Information Officer of the Department of Defense,
5 in coordination with the official designated under section
6 238(b) of the John S. McCain National Defense Author-
7 ization Act for Fiscal Year 2019 (Public Law 115–232;
8 10 U.S.C. note prec. 4061), shall complete a pilot program
9 to demonstrate the application of component content man-
10 agement systems to a distinct set of data of the Depart-
11 ment.
12 (b) SELECTION OF DATA SET.—In selecting a dis-
13 tinct set of data of the Department for purposes of the
14 pilot program required by subsection (a), the Chief Infor-
15 mation Officer shall consult with, at a minimum, the fol-
16 lowing:
17 (1) The Office of the Secretary of Defense, with
18 respect to directives, instructions, and other regu-
19 latory documents of the Department.
20 (2) The Office of the Secretary of Defense and
21 the Joint Staff, with respect to execution orders.
22 (3) The Office of the Under Secretary of De-
23 fense for Research and Engineering and the military
24 departments, with respect to technical manuals.
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1 (4) The Office of the Under Secretary of De-
2 fense for Acquisition and Sustainment, with respect
3 to Contract Data Requirements List documents.
4 (c) AUTHORITY TO ENTER INTO CONTRACTS.—Sub-
5 ject to the availability of appropriations, the Secretary of
6 Defense may enter into contracts or other agreements
7 with public or private entities to conduct studies and dem-
8 onstration projects under the pilot program required by
9 subsection (a).
10 (c) BRIEFING REQUIRED.—Not later than 60 days
11 after the date of the enactment of this Act, the Chief In-
12 formation Officer shall provide to the congressional de-
13 fense committees a briefing on plans to implement the
14 pilot program required by subsection (a).
15 (d) COMPONENT CONTENT MANAGEMENT SYSTEM
16 DEFINED.—In this section, the term ‘‘component content
17 management system’’ means any content management
18 system that enables the management of content at a com-
19 ponent level instead of at the document level.
20 SEC. 918. REPORT ON POTENTIAL TRANSITION OF ALL
21 MEMBERS OF THE SPACE FORCE INTO A SIN-
22 GLE COMPONENT.
23 (a) REPORT REQUIRED.—Not later than March 1,

24 2023, the Secretary of Defense shall submit to the Com-
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1 of Representatives a report on the proposal of the Air
2 Force to transition the Space Force into a single compo-
3 nent (in this section referred to as the Space Compo-
4 nent)—
5 (1) that consists of all members of the Space
6 Force, without regard to whether such a member is,
7 under laws in effect at the time of the report, in the
8 active or reserve component of the Space Force; and
9 (2) in which such members may transfer be-
10 tween duty statuses more freely than would other-
11 wise be allowed under the laws in effect at the time
12 of the report.
15 (1) A plan that describes any rules, regulations,
16 policies, guidance, and statutory provisions that may
17 be implemented to govern—
18 (A) the ability of a member of the Space
19 Component to transfer between duty statuses,
20 the number of members authorized to make
21 such transfers, and the timing of such trans-
22 fers;
23 (B) the retirement of members of the
24 Space Component, including the determination
25 of a member’s eligibility for retirement and the
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1 calculation of the retirement benefits (including
2 benefits under laws administered by the Sec-
3 retary of Veterans Affairs) to which the mem-
4 ber would be entitled based on a career con-
5 sisting of service in duty statuses of the Space
6 Component; and
7 (C) the composition and operation of pro-
8 motion selection boards with respect to mem-
9 bers of the Space Component, including the
10 treatment of general officers by such boards.
11 (2) A comprehensive analysis of how such pro-
12 posal may affect the ability of departments and
13 agencies of the Federal Government (including de-
14 partments and agencies outside the Department of
15 Defense and the Department of Veterans Affairs) to
16 accurately calculate the pay or determine the bene-
17 fits, including health care benefits under chapter 55
18 of title 10, United States Code, to which a member
19 or former member of the Space Component is enti-
20 tled at any given time.
21 (3) Draft legislative text, prepared by the Office
22 of Legislative Counsel within the Office of the Gen-
23 eral Counsel of the Department of Defense, that
24 comprehensively sets forth all amendments and
25 modifications to Federal statutes needed to effec-
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1 tively implement the proposal described in subsection
2 (a), including—
3 (A) amendments and modifications to titles
4 10, 37, and 38, United States Code;
5 (B) amendments and modifications to Fed-
6 eral statutes outside of such titles; and
7 (C) an analysis of each provision of Fed-
8 eral statutory law that refers to the duty status
9 of a member of an Armed Force, or whether
10 such member is in an active or reserve compo-
11 nent, and, for each such provision—
12 (i) a written determination indicating
13 whether such provision requires amend-
14 ment or other modification to clarify its
15 applicability to a member of the Space
16 Component; and
17 (ii) if such an amendment or modi-
18 fication is required, draft legislative text
19 for such amendment or modification.
20 (4) An assessment of the feasibility and advis-
21 ability of—
22 (A) exempting the proposed Space Compo-
23 nent from the existing ‘‘up or out’’ system of
24 officer career advancement first established by
25 the amendments to title 10, United States
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1 Code, made by the Defense Officer Personnel
2 Management Act (Public Law 96–513; 94 Stat.
3 2835);
4 (B) combining active and reserve compo-
5 nents in a new, single Space Component and
6 whether a similar outcome could be achieved
7 using the existing active and reserve component
8 frameworks with modest statutory changes to
9 allow reserve officers to serve on sustained ac-
10 tive duty; and
11 (C) creating career flexibility for reserve
12 members of the Space Component, including in
13 shifting retirement points earned from one year
14 to the next and allowing members of the Space
15 Component to move back and forth between ac-
16 tive and reserve status for prolonged periods of
17 time across a career.
18 (5) An assessment of the implications of the
19 proposed reorganization of the Space Force on the
20 development of space as a warfighting domain in the
21 profession of arms, particularly with respect to offi-
22 cer leadership, development, and stewardship of the
23 profession.
24 (6) A determination of whether existing govern-
25 ment ethics regulations are adequate to address po-
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1 tential conflicts of interest for Space Component of-
2 ficers who seek to move back and forth between sus-
3 tained active duty and working for private sector or-
4 ganizations in the space industry as reserve officers
5 in the Space Component.
6 (7) An analysis of the following:
7 (A) Whether the proposed Space Compo-
8 nent framework is consistent with the joint
9 service requirements of chapter 38 of title 10,
11 (B) Budgetary implications of the estab-
12 lishment of the Space Component.
13 (C) The nature of the relationship with
14 private industry and civilian employers that
15 would be required and consistent with profes-
16 sional ethics to successfully implement the
17 Space Component.
18 (D) The effect of establishing a Space
19 Component on diversity and inclusion within
20 the Space Force.
21 TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.

Sec. 1002. Sense of Congress relating to the corrective action plans review
process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B—Counterdrug Activities
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Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.

Sec. 1022. Navy consultation with Marine Corps on major decisions directly
concerning Marine Corps amphibious force structure and capa-
bility.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating battle
force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning baseline
plans.
Sec. 1027. Withholding of certain information about sunken military crafts.
Sec. 1028. Business case analyses on disposition of certain Government-owned
dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D—Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or release of

individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or modify fa-
cilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for trans-
fer or release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or relinquish con-
trol of United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and unclassified

form.
Sec. 1042. Department of Defense support for funerals and memorial events
for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining assistance and
stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health incidents.
Sec. 1045. Security clearances for recently separated members of the Armed
Forces and civilian employees of the Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense sys-
tems for certain congressional staff for oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal Aus-
tralian Navy.
Sec. 1049. Standardization of sectional barge construction for Department of
Defense use on rivers and intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted commissions.
Subtitle F—Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
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Sec. 1052. Congressional notification of military information support operations
in the information environment.
Sec. 1053. Modification and continuation of reporting requirement relating to
humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with United States
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding en-
hancement of information sharing and coordination of military
training between Department of Homeland Security and De-
Sec. 1059. Continuation of requirement for annual report on National Guard
and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer excess
aircraft to other departments of the Federal Government and
authority to transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence, sur-
veillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space near
wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility multipurpose
wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on Govern-
ment Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding distinction be-
tween combatants and civilians in United States military oper-
ations.
Sec. 1068. Report on strategy and improvement of community engagement ef-
forts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the Carib-
bean.
Sec. 1070. Quarterly briefings on Department of Defense support for civil au-
thorities to address immigration at the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local gov-
ernments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational institutions re-
ceiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on Department of
Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major units of
the United States Armed Forces to certain European coun-
tries.
Sec. 1076. Report on effects of strategic competitor naval facilities in Africa.
Sec. 1081. Technical and conforming amendments.

Sec. 1082. Department of Defense Civilian Protection Center of Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
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902
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of operations of
United States Indo-Pacific Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of De-
fense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for Stra-
tegic Studies as the James M. Inhofe Center for Africa Stra-
tegic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2 joint train-
ing exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
1 Subtitle A—Financial Matters

2 SEC. 1001. GENERAL TRANSFER AUTHORITY.
3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

4 (1) AUTHORITY.—Upon determination by the
5 Secretary of Defense that such action is necessary in
6 the national interest, the Secretary may transfer
7 amounts of authorizations made available to the De-
8 partment of Defense in this division for fiscal year
9 2023 between any such authorizations for that fiscal
10 year (or any subdivisions thereof). Amounts of au-
11 thorizations so transferred shall be merged with and
12 be available for the same purposes as the authoriza-
13 tion to which transferred.
14 (2) LIMITATION.—Except as provided in para-
15 graph (3), the total amount of authorizations that
16 the Secretary may transfer under the authority of
17 this section may not exceed $6,000,000,000.
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1 (3) EXCEPTION FOR TRANSFERS BETWEEN
2 MILITARY PERSONNEL AUTHORIZATIONS.—A trans-

3 fer of funds between military personnel authoriza-
4 tions under title IV shall not be counted toward the
5 dollar limitation in paragraph (2).
6 (b) LIMITATIONS.—The authority provided by sub-
7 section (a) to transfer authorizations—
8 (1) may only be used to provide authority for
9 items that have a higher priority than the items
10 from which authority is transferred; and
11 (2) may not be used to provide authority for an
12 item that has been denied authorization by Con-
13 gress.
14 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A
15 transfer made from one account to another under the au-
16 thority of this section shall be deemed to increase the
17 amount authorized for the account to which the amount
18 is transferred by an amount equal to the amount trans-
19 ferred.
20 (d) NOTICE TO CONGRESS.—The Secretary shall
21 promptly notify Congress of each transfer made under
22 subsection (a).
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1 SEC. 1002. SENSE OF CONGRESS RELATING TO THE COR-
2 RECTIVE ACTION PLANS REVIEW PROCESS.
3 It is the sense of Congress that the Under Secretary

4 of Defense (Comptroller) should—
5 (1) take appropriate steps to improve the cor-
6 rective action plans review process, including by link-
7 ing notices of findings and recommendations with
8 the corrective action plans to address such notices;
9 and
10 (2) update Department of Defense guidance to
11 instruct the Department and its components to doc-
12 ument root cause analysis when needed to address
13 deficiencies auditors have identified.
14 SEC. 1003. ANNUAL REPORTS ON BUDGETARY EFFECTS OF
15 INFLATION.
16 (a) ANNUAL REPORT.—Not later than 30 days after

17 the date of the submission of the President’s budget for
18 a fiscal year under section 1105 of title 31, United States
19 Code, the Secretary of Defense shall deliver to the con-
20 gressional defense committees a report on observed and
21 anticipated budgetary effects related to inflation, includ-
22 ing—
23 (1) for each Department of Defense appropria-
24 tion account—
25 (A) the amount appropriated for the fiscal
26 year preceding the fiscal year during which the
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1 report is submitted, the amount appropriated
2 for the fiscal year during which the report is
3 submitted, and the amount requested for the
4 fiscal year for which the budget is submitted;
5 (B) the relevant inflation index applied to
6 each such account at the time of the budget
7 submission for the fiscal year preceding the fis-
8 cal year during which the report is submitted,
9 the fiscal year during which the report is sub-
10 mitted, and the fiscal year for which the budget
11 is submitted;
12 (C) the actual inflationary budgetary ef-
13 fects on each such account for the fiscal year
14 preceding the fiscal year during which the re-
15 port is submitted;
16 (D) the estimated inflationary budgetary
17 effects for the fiscal year during which the re-
18 port is submitted and the fiscal year for which
19 the budget is submitted; and
20 (E) a calculation of estimated budgetary
21 effects due to inflation using the estimated indi-
22 ces for the fiscal year during which the report
23 is submitted compared to the estimated indices
24 for the fiscal year for the budget is submitted.
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1 (2) for the fiscal year preceding the fiscal year
2 during which the report is submitted, the fiscal year
3 during which the report is submitted, and the fiscal
4 year for which the budget is submitted, a summary
5 of any requests for equitable adjustment, exercising
6 of economic price adjustment (hereinafter referred to
7 as ‘‘EPA’’) clauses, or bilateral contract modifica-
8 tions to include an EPA, including the contract type
9 and fiscal year and the type and amount of appro-
10 priated funds used for the contract;
11 (3) a summary of any methodological changes
12 in Department of Defense cost estimation practices
13 for inflationary budgetary effects for the fiscal year
14 during which the report is submitted and the fiscal
15 year for which the budget is submitted; and
16 (4) any other matters the Secretary determines
17 appropriate.
18 (b) PERIODIC BRIEFING.—Not later than 60 days
19 after the conclusion of the Department of Defense budget
20 mid-year review, the Secretary of Defense shall provide the
21 congressional defense committees with a briefing on—
22 (1) any changes in the observed or anticipated
23 inflation indices included in the report required
24 under subsection (a);
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907
1 (2) any actions taken by the Department of De-
2 fense to respond to changes discussed in such report,
3 with specific dollar value figures; and
4 (3) any requests for equitable adjustment re-
5 ceived by the Department of Defense, economic price
6 adjustment clauses exercised, or bilateral contract
7 modifications to include an EPA made since the sub-
8 mission of the report required under subsection (a).
9 (c) TERMINATION.—The requirement to submit a re-
10 port under subsection (a) and the requirement to provide
11 a briefing under subsection (b) shall terminate on the date
12 that is five years after the date of the enactment of this
13 Act.
14 Subtitle B—Counterdrug Activities
15 SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNI-
16 FIED COUNTERDRUG AND COUNTERTER-
17 RORISM CAMPAIGN IN COLOMBIA.
18 Section 1021 of the Ronald W. Reagan National De-

20 108–375; 118 Stat. 2042), as most recently amended by
21 section 1007 of the National Defense Authorization Act
23 1889), is further amended—
24 (1) in subsection (a)(1), by striking ‘‘2023’’ and
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908
1 (2) in subsection (c), by striking ‘‘2023’’ and
4 ‘‘(h) ANNUAL REPORT ON PLAN COLOMBIA.—Not
5 later than 30 days after the end of each fiscal year from
6 2023 to 2025, the Secretary of Defense shall submit to
7 the congressional defense committees and the Committee
8 on Foreign Relations of the Senate and the Committee
9 on Foreign Affairs of the House of Representatives a re-
10 port that includes the following:
11 ‘‘(1) An assessment of the threat to Colombia
12 from narcotics trafficking and activities by organiza-
13 tions designated as foreign terrorist organizations
14 under section 219(a) of the Immigration and Na-
15 tionality Act (8 U.S.C. 1189(a)).
16 ‘‘(2) A description of the plan of the Govern-
17 ment of Colombia for the unified campaign described
18 in subsection (a).
19 ‘‘(3) A description of the activities supported
20 using the authority provided by subsection (a).
21 ‘‘(4) An assessment of the effectiveness of the
22 activities described in paragraph (3) in addressing
23 the threat described in paragraph (1).’’.
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1 Subtitle C—Naval Vessels and
2 Shipyards
3 SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CON-
4 STRUCTION PLAN.

6 amended by adding at the end the following new subpara-
7 graph:
8 ‘‘(J) For any class of battle force ship for which
9 the procurement of the final ship of the class is pro-
10 posed in the relevant future-years defense program
11 submitted under section 221 of this title—
12 ‘‘(i) a description of the expected specific
13 effects on the Navy shipbuilding industrial base
14 of—
15 ‘‘(I) the termination of the production
16 program for the ship and the transition to
17 a new or modified production program, or
18 ‘‘(II) the termination of the produc-
19 tion program for the ship without a new or
20 modified production program to replace it;
21 and
22 ‘‘(ii) in the case of any such production
23 program for which a replacement production
24 program is proposed, a detailed schedule for the
25 replacement production program with planned
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910
1 decision points, solicitations, and contract
2 awards.’’.
3 SEC. 1022. NAVY CONSULTATION WITH MARINE CORPS ON
4 MAJOR DECISIONS DIRECTLY CONCERNING
5 MARINE CORPS AMPHIBIOUS FORCE STRUC-
6 TURE AND CAPABILITY.

8 States Code, is amended by inserting ‘‘or amphibious force
9 structure and capability’’ after ‘‘Marine Corps aviation’’.
10 (b) CLERICAL AMENDMENTS.—
11 (1) SECTION HEADING.—The heading of such
12 section is amended by inserting ‘‘or amphibious
13 force structure and capability’’ after ‘‘avia-
14 tion’’.
15 (2) TABLE OF SECTIONS.—The table of sections
16 at the beginning of chapter 803 of such title is
18 8026 and inserting the following new item:
‘‘8026. Consultation with Commandant of the Marine Corps on major decisions
directly concerning Marine Corps aviation or amphibious force
structure and capability.’’.
19 SEC. 1023. AMPHIBIOUS WARSHIP FORCE STRUCTURE.

21 amended—
23 (A) in the first sentence, by inserting ‘‘and
24 not less than 31 operational amphibious war-
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911
1 fare ships, of which not less than 10 shall be
2 amphibious assault ships’’ before the period;
3 and
4 (B) in the second sentence—
5 (i) by inserting ‘‘or amphibious war-
6 fare ship’’ before ‘‘includes’’; and
7 (ii) by inserting ‘‘or amphibious war-
8 fare ship’’ before ‘‘that is temporarily un-
9 available’’; and
11 section:
12 ‘‘(g) In this section, the term ‘amphibious warfare
13 ship’ means a ship that is classified as an amphibious as-
14 sault ship (general purpose) (LHA), an amphibious as-
15 sault ship (multi-purpose) (LHD), an amphibious trans-
16 port dock (LPD), or a dock landing ship (LSD).’’.
17 SEC. 1024. MODIFICATION TO LIMITATION ON DECOMMIS-
18 SIONING OR INACTIVATING BATTLE FORCE
19 SHIPS BEFORE END OF EXPECTED SERVICE
20 LIFE.
21 (a) IN GENERAL.—Section 8678a(b) of title 10,

23 (1) in paragraph (1), by inserting ‘‘by not later
24 than three days after the date on which the Presi-
25 dent submits the budget materials under section
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912
1 1105(a) of title 31 for the fiscal year in which such
2 waiver is sought’’ after ‘‘such ship’’; and
3 (2) in paragraph (2), by striking ‘‘such certifi-
4 cation was submitted’’ and inserting ‘‘the National
5 Defense Authorization Act for such fiscal year is en-
6 acted’’.
7 (b) NO EFFECT ON CERTAIN SHIPS.—The amend-
8 ments made by subsection (a) do not apply to a battle
9 force ship (as such term is defined in section 8678a(e)(1)
10 of title 10, United States Code) that is proposed to be
11 decommissioned or inactivated during fiscal year 2023.
12 SEC. 1025. AMPHIBIOUS WARFARE SHIP ASSESSMENT AND
13 REQUIREMENTS.

16 section:
17 ‘‘(e) AMPHIBIOUS WARFARE SHIPS.—In preparing
18 each assessment and requirement under subsection (a),
19 the Commandant of the Marine Corps shall be specifically
20 responsible for developing the requirements relating to
21 amphibious warfare ships.’’.
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913
1 SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, MAINTE-
2 NANCE, AND MANNING BASELINE PLANS.

6 ‘‘§ 8696. Battle force ship employment, maintenance,
7 and manning baseline plans
8 ‘‘(a) IN GENERAL.—Not later than 45 days after the

9 date of the delivery of the first ship in a new class of battle
10 force ships, the Secretary of the Navy shall submit to the
11 congressional defense committees a report on the employ-
12 ment, maintenance, and manning baseline plans for the
13 class, including a description of the following:
14 ‘‘(1) The sustainment and maintenance plans
15 for the class that encompass the number of years
16 the class is expected to be in service, including—
17 ‘‘(A) the allocation of maintenance tasks
18 among organizational, intermediate, depot, or
19 other activities;
20 ‘‘(B) the planned duration and interval of
21 maintenance for all depot-level maintenance
22 availabilities; and
23 ‘‘(C) the planned duration and interval of
24 drydock maintenance periods.
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1 ‘‘(2) Any contractually required integrated lo-
2 gistics support deliverables for the ship, including
3 technical manuals, and an identification of—
4 ‘‘(A) the deliverables provided to the Gov-
5 ernment on or before the delivery date; and
6 ‘‘(B) the deliverables not provided to the
7 Government on or before the delivery date and
8 the expected dates those deliverables will be
9 provided to the Government.
10 ‘‘(3) The planned maintenance system for the
11 ship, including—
12 ‘‘(A) the elements of the system, including
13 maintenance requirement cards, completed on
14 or before the delivery date;
15 ‘‘(B) the elements of the system not com-
16 pleted on or before the delivery date and the ex-
17 pected completion date of those elements; and
18 ‘‘(C) the plans to complete planned main-
19 tenance from the delivery date until all elements
20 of the system have been completed.
21 ‘‘(4) The coordinated shipboard allowance list
22 for the class, including—
23 ‘‘(A) the items on the list onboard on or
24 before the delivery date; and
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1 ‘‘(B) the items on the list not onboard on
2 or before the delivery date and the expected ar-
3 rival date of those items.
4 ‘‘(5) The ship manpower document for the
5 class, including—
6 ‘‘(A) the number of officers by grade and
7 designator; and
8 ‘‘(B) the number of enlisted personnel by
9 rate and rating.
10 ‘‘(6) The personnel billets authorized for the
11 ship for the fiscal year in which the ship is delivered
12 and each of the four fiscal years thereafter, includ-
13 ing—
15 designator; and
17 rate and rating.
18 ‘‘(7) Programmed funding for manning and end
19 strength on the ship for the fiscal year in which the
20 ship is delivered and each of the four fiscal years
21 thereafter, including—
23 designator; and
25 rate and rating.
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1 ‘‘(8) Personnel assigned to the ship on the de-
2 livery date, including—
4 designator; and
6 rate and rating.
7 ‘‘(9) For each critical hull, mechanical, elec-
8 trical, propulsion, and combat system of the class as
9 so designated by the Senior Technical Authority pur-
10 suant to section 8669b(c)(2)(C) of this title, the fol-
11 lowing:
12 ‘‘(A) The Government-provided training
13 available for personnel assigned to the ship at
14 the time of delivery, including the nature, objec-
15 tives, duration, and location of the training.
16 ‘‘(B) The contractor-provided training
17 available for personnel assigned to the ship at
18 the time of delivery, including the nature, objec-
19 tives, duration, and location of the training.
20 ‘‘(C) Plans to adjust how the training de-
21 scribed in subparagraphs (A) and (B) will be
22 provided to personnel after delivery, including
23 the nature and timeline of those adjustments.
24 ‘‘(10) The notional employment schedule of the
25 ship for each month of the fiscal year in which the
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1 ship is delivered and each of the four fiscal years
2 thereafter, including an identification of time spent
3 in the following phases:
4 ‘‘(A) Basic.
5 ‘‘(B) Integrated or advanced.
6 ‘‘(C) Deployment.
7 ‘‘(D) Maintenance.
8 ‘‘(E) Sustainment.
9 ‘‘(b) NOTIFICATION REQUIRED.—Not less than 30
10 days before implementing a significant change to the base-
11 line plans described in subsection (a) or any subsequent
12 significant change, the Secretary of the Navy shall submit
13 to the congressional defense committees written notifica-
14 tion of the change, including for each such change the fol-
15 lowing:
16 ‘‘(1) An explanation of the change.
17 ‘‘(2) The desired outcome.
18 ‘‘(3) The rationale.
19 ‘‘(4) The duration.
20 ‘‘(5) The operational effects.
21 ‘‘(6) The budgetary effects, including—
22 ‘‘(A) for the year in which the change is
23 made;
24 ‘‘(B) over the five years thereafter; and
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1 ‘‘(C) over the expected service life of the
2 relevant class of battle force ships.
3 ‘‘(7) The personnel effects, including—
5 made;
9 ‘‘(8) The sustainment and maintenance effects,
10 including—
12 made;
16 ‘‘(c) TREATMENT OF CERTAIN SHIPS.—(1) For the
17 purposes of this section, the Secretary of the Navy shall
18 treat as the first ship in a new class of battle force ships
19 the following:
20 ‘‘(A) U.S.S. John F. Kennedy (CVN–79).
21 ‘‘(B) U.S.S. Michael Monsoor (DDG–1001).
22 ‘‘(C) U.S.S. Jack H. Lucas (DDG–125).
23 ‘‘(2) For each ship described in paragraph (1), the
24 Senior Technical Authority shall identify critical systems
25 for the purposes of subsection (a)(9).
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1 ‘‘(d) DEFINITIONS.—In this section:
2 ‘‘(1) The term ‘battle force ship’ means the fol-
3 lowing:
4 ‘‘(A) A commissioned United States Ship
5 warship capable of contributing to combat oper-
6 ations.
7 ‘‘(B) A United States Naval Ship that con-
8 tributes directly to Navy warfighting or support
9 missions.
10 ‘‘(2) The term ‘delivery’ has the meaning pro-
11 vided for in section 8671 of this title.
12 ‘‘(3) The term ‘Senior Technical Authority’ has
13 the meaning provided for in section 8669b of this
14 title.’’.
17 by adding at the end the following new item:
‘‘8696. Battle force ship employment, maintenance, and manning baseline
plans.’’.
18 SEC. 1027. WITHHOLDING OF CERTAIN INFORMATION
19 ABOUT SUNKEN MILITARY CRAFTS.
20 Section 1406 of the Sunken Military Craft Act (title

21 XIV of Public Law 108–375; 10 U.S.C. 113 note) is
23 section:
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1 ‘‘(j) WITHHOLDING OF CERTAIN INFORMATION.—
2 Pursuant to subparagraphs (A)(ii) and (B) of section
3 552(b)(3) of title 5 United States Code, the Secretary con-
4 cerned may withhold from public disclosure information
5 and data about the location or related artifacts of a sunk-
6 en military craft under the jurisdiction of the Secretary,
7 if such disclosure would increase the risk of the unauthor-
8 ized disturbance of one or more sunken military craft.’’.
9 SEC. 1028. BUSINESS CASE ANALYSES ON DISPOSITION OF
10 CERTAIN GOVERNMENT-OWNED DRY-DOCKS.
11 (a) AFDM-10.—Not later than June 1, 2023, the

12 Secretary of the Navy shall submit to the congressional
13 defense committees the results of a business case analysis
14 for Auxiliary Floating Dock, Medium-10 (in this section
15 referred to as ‘‘AFDM-10’’) that compares the following
16 options:
17 (1) The continued use of AFDM-10, in the
18 same location and under the same lease authorities
19 in effect on the date of the enactment of this Act.
20 (2) The relocation of AFDM-10 to Naval Sta-
21 tion Everett, including all infrastructure support re-
22 quirement costs and anticipated operating costs.
23 (3) The relocation and use of AFDM-10 in al-
24 ternate locations under the same lease authorities in
25 effect on the date of the enactment of this Act, in-
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1 cluding all infrastructure support requirement costs
2 and anticipated operating costs.
3 (4) The relocation and use of AFDM-10 in al-
4 ternate locations under alternative lease authorities.
5 (5) The conveyance of AFDM-10 at a fair mar-
6 ket rate to an appropriate non-Government entity
7 with expertise in the non-nuclear ship repair indus-
8 try.
9 (6) Such other options as the Secretary deter-
11 (b) GRAVING DOCK AT NAVAL BASE, SAN DIEGO.—
12 Not later than June 1, 2023, the Secretary of the Navy
13 shall submit to the congressional defense committees the
14 results of a business case analysis for the Government-
15 owned graving dock at Naval Base San Diego, California,
16 that compares the following options:
17 (1) The continued use of such graving dock, in
18 accordance with the utilization strategy described in
19 the May 25, 2022 report to Congress entitled ‘‘Navy
20 Dry Dock Strategy for Surface Ship Maintenance
21 and Repair’’.
22 (2) Such other options as the Secretary deter-
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1 (c) MATTERS FOR EVALUATION.—The business case
2 analyses required under subsections (a) and (b) shall each
3 include an evaluation of each of the following:
4 (1) The extent to which the Secretary plans to
5 execute a consistent and balanced docking strategy
6 that ensures the health of private sector mainte-
7 nance and repair capability and capacity.
8 (2) Legal, regulatory, and other requirements
9 applicable to each of the options considered under
10 each such analysis, including environmental docu-
11 mentation, and the effect that such requirements are
12 projected to have on the cost and schedule of such
13 option.
14 (3) The extent to which the Secretary is consid-
15 ering adding dry dock capacity, including an anal-
16 ysis of the projected cost of adding such capacity
17 and the potential effects of adding such capacity on
18 private sector repair and maintenance facilities.
19 (4) The projected use by the Navy of Govern-
20 ment and non-Government dry docks assets through
21 fiscal year 2027.
22 (5) For each option considered under each such
23 analysis, the projected implementation timeline and
24 costs.
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1 (6) For each option considered under each such
2 analysis, the relative maintenance capacity and out-
3 put.
4 SEC. 1029. PROHIBITION ON RETIREMENT OF CERTAIN
5 NAVAL VESSELS.
6 (a) IN GENERAL.—None of the funds authorized to

7 be appropriated by this Act for fiscal year 2023 may be
8 obligated or expended to retire, prepare to retire, or place
9 in storage—
10 (1) any of the naval vessels referred to in sub-
11 section (b); or
12 (2) more than four Littoral Combat Ships.
13 (b) NAVAL VESSELS.—The naval vessels referred to
15 (1) USS Vicksburg (CG 69).
16 (2) USS Germantown (LSD 42).
17 (3) USS Gunston Hall (LSD 44).
18 (4) USS Tortuga (LSD 46).
19 (5) USS Ashland (LSD 48).
20 (6) USNS Montford Point (T–ESD 1).
21 (7) USNS John Glenn (T–ESD 2).
22 (c) LITTORAL COMBAT SHIPS.—In the case of any
23 Littoral Combat Ship that is retired, prepared to retire,
24 or placed in storage using funds authorized to be appro-
25 priated by this Act for fiscal year 2023, the Secretary of
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924
1 Defense shall ensure that such vessel is evaluated for po-
2 tential transfer to the military forces of a nation that is
3 an ally or partner of the United States.
4 Subtitle D—Counterterrorism
5 SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS
6 FOR TRANSFER OR RELEASE OF INDIVID-
7 UALS DETAINED AT UNITED STATES NAVAL
8 STATION, GUANTANAMO BAY, CUBA, TO THE
9 UNITED STATES.
10 Section 1033 of the John S. McCain National De-

15 1901), is further amended by striking ‘‘December 31,
16 2022’’ and inserting ‘‘December 31, 2023’’.
18 TO CONSTRUCT OR MODIFY FACILITIES IN
19 THE UNITED STATES TO HOUSE DETAINEES
20 TRANSFERRED FROM UNITED STATES NAVAL
21 STATION, GUANTANAMO BAY, CUBA.
22 Section 1034(a) of the John S. McCain National De-

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December 6, 2022 (7:20 p.m.)
925
2 1901), is further amended by striking ‘‘December 31,
4 SEC. 1033. MODIFICATION AND EXTENSION OF PROHIBI-
5 TION ON USE OF FUNDS FOR TRANSFER OR
6 RELEASE OF INDIVIDUALS DETAINED AT
7 UNITED STATES NAVAL STATION, GUANTA-
8 NAMO BAY, CUBA, TO CERTAIN COUNTRIES.
9 Section 1035 of the John S. McCain National De-

14 1901), is further amended—
15 (1) by striking ‘‘December 31, 2022’’ and in-
16 serting ‘‘December 31, 2023’’;
19 (3) by inserting before paragraph (2), as so re-
20 designated, the following new paragraph:
21 ‘‘(1) Afghanistan.’’.
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December 6, 2022 (7:20 p.m.)
926
2 TO CLOSE OR RELINQUISH CONTROL OF
3 UNITED STATES NAVAL STATION, GUANTA-
4 NAMO BAY, CUBA.

7 1551), as most recently amended by section 1035 of the
9 (Public Law 117–81; 135 Stat. 1901), is further amended
10 by striking ‘‘2022’’ and inserting ‘‘2023’’.
11 Subtitle E—Miscellaneous
12 Authorities and Limitations
13 SEC. 1041. SUBMISSION OF NATIONAL DEFENSE STRATEGY
14 IN CLASSIFIED AND UNCLASSIFIED FORM.
15 Section 113(g)(1)(D) of title 10, United States Code,

16 is amended by striking ‘‘in classified form with an unclas-
17 sified summary.’’ and inserting ‘‘in both classified and un-
18 classified form. The unclassified form may not be a sum-
19 mary of the classified document.’’.
20 SEC. 1042. DEPARTMENT OF DEFENSE SUPPORT FOR FU-
21 NERALS AND MEMORIAL EVENTS FOR MEM-
22 BERS AND FORMER MEMBERS OF CONGRESS.

24 States Code, is amended by inserting after section 130 the
25 following new section:
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927
1 ‘‘§ 130a. Department of Defense support for funerals
2 and memorial events for Members and
3 former Members of Congress
4 ‘‘(a) SUPPORT FOR FUNERALS.—Subject to sub-

5 section (b), the Secretary of Defense may provide such
6 support as the Secretary considers appropriate for a fu-
7 neral or memorial event for a Member or former Member
8 of Congress, including support with respect to transpor-
9 tation to and from such a funeral or memorial event, in
10 accordance with this section.
11 ‘‘(b) REQUESTS FOR SUPPORT; SECRETARY DETER-
12 MINATION.—The Secretary may provide support under
13 this section—
14 ‘‘(1) upon request from the Speaker of the
15 House of Representatives, the Minority Leader of
16 the House of Representatives, the Majority Leader
17 of the Senate, or the Minority Leader of the Senate;
18 or
19 ‘‘(2) if the Secretary determines such support is
20 necessary to carry out duties or responsibilities of
22 ‘‘(c) USE OF FUNDS.—The Secretary may use funds
23 authorized to be appropriated for operation and mainte-
24 nance to provide support under this section.’’.
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1 after the item relating to section 130 the following new
2 item:
‘‘130a. Department of Defense support for funerals and memorial events for
Members and former Members of Congress.’’.
3 SEC. 1043. MODIFICATION OF AUTHORITY FOR HUMANI-
4 TARIAN DEMINING ASSISTANCE AND STOCK-
5 PILED CONVENTIONAL MUNITIONS ASSIST-
6 ANCE.
7 (a) LOCATION OF ASSISTANCE.—Section 407 of title

11 (A)—
12 (i) by striking ‘‘carry out’’ and insert-
13 ing ‘‘provide’’; and
14 (ii) by striking ‘‘in a country’’ and in-
15 serting ‘‘to a country’’; and
16 (B) in subparagraph (A), by striking ‘‘in
17 which the activities are to be carried out’’ and
18 inserting ‘‘to which the assistance is to be pro-
19 vided’’; and
22 (i) by striking ‘‘in which’’ and insert-
23 ing ‘‘to which’’; and
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December 6, 2022 (7:20 p.m.)
929
1 (ii) by striking ‘‘carried out’’ and in-
2 serting ‘‘provided’’;
3 (B) in paragraph (2), by striking ‘‘carried
4 out in’’ and inserting ‘‘provided to’’;
6 (i) by striking ‘‘in which’’ and insert-
7 ing ‘‘to which’’; and
8 (ii) by striking ‘‘carried out’’ and in-
9 serting ‘‘provided’’; and
10 (D) in paragraph (4), by striking ‘‘in car-
11 rying out such assistance in each such country’’
12 and inserting ‘‘in providing such assistance to
13 each such country’’.
14 (b) EXPENSES.—Subsection (c) of such section 407
15 is amended—
16 (1) in paragraph (2), by adding at the end the
17 following new subparagraph:
18 ‘‘(C) Travel, transportation, and subsistence ex-
19 penses of foreign personnel to attend training pro-
20 vided by the Department of Defense under this sec-
21 tion.’’; and
22 (2) by striking paragraph (3).
23 (c) REPORT.—Subsection (d) of such section 407, as
24 amended by subsection (a)(2) of this section, is further
25 amended in the matter preceding paragraph (1), by strik-
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December 6, 2022 (7:20 p.m.)
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1 ing ‘‘include in the annual report under section 401 of
2 this title a separate discussion of’’ and inserting ‘‘submit
3 to the Committee on Armed Services and the Committee
4 on Foreign Relations of the Senate and the Committee
5 on Armed Services and the Committee on Foreign Affairs
6 of the House of Representatives a report on’’.
7 SEC. 1044. MODIFICATION OF PROVISIONS RELATING TO
8 ANOMALOUS HEALTH INCIDENTS.
9 (a) CROSS-FUNCTIONAL TEAM.—Section 910 of the

11 (Public Law 117–81; 10 U.S.C. 111 note) is amended—
13 (A) in paragraph (1), by striking ‘‘and any
14 other’’ and all that follows through ‘‘necessary;
15 and’’ and inserting ‘‘, including the causation,
16 attribution, mitigation, identification, and treat-
17 ment for such incidents;’’;
19 (i) by inserting ‘‘and deconflict’’ after
20 ‘‘integrate’’;
21 (ii) by striking ‘‘agency’’ and inserting
22 ‘‘agencies’’; and
23 (iii) by striking the period at the end
24 and inserting ‘‘; and’’; and
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931
2 paragraph:
3 ‘‘(3) any other efforts regarding such incidents
4 that the Secretary considers appropriate.’’; and
5 (2) in subsection (e)(2), by striking ‘‘90 days’’
6 and all that follows through ‘‘of enactment’’ and in-
7 serting ‘‘March 1, 2023, and not less frequently
8 than once every 180 days thereafter until March 1,
9 2026’’.
10 (b) ACCESS TO CERTAIN FACILITIES OF DEPART-
11 MENT OF DEFENSE.—Section 732 of the National De-
13 117–81; 135 Stat. 1797; 10 U.S.C. 1071 note) is amend-
14 ed—
15 (1) in the section heading, by striking
16 ‘‘UNITED STATES GOVERNMENT EMPLOYEES
17 AND THEIR FAMILY MEMBERS’’ and inserting

18 ‘‘COVERED INDIVIDUALS’’;
19 (2) in subsection (a), by striking ‘‘employees of

20 the United States Government and their family
21 members who’’ and inserting ‘‘covered individuals
22 whom’’;
23 (3) in subsection (c), by striking ‘‘employees
24 from those agencies and their family members’’ and
25 inserting ‘‘covered individuals’’;
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932
2 (A) by striking ‘‘employees of the United
3 States Government and their family members’’
4 and inserting ‘‘covered individuals’’; and
5 (B) by striking ‘‘subject to an agreement
6 by the employing agency and the consent of the
7 employee’’ and inserting ‘‘subject to the consent
8 of the covered individual and, if applicable, an
9 agreement with the employing agency’’; and
11 section:
12 ‘‘(e) COVERED INDIVIDUALS DEFINED.—In this sec-
13 tion, the term ‘covered individuals’ means—
14 ‘‘(1) current and former employees of the
15 United States Government and their family mem-
16 bers; and
17 ‘‘(2) current and former members of the Armed
18 Forces and their family members.’’.
19 SEC. 1045. SECURITY CLEARANCES FOR RECENTLY SEPA-
20 RATED MEMBERS OF THE ARMED FORCES
21 AND CIVILIAN EMPLOYEES OF THE DEPART-
22 MENT OF DEFENSE.
23 (a) IMPROVEMENTS.—
24 (1) IN GENERAL.—No later than September 30,
25 2023, the Secretary of Defense, in coordination with
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December 6, 2022 (7:20 p.m.)
933
1 the Director of National Intelligence when acting as
2 the Security Executive Agent, shall establish a proc-
3 ess to—
4 (A) determine, on the date on which a cov-
5 ered individual separates from the Armed
6 Forces or the Department of Defense (as the
7 case may be), whether the covered individual
8 held an eligibility to access classified informa-
9 tion or to occupy a sensitive position imme-
10 diately prior to such separation and requires an
11 eligibility of an equal or lower level for employ-
12 ment as a covered contractor, except as pro-
13 vided in subsection (b);
14 (B) ensure that the re-establishment of
15 trust of a covered individual’s eligibility to oc-
16 cupy a sensitive position takes place expedi-
17 tiously, in accordance with applicable laws, Ex-
18 ecutive Orders, or Security Executive Agent
19 policy; and
20 (C) ensure that any additional security
21 processing required to re-establish trust to rein-
22 state a covered individual’s eligibility to access
23 classified information or occupy a sensitive posi-
24 tion takes place expeditiously.
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934
1 (2) COAST GUARD.—In the case of a member of
2 the Armed Forces who is a member of the Coast
3 Guard, the Secretary of Defense shall carry out
4 paragraph (1) in consultation with the Secretary of
5 the Department in which the Coast Guard is oper-
6 ating.
7 (b) EXCEPTIONS.—
8 (1) IN GENERAL.—Subsection (a) shall not
9 apply with respect to a covered individual—
10 (A) whose previously held security clear-
11 ance is, or was as of the date of separation of
12 the covered individual, under review as a result
13 of one or more potentially disqualifying factors
14 or conditions that have not been fully inves-
15 tigated or mitigated; or
16 (B) in the case of a member of the Armed
17 Forces, who separated from the Armed Forces
18 under other than honorable conditions.
19 (2) CLARIFICATION OF REVIEW EXCEPTION.—
20 The exception specified in paragraph (1)(A) shall

21 not apply with respect to a routine periodic reinves-
22 tigation or a continuous vetting investigation in
23 which no potentially disqualifying factors or condi-
24 tions have been found.
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935
1 (1) The term ‘‘covered contractor’’ means an
2 individual who is employed by an entity that carries
3 out work under a contract with the Department of
4 Defense or an element of the intelligence community.
5 (2) The term ‘‘covered individual’’ means a
6 former member of the Armed Forces or a former ci-
7 vilian employee of the Department of Defense.
8 (3) The term ‘‘intelligence community’’ has the
9 meaning given that term in section 3 of the National
10 Security Act of 1947 (50 U.S.C. 3003).
11 SEC. 1046. INTEGRATED AND AUTHENTICATED ACCESS TO
12 DEPARTMENT OF DEFENSE SYSTEMS FOR
13 CERTAIN CONGRESSIONAL STAFF FOR OVER-
14 SIGHT PURPOSES.

16 develop processes and procedures under which the Sec-
17 retary shall issue access tokens to staff of the congres-
18 sional defense committees to facilitate the performance of
19 required congressional oversight activities. Such access to-
20 kens shall—
21 (1) provide designated and authenticated staff
22 with access to designated Department of Defense in-
23 formation systems, including—
24 (A) the reporting system described in sec-
25 tion 805(b) of the National Defense Authoriza-
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December 6, 2022 (7:20 p.m.)
936
2 117–81) that will replace the Selected Acquisi-
3 tion Report requirements under section 4351 of
4 title 10, United States Code; and
5 (B) the process referred to in section 908
6 of the William (Mac) Thornberry National De-
8 (Public Law 116–283) that is used by the De-
9 partment of Defense to identify reports to Con-
10 gress required by annual national defense au-
11 thorization Acts, assign responsibility for prepa-
12 ration of such reports, and manage the comple-
13 tion and delivery of such reports to Congress;
14 and
15 (2) to the extent feasible, be integrated with the
16 provision of Pentagon Facilities Alternative Creden-
17 tials.
18 (b) IMPLEMENTATION.—The Secretary shall imple-
19 ment the processes and procedures developed under sub-
20 section (a) not later than 180 days after the date of the
22 (c) INTERIM BRIEFING.—Not later than 90 days
23 after the date of the enactment of the Act, the Secretary
24 of Defense shall provide to the congressional defense com-
25 mittees an interim briefing on the status of the processes
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937
1 and procedures required to be developed under subsection
2 (a), including any updates to applicable policies, instruc-
3 tions, and guidance issued by the Department.
4 SEC. 1047. INTRODUCTION OF ENTITIES IN TRANSACTIONS
5 CRITICAL TO NATIONAL SECURITY.
6 (a) IN GENERAL.—The Secretary of Defense may fa-

7 cilitate the introduction of entities for the purpose of dis-
8 cussing a covered transaction that the Secretary has deter-
9 mined is in the national security interests of the United
10 States.
11 (b) COVERED TRANSACTION DEFINED.—The term
12 ‘‘covered transaction’’ means a transaction that the Sec-
13 retary has reason to believe would likely involve an entity
14 affiliated with a strategic competitor unless an alternative
15 transaction were to occur.
16 SEC. 1048. JOINT TRAINING PIPELINE BETWEEN UNITED
17 STATES NAVY AND ROYAL AUSTRALIAN NAVY.
18 (a) EXCHANGE PROGRAM.—Beginning in 2023, the

19 Secretary of Defense, in consultation with the Secretary
20 of Energy, may carry out an exchange program for Aus-
21 tralian submarine officers to implement one or more
22 agreements entered into under the enhanced trilateral se-
23 curity partnership referred to as ‘‘AUKUS’’. Under such
24 a program, to the extent consistent with one or more
25 AUKUS agreements—
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938
1 (1) a minimum of two Australian submarine of-
2 ficers may participate in the United States Navy of-
3 ficer training program for officers who are assigned
4 to duty on nuclear powered submarines; and
5 (2) following the successful completion of all as-
6 pects of such training, such officers may be assigned
7 to duty on an operational United States submarine.
10 shall provide the congressional defense committees with a
11 briefing on a notional exchange program for Australian
12 submarine officers that includes initial, follow-on, and re-
13 curring training that could be provided to Australian sub-
14 marine officers in order prepare such officers for com-
15 mand of nuclear-powered Australian submarines.
16 SEC. 1049. STANDARDIZATION OF SECTIONAL BARGE CON-
17 STRUCTION FOR DEPARTMENT OF DEFENSE
18 USE ON RIVERS AND INTERCOASTAL WATER-
19 WAYS.
20 With respect to the procurement of a sectional barge

21 for the Department of Defense on or after December 31,
22 2023, the Secretary of Defense shall, to the extent prac-
23 ticable—
24 (1) ensure the solicitation for such sectional
25 barge includes a requirement for a design that has
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December 6, 2022 (7:20 p.m.)
939
1 been approved by the American Bureau of Shipping,
2 using its rule set for building and classing steel ves-
3 sels, for service on rivers and intercoastal waterways;
4 or
5 (2) prioritize prime contractors that are in com-
6 pliance with ISO 9001:2015 of the International Or-
7 ganization for Standardization (or successor stand-
8 ard) in awarding contracts pursuant to such pro-
9 curement.
10 SEC. 1050. DEPARTMENT OF DEFENSE SUPPORT FOR RE-
11 CENTLY ENACTED COMMISSIONS.
12 (a) ASSISTANCE FROM DEPARTMENT OF DE-

13 FENSE.—At the request of a covered commission, the Sec-
14 retary of Defense may provide to the covered commission,
15 on a reimbursable basis, such services, funds, facilities,
16 staff, and other support services as necessary for the per-
17 formance of the functions of the commission. Amounts
18 provided to a covered commission pursuant to this section
19 may be provided from amounts appropriated for the De-
20 partment of Defense, as provided in advance in appropria-
21 tions Acts.
22 (b) COVERED COMMISSION DEFINED.—In this sec-
23 tion, the term ‘‘covered commission’’ means a commission
24 established pursuant to any of the following sections of
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940
2 2022 (Public Law 117–81):
3 (1) Section 1004 (Commission on Planning,
4 Programming, Budgeting, and Execution Reform).
5 (2) section 1091 (National Security Commis-
6 sion on Emerging Biotechnology).
7 (3) section 1094 (Afghanistan War Commis-
8 sion).
9 (4) section 1095 (Commission on the National
10 Defense Strategy).
11 (5) section 1687 (Congressional Commission on
12 the Strategic Posture of the United States).
13 Subtitle F—Studies and Reports
14 SEC. 1051. MODIFICATION OF ANNUAL REPORT ON UN-
15 FUNDED PRIORITIES.

17 amended—
20 (i) in subparagraph (A), by striking
21 ‘‘to be achieved’’ and inserting ‘‘outlined in
22 the national defense strategy required
23 under section 113(g) of this title and the
24 National Military Strategy required under
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1 section 139(b) of this title to be ad-
2 vanced’’; and
3 (ii) by adding at the end the following
4 new subparagraph:
5 ‘‘(D) A detailed assessment of each specific
6 risk that would be reduced in executing the na-
7 tional defense strategy required under section
8 113(g) of this title and the National Military
9 Strategy required under section 139(b) of this
10 title if such priority is funded (whether in whole
11 or in part).’’; and
12 (B) in paragraph (2)(A), by inserting ‘‘ac-
13 cording to the amount of risk reduced’’ after
14 ‘‘priority’’;
15 (2) by adding redesignating subsection (d) as
16 subsection (e); and
18 lowing new subsection (d):
19 ‘‘(d) PRIORITIZATION.—Not later than 10 days after
20 the receipt of the all of the reports referred to in sub-
21 section (a), the Secretary of Defense, in consultation with
22 the Chairman of the Joint Chiefs of Staff, shall submit
23 to the congressional defense committees a report that
24 prioritizes each specific unfunded priority across all un-
25 funded priorities submitted by officers specified in (b) ac-
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December 6, 2022 (7:20 p.m.)
942
1 cording to the risk reduced in executing the national de-
2 fense strategy required under section 113(g) of this title
3 and the National Military Strategy required under section
4 139(b) of this title.’’.
5 SEC. 1052. CONGRESSIONAL NOTIFICATION OF MILITARY
6 INFORMATION SUPPORT OPERATIONS IN THE
7 INFORMATION ENVIRONMENT.

11 ‘‘§ 398. Military information support operations in in-
12 formation environment
13 ‘‘(a) CONGRESSIONAL NOTIFICATION REQUIRE-

14 MENT.—(1) Not later than 48 hours after the execution
15 of any new military information support operation plan
16 (in this section referred to as a ‘MISO plan’) approved
17 by the commander of a combatant command, or any
18 change in scope of any existing MISO plan, including any
19 underlying MISO supporting plan, the Secretary of De-
20 fense shall promptly submit to the congressional defense
21 committees notice in writing of such approval or execution
22 of change in scope.
23 ‘‘(2) A notification under paragraph (1) with respect
24 to a MISO plan shall include each of the following:
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943
1 ‘‘(A) A description of the military information
2 support operation program (in this section referred
3 to as a ‘MISO program’) supported by the MISO
4 plan.
5 ‘‘(B) A description of the objectives of the
6 MISO plan.
7 ‘‘(C) A description of the intended target audi-
8 ence for military information support operation ac-
9 tivities under the MISO plan.
10 ‘‘(D) A description of the tactics, techniques,
11 and procedures to be used in executing the MISO
12 plan.
13 ‘‘(E) A description of the personnel engaged in
14 supporting or facilitating the operation.
15 ‘‘(F) The amount of funding anticipated to be
16 obligated and expended to execute the MISO plan
17 during the current and subsequent fiscal years.
18 ‘‘(G) The expected duration and desired out-
19 come of the MISO plan.
20 ‘‘(H) Any other elements the Secretary deter-
22 ‘‘(3) To the maximum extent practicable, the Sec-
23 retary shall ensure that the congressional defense commit-
24 tees are notified promptly of any unauthorized disclosure
25 of a clandestine military support operation covered by this
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December 6, 2022 (7:20 p.m.)
944
1 section. A notification under this subsection may be verbal
2 or written, but in the event of a verbal notification, the
3 Secretary shall provide a written notification by not later
4 than 48 hours after the provision of the verbal notifica-
5 tion.
6 ‘‘(b) ANNUAL REPORT.—Not later than 90 days after
7 the last day of any fiscal year during which the Secretary
8 conducts a MISO plan, the Secretary shall submit to the
9 congressional defense committees a report on all such
10 MISO plans conducted during such fiscal year. Such re-
11 port shall include each of the following:
12 ‘‘(1) A list of each MISO program and the com-
13 batant command responsible for the program.
14 ‘‘(2) For each MISO plan—
15 ‘‘(A) a description of the plan and any
16 supporting plans, including the objectives for
17 the plan;
18 ‘‘(B) a description of the intended target
19 audience for the activities carried out under the
20 plan and the means of distribution; and
21 ‘‘(C) the cost of executing the plan.
22 ‘‘(c) PROHIBITION ON CLANDESTINE OPERATIONS
23 DESIGNED TO INFLUENCE OPINIONS AND POLITICS IN
24 UNITED STATES.—None of the funds authorized to be ap-

25 propriated or otherwise made available for the Depart-
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December 6, 2022 (7:20 p.m.)
945
1 ment of Defense for any fiscal year may be used to con-
2 duct a clandestine military information support operation
3 that is designed to influence—
4 ‘‘(1) any political process taking place in the
5 United States;
6 ‘‘(2) the opinions of United States persons;
7 ‘‘(3) United States policies; or
8 ‘‘(4) media produced by United States entities
9 for United States persons.’’.
11 at the beginning of such chapter is amended by adding
‘‘398. Military information support operations in information environment.’’.
13 SEC. 1053. MODIFICATION AND CONTINUATION OF REPORT-
14 ING REQUIREMENT RELATING TO HUMANI-
15 TARIAN ASSISTANCE.
16 (a) MODIFICATION.—Section 2561(c)(3) of title 10,

18 (1) in subparagraph (A), by striking ‘‘relief’’
19 and inserting ‘‘assistance’’; and
20 (2) by striking subparagraphs (B) and (C) and
21 inserting the following new subparagraphs:
22 ‘‘(B) A comprehensive list of humanitarian as-
23 sistance efforts for which support was provided
24 under this section, disaggregated by foreign partner
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December 6, 2022 (7:20 p.m.)
946
1 country, amount obligated, and purpose specified in
2 subsection (b).
3 ‘‘(C) A description of the manner in which such
4 efforts address—
5 ‘‘(i) the humanitarian needs of the foreign
6 partner country; and
7 ‘‘(ii) Department of Defense objectives and
8 broader United States national security objec-
9 tives.
10 ‘‘(D) A description of any transfer of nonlethal
11 excess supplies of the Department of Defense made
12 available for humanitarian relief purposes under sec-
13 tion 2557 of this title, including, for each such
14 transfer—
15 ‘‘(i) the date of the transfer;
16 ‘‘(ii) the entity to which the transfer is
17 made; and
18 ‘‘(iii) the quantity of items transferred.’’.
19 (b) CONTINUATION OF REPORTING REQUIRE-
20 MENT.—
21 (1) IN GENERAL.—Section 1080(a) of the Na-

23 2016 (Public Law 114–92; 129 Stat. 1000; 10
24 U.S.C. 111 note) does not apply to the report re-
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December 6, 2022 (7:20 p.m.)
947
1 quired to be submitted to Congress under section
2 2561(c) of title 10, United States Code.
3 (2) CONFORMING REPEAL.—Section 1061(c) of
6 amended by striking paragraph (48).
7 SEC. 1054. BRIEFING ON GLOBAL FORCE MANAGEMENT AL-
8 LOCATION PLAN.
9 Section 1074(c) of the National Defense Authoriza-

10 tion Act for Fiscal Year 2022 (Public Law 117–81) is
12 graph:
13 ‘‘(4) For each major modification to global
14 force allocation made during the preceding fiscal
15 year that deviated from the Global Force Manage-
16 ment Allocation Plan for that fiscal year—
17 ‘‘(A) an analysis of the costs of such modi-
18 fication;
19 ‘‘(B) an assessment of the risks associated
20 with such modification, including strategic
21 risks, operational risks, and risks to readiness;
22 and
23 ‘‘(C) a description of any strategic trade-
24 offs associated with such modification.’’.
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948
1 SEC. 1055. REPORT AND BUDGET DETAILS REGARDING OP-
2 ERATION SPARTAN SHIELD.
3 Section 1225(b) of the William M. (Mac) Thornberry

5 (Public Law 116–283) is amended—
6 (1) in paragraph (6) by striking ‘‘; and’’ and in-
7 serting a semicolon;
9 graph (11); and
10 (3) by inserting after paragraph (6), the fol-
12 ‘‘(7) a list of all countries in which Task Force
13 Spartan operated during the prior fiscal year;
14 ‘‘(8) a description of activities conducted pursu-
15 ant to the operation to build the military readiness
16 of partner forces during the prior fiscal year, includ-
17 ing—
18 ‘‘(A) training exercises;
19 ‘‘(B) joint exercises; and
20 ‘‘(C) bilateral or multilateral exchanges;
21 ‘‘(9) an assessment of the extent to which the
22 activities described in paragraph (8) improved—
23 ‘‘(A) the military readiness of such partner
24 forces;
25 ‘‘(B) the national security of the United
26 States; and
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1 ‘‘(C) the national security of allies and
2 partners of the United States;
3 ‘‘(10) a description of criteria used to make the
4 assessment required under paragraph (9); and’’.
5 SEC. 1056. ANNUAL REPORT ON CIVILIAN CASUALTIES IN
6 CONNECTION WITH UNITED STATES MILI-
7 TARY OPERATIONS.
8 (a) IN GENERAL.—Section 1057(b) of the National

10 Law 115–91) is amended—
11 (1) in paragraph (1), by striking ‘‘that were
12 confirmed, or reasonably suspected, to have resulted
13 in civilian casualties’’ and inserting ‘‘that resulted in
14 civilian casualties that have been confirmed or are
15 reasonably suspected to have occurred’’;
17 (A) in subparagraph (B), by inserting ‘‘,
18 including, to the extent practicable, the closest
19 town, city, or identifiable place’’ after ‘‘loca-
20 tion’’;
21 (B) in subparagraph (D), by inserting be-
22 fore the period the following: ‘‘, including the
23 specific justification or use of authority for each
24 strike conducted’’;
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950
1 (C) in subparagraph (E), by inserting be-
2 fore the period at the end the following: ‘‘, for-
3 mulated as a range, if necessary, and including,
4 to the extent practicable, information regarding
5 the number of men, women, and children in-
6 volved’’; and
8 subparagraphs:
9 ‘‘(F) A summary of the determination of
10 each completed civilian casualty assessment or
11 investigation.
12 ‘‘(G) For each assessment or investigation
13 of an incident that resulted in civilian casual-
14 ties—
15 ‘‘(i) whether the Department con-
16 ducted any witness interviews or site visits
17 occurred, and if not, an explanation of why
18 not; and
19 ‘‘(ii) whether information pertaining
20 to the incident that was collected by one or
21 more non-governmental entities was con-
22 sidered, if such information exists.’’; and
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951
1 ‘‘(4) A description of any new or updated civil-
2 ian harm policies and procedures implemented by
3 the Department of Defense.’’.
4 (b) APPLICABILITY.—The amendments made by this
5 section shall apply as follows:
6 (1) Except as provided in paragraph (2), the
7 amendments made by this section shall apply with
8 respect to a report submitted on or after May 1,
9 2024.
10 (2) The amendments made by subparagraphs
11 (A) and (B) of subsection (a)(2) shall apply with re-
12 spect to a report submitted after the date of the en-
13 actment of this Act.
14 SEC. 1057. EXTENSION OF CERTAIN REPORTING DEAD-
15 LINES.
16 (a) COMMISSION ON PLANNING, PROGRAMMING,

17 BUDGETING, AND EXECUTION REFORM.—Section
18 1004(g) of the National Defense Authorization Act for
20 is amended—
21 (1) in paragraph (1), by striking ‘‘February 6,
22 2023’’ and inserting ‘‘August 6, 2023’’; and
23 (2) in paragraph (2), by striking ‘‘September 1,
24 2023’’ and inserting ‘‘March 1, 2024’’.
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952
1 (b) NATIONAL SECURITY COMMISSION ON EMERGING
2 BIOTECHNOLOGY.—Section 1091(g) of the National De-
4 117–81; 135 Stat. 1931) is amended—
5 (1) in paragraph (1), by striking ‘‘2 years
6 after’’ and inserting ‘‘3 years after’’; and
7 (2) in paragraph (2), by striking ‘‘1 year after’’
8 and inserting ‘‘2 years after’’.
9 (c) COMMISSION ON THE NATIONAL DEFENSE
10 STRATEGY.—Section 1095(g) of the National Defense Au-
12 81; 135 Stat. 1945) is amended—
13 (1) in paragraph (1), by striking ‘‘one year
14 after’’ and inserting ‘‘two years after’’; and
15 (2) in paragraph (2), by striking ‘‘180 days
16 after’’ and inserting ‘‘one year after’’.
17 (d) CONGRESSIONAL COMMISSION ON THE STRA-
18 TEGIC POSTURE OF THE UNITED STATES.—Section
19 1687(d) of the National Defense Authorization Act for
21 is amended—
22 (1) in paragraph (1), by striking ‘‘December
23 31, 2022’’ and inserting ‘‘July 31, 2023’’; and
24 (2) in paragraph (3), by striking ‘‘180 days
25 after’’ and inserting ‘‘one year after’’.
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1 SEC. 1058. EXTENSION AND MODIFICATION OF REPORTING
2 REQUIREMENT REGARDING ENHANCEMENT
3 OF INFORMATION SHARING AND COORDINA-
4 TION OF MILITARY TRAINING BETWEEN DE-
5 PARTMENT OF HOMELAND SECURITY AND
6 DEPARTMENT OF DEFENSE.
7 Section 1014(d) of the National Defense Authoriza-

8 tion Act for Fiscal Year 2017 (Public Law 114–328) is
9 amended—
10 (1) in paragraph (1)(B)(iv)—
11 (A) by striking ‘‘(iii)—’’ and inserting
12 ‘‘(iii), the following:’’; and
14 subclauses:
15 ‘‘(VIII) The methodology used
16 for making cost estimates in the eval-
17 uation of a request for assistance.
18 ‘‘(IX) The extent to which the
19 fulfillment of the request for assist-
20 ance affected readiness of the Armed
21 Forces, including members of the re-
22 serve components.’’; and
23 (2) in paragraph (3), by striking ‘‘December
24 31, 2023’’ and inserting ‘‘December 31, 2024’’.
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954
1 SEC. 1059. CONTINUATION OF REQUIREMENT FOR ANNUAL
2 REPORT ON NATIONAL GUARD AND RESERVE
3 COMPONENT EQUIPMENT.

8 gress under section 10541 of title 10, United States Code.
11 (Public Law 114–328); 130 Stat. 2402; 10 U.S.C. 111
13 SEC. 1060. MODIFICATION OF AUTHORITY OF SECRETARY
14 OF DEFENSE TO TRANSFER EXCESS AIR-
15 CRAFT TO OTHER DEPARTMENTS OF THE
16 FEDERAL GOVERNMENT AND AUTHORITY TO
17 TRANSFER EXCESS AIRCRAFT TO STATES.

21 (1) in the section heading, by inserting ‘‘AND
22 TO STATES’’ after ‘‘FEDERAL GOVERNMENT’’;
23 (2) in subsection (a), in the first sentence, by

24 striking ‘‘and the Secretary of Homeland Security
25 for use by the Forest Service and the United States
26 Coast Guard’’ and inserting ‘‘for use by the Forest
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955
1 Service, to the Secretary of Homeland Security for
2 use by the United States Coast Guard, and to the
3 Governor of a State’’;
5 (A) in paragraph (1), by striking ‘‘or the
6 United States Coast Guard as a suitable plat-
7 form to carry out their respective missions’’ and
8 inserting ‘‘, the United States Coast Guard, or
9 the Governor of a State, as the case may be, as
10 a suitable platform to carry out wildfire sup-
11 pression, search and rescue, or emergency oper-
12 ations pertaining to wildfires’’;
13 (B) in paragraph (3), by striking ‘‘; and’’
14 and inserting a semicolon;
15 (C) in paragraph (4), by striking the pe-
16 riod at the end and inserting ‘‘; and’’; and
18 paragraph:
19 ‘‘(5) in the case of aircraft to be transferred to
20 the Governor of a State, acceptable for use by the
21 State, as determined by the Governor.’’;
22 (4) by striking subsection (c);
23 (5) by redesignating subsections (d) through (g)
24 as subsections (c) through (f), respectively;
25 (6) in subsection (c), as so redesignated—
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956
2 (i) by striking ‘‘up to seven’’; and
3 (ii) by inserting ‘‘the Governor of a
4 State or to’’ after ‘‘offered to’’; and
5 (B) by amending paragraph (2) to read as
6 follows:
7 ‘‘(2) EXPIRATION OF RIGHT OF REFUSAL.—A
8 right of refusal afforded the Secretary of Agriculture

9 or the Secretary of Homeland Security under para-
10 graph (1) with regards to an aircraft shall expire
11 upon official notice of such Secretary to the Sec-
12 retary of Defense that such Secretary declines such
13 aircraft.’’;
14 (7) in subsection (d), as so redesignated—
16 by inserting ‘‘or to the Governor of a State’’
17 after ‘‘the Secretary of Agriculture’’;
18 (B) in paragraph (1), by striking ‘‘wildfire
19 suppression purposes’’ and inserting ‘‘purposes
20 of wildfire suppression, search and rescue, or
21 emergency operations pertaining to wildfires’’;
22 and
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957
1 (i) by inserting ‘‘, search and rescue,
2 emergency operations pertaining to
3 wildfires,’’ after ‘‘efforts’’; and
4 (ii) by inserting ‘‘or Governor of the
5 State, as the case may be,’’ after ‘‘Sec-
6 retary of Agriculture’’;
7 (8) in subsection (e), as so redesignated, by
8 striking ‘‘or the Secretary of Homeland Security’’
9 and inserting ‘‘, the Secretary of Homeland Secu-
10 rity, or the Governor of a State’’;
11 (9) in subsection (f), as so redesignated, by
12 striking ‘‘and the Secretary of Homeland Security’’
13 and inserting ‘‘, the Secretary of Homeland Secu-
14 rity, or the Governor of the State to which such air-
15 craft is transferred using only State funds’’; and
17 subsection:
18 ‘‘(g) REPORTING.—Not later than December 1, 2022,
19 and annually thereafter, the Secretary of Defense shall
21 ate and the House of Representatives a report on aircraft
22 transferred, during the fiscal year preceding the date of
23 such report, to—
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958
1 ‘‘(1) the Secretary of Agriculture, the Secretary
2 of Homeland Security, or the Governor of a State
3 under this section;
4 ‘‘(2) the chief executive officer of a State under
7 Stat. 1318); or
8 ‘‘(3) the Secretary of the Air Force or the Sec-
9 retary of Agriculture under section 1098 of the Na-
11 2014 (Public Law 113–66; 127 Stat. 881).’’.
12 SEC. 1061. COMBATANT COMMAND RISK ASSESSMENT FOR
13 AIRBORNE INTELLIGENCE, SURVEILLANCE,
14 AND RECONNAISSANCE.

16 date on which the Secretary of Defense submits to Con-
17 gress the materials in support of the budget for any fiscal
18 year, or the date on which any of the military departments
19 otherwise proposes to retire or otherwise divest any air-
20 borne intelligence, surveillance, and reconnaissance capa-
21 bilities, the Vice Chairman of the Joint Chiefs of Staff,
22 in coordination with the commanders of each of the geo-
23 graphic combatant commands, shall submit to the con-
24 gressional defense committees a report containing an as-
25 sessment of the level of operational risk to each such com-
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959
1 mand posed by the proposed retirement or divestment with
2 respect to the capability of the command to meet near-
3 , mid-, and far-term contingency and steady-state require-
4 ments against adversaries in support of the objectives of
5 the national defense strategy under section 113(g) of title
7 (b) RISK ASSESSMENT.—In assessing levels of oper-
8 ational risk for the purposes of subsection (a), the Vice
9 Chairman and the commanders of the geographic combat-
10 ant commands shall use the military risk matrix of the
11 Chairman of the Joint Chiefs of Staff, as described in
12 CJCS Instruction 3401.01E, or any successor instruction.
13 (c) GEOGRAPHIC COMBATANT COMMAND.—In this
14 section, the term ‘‘geographic combatant command’’
15 means any of the following:
16 (1) United States European Command.
17 (2) United States Indo-Pacific Command.
18 (3) United States Africa Command.
19 (4) United States Southern Command.
20 (5) United States Northern Command.
21 (6) United States Central Command.
22 (d) TERMINATION.—The requirement to submit a re-
23 port under this section shall terminate on the date that
24 is five years after the date of the enactment of this Act.
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960
1 SEC. 1062. STUDY ON MILITARY TRAINING ROUTES AND
2 SPECIAL USE AIR SPACE NEAR WIND TUR-
3 BINES.
4 (a) STUDY AND REPORT.—

7 ally funded research and development center to con-
8 duct a study to identify low-level military training
9 routes and special use airspace that may be used by
10 the Department of Defense to conduct realistic
11 training over and near wind turbines.
12 (2) ELEMENTS.—As part of the study under
13 paragraph (1), the federally funded research and de-
14 velopment center that conducts the study shall—
15 (A) identify and define the requirements
16 for military airspace that may be used for the
17 training described in paragraph (1), taking into
18 consideration—
19 (i) the operational and training needs
20 of the Armed Forces; and
21 (ii) the threat environments of adver-
22 saries of the United States, including the
23 People’s Republic of China;
24 (B) identify possibilities for combining live,
25 virtual, and constructive flight training near
26 wind projects, both onshore and offshore;
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961
1 (C) describe the airspace inventory re-
2 quired for low-level training proficiency given
3 current and projected force structures;
4 (D) provide recommendations for rede-
5 signing and properly sizing special use air space
6 and military training routes to combine live and
7 synthetic training in a realistic environment;
8 (E) describe ongoing research and develop-
9 ment programs being utilized to mitigate effects
10 of wind turbines on low-level training routes;
11 and
12 (F) identify current training routes af-
13 fected by wind turbines, any previous training
14 routes that are no longer in use because of wind
15 turbines, and any training routes projected to
16 be lost due to wind turbines.
17 (3) CONSULTATION.—In carrying out para-
18 graph (1), the Secretary of Defense shall consult
19 with—
20 (A) the Under Secretary of Defense for
21 Personnel and Readiness;
22 (B) the Department of Defense Policy
23 Board on Federal Aviation; and
24 (C) the Federal Aviation Administration.
25 (4) SUBMITTAL TO DOD.—
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2 after the date of the enactment of this Act, the
3 federally funded research and development cen-
4 ter that conducts the study under paragraph
5 (1) shall submit to the Secretary of Defense a
6 report on the results of the study.
7 (B) FORM.—The report under paragraph
8 (1) shall be submitted in unclassified form but
9 may include a classified annex.
10 (5) SUBMITTAL TO CONGRESS.—Not later than
11 60 days after the date on which the Secretary of De-
12 fense receives the report under paragraph (4), the
13 Secretary shall submit to the appropriate congres-
14 sional committees an unaltered copy of the report to-
15 gether with any comments the Secretary may have
16 with respect to the report.
20 (A) The congressional defense committees.
21 (B) The Committee on Transportation and
22 Infrastructure of the House of Representatives.
23 (C) The Committee on Commerce, Science,
24 and Transportation of the Senate.
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963
1 (2) The term ‘‘affected by wind turbines’’
2 means a situation in which the presence of wind tur-
3 bines in the area of a low-level military training
4 route or special use airspace—
5 (A) prompted the Department of Defense
6 to alter a testing and training mission or to re-
7 duce previously planned training activities; or
8 (B) prevented the Department from meet-
9 ing testing and training requirements.
10 SEC. 1063. ANNUAL REPORTS ON SAFETY UPGRADES TO
11 THE HIGH MOBILITY MULTIPURPOSE
12 WHEELED VEHICLE FLEETS.
13 (a) ANNUAL REPORTS.—Not later than March 1,

14 2023, and annually thereafter until the date specified in
15 subsection (c), the Secretaries of the Army, Navy, and Air
16 Force shall each submit to the Committees on Armed
17 Services of the Senate and House of Representatives a re-
18 port on the installation of safety upgrades to the high mo-
19 bility multipurpose wheeled vehicle fleets under the juris-
20 diction of the Secretary concerned, including anti-lock
21 brakes, electronic stability control, and fuel tanks.
22 (b) MATTERS FOR INCLUSION.—Each report re-
23 quired under subsection (a) shall include, for the year cov-
24 ered by the report, each of the following:
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1 (1) The total number of safety upgrades nec-
2 essary for the high mobility multipurpose wheeled
3 vehicle fleets under the jurisdiction of the Secretary
4 concerned.
5 (2) The total cumulative number of such up-
6 grades completed prior to the year covered by the re-
7 port.
8 (3) A description of any such upgrades that
9 were planned for the year covered by the report.
10 (4) A description of any such upgrades that
11 were made during the year covered by the report
12 and, if the number of such upgrades was less than
13 the number of upgrades planned for such year, an
14 explanation of the variance.
15 (5) If the total number of necessary upgrades
16 has not been made, a description of the upgrades
17 planned for each year subsequent to the year cov-
18 ered by the report.
19 (c) TERMINATION.—No report shall be required
20 under this section after March 1, 2026.
21 SEC. 1064. DEPARTMENT OF DEFENSE DELAYS IN PRO-
22 VIDING COMMENTS ON GOVERNMENT AC-
23 COUNTABILITY OFFICE REPORTS.
24 (a) REPORTS REQUIRED.—Not later than 180 days

25 after the date of the enactment of this Act, and once every
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1 180 days thereafter until the date that is 2 years after
2 the date of the enactment of this Act, the Comptroller
3 General of the United States shall submit to the congres-
4 sional defense committees a report on the extent to which
5 the Department of Defense provided comments and sensi-
6 tivity and security reviews (for drafts tentatively identified
7 as containing controlled unclassified information or classi-
8 fied information) in a timely manner and in accordance
9 with the protocols of the Government Accountability Office
10 during the 180-day period preceding the date of the sub-
11 mittal of the report.
12 (b) REQUIREMENTS FOR GAO REPORT.—Each re-
13 port under subsection (a) shall include the following infor-
14 mation for the period covered by the report:
15 (1) The number of draft Government Account-
16 ability Office reports for which the Government Ac-
17 countability Office requested comments from the De-
18 partment of Defense, including an identification of
19 the reports for which a sensitivity or security review
20 was requested (separated by reports potentially con-
21 taining only controlled unclassified information and
22 reports potentially containing classified information)
23 and the reports for which such a review was not re-
24 quested.
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1 (2) The median and average number of days
2 between the date of the request for Department of
3 Defense comments and the receipt of such com-
4 ments.
5 (3) The average number of days between the
6 date of the request for a Department of Defense
7 sensitivity or security review and the receipt of the
8 results of such review.
9 (4) In the case of any such draft report for
10 which the Department of Defense failed to provide
11 such comments or review within 30 days of the re-
12 quest for such comments or review—
13 (A) the number of days between the date
14 of the request and the receipt of such comments
15 or review; and
16 (B) a unique identifier, for purposes of
17 identifying the draft report.
18 (5) In the case of any such draft report for
19 which the Government Accountability Office pro-
20 vided an extension to the Department of Defense—
21 (A) whether the Department provided the
22 comments or review within the time period of
23 the extension; and
24 (B) a unique identifier, for purposes of
25 identifying the draft report.
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967
1 (6) Any other information the Comptroller Gen-
2 eral determines appropriate.
3 (c) DOD RESPONSES.—Not later than 30 days after
4 the Comptroller General submits a report under sub-
5 section (a), the Secretary of Defense shall submit to the
6 congressional defense committees a response to such re-
7 port that includes each of the following:
8 (1) An identification of factors that contributed
9 to any delays identified in the report with respect to
10 Department of Defense comments and sensitivity or
11 security reviews requested by the Government Ac-
12 countability Office.
13 (2) A description of any actions the Depart-
14 ment of Defense has taken or plans to take to ad-
15 dress such factors.
16 (3) A description of any improvements the De-
17 partment has made in the ability to track timeliness
18 in providing such comments and sensitivity or secu-
19 rity reviews.
20 (4) Any other information the Secretary deter-
21 mines relevant to the information contained in the
22 report submitted by the Comptroller General.
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1 SEC. 1065. JUSTIFICATION FOR TRANSFER OR ELIMI-
2 NATION OF CERTAIN FLYING MISSIONS.
3 Prior to the relocation or elimination of any flying

4 mission that involves 50 personnel or more assigned to a
5 unit performing that mission, either with respect to an ac-
6 tive or reserve component of a military department, the
8 fense committees a report describing the justification of
9 the Secretary for the decision to relocate or eliminate such
10 flying mission. Such report shall include each of the fol-
11 lowing:
12 (1) A description of how the decision supports
13 the national defense strategy, the national military
14 strategy, the North American Aerospace Defense
15 Command strategy, and other relevant strategies.
16 (2) A specific analysis and metrics supporting
17 such decision.
18 (3) An analysis and metrics to show that the
19 elimination or relocation of the flying mission would
20 not negatively affect broader mission sets, such as
21 the homeland defense mission.
22 (4) A plan for how the Department of Defense
23 intends to fulfill or continue to meet the mission re-
24 quirements of the eliminated or relocated flying mis-
25 sion.
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1 (5) An assessment of the effect of the elimi-
2 nation or relocation on the national defense strategy,
3 the national military strategy, the North American
4 Aerospace Defense Command strategy, and broader
5 mission sets, such as the homeland defense mission.
7 elimination or relocation of the flying mission and its
8 secondary and tertiary impacts would not degrade
9 capabilities and readiness of the Joint Force.
11 elimination or relocation of the flying mission would
12 not negatively affect the continental United States
13 national airspace system.
14 SEC. 1066. REPORTS ON UNITED STATES MILITARY FORCE
15 PRESENCE IN EUROPE.
16 (a) REPORT ON UNITED STATES MILITARY FORCE

17 POSTURE AND RESOURCING REQUIREMENTS IN EU-
18 ROPE.—

22 defense committees a report containing an assess-
23 ment of the United States military force posture re-
24 quirements for the United States European Com-
25 mand to support the following objectives:
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970
1 (A) Implementation of the national defense
2 strategy under section 113(g) of title 10,
3 United States Code, with respect to the area of
4 responsibility of the United States European
5 Command.
6 (B) Fulfillment of the commitments of the
7 United States to NATO operations, missions,
8 and activities, as modified and agreed upon at
9 the 2022 Madrid Summit.
10 (C) Reduction of the risk of executing the
11 contingency plans of the Department of De-
12 fense.
13 (2) ELEMENTS.—The report required under
15 (A) For the Army, the Navy, the Air
16 Force, the Marine Corps, and the Space Force
17 and for each warfighting domain, a description
18 of the force structure and posture of assigned
19 and allocated forces in Europe, including con-
20 sideration of the balance of permanently sta-
21 tioned forces and forces rotating from the
22 United States, to support the objectives de-
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1 (B) An assessment of the military training
2 and all domain exercises to support such objec-
3 tives, including—
4 (i) training and exercises on inter-
5 operability; and
6 (ii) joint activities with allies and
7 partners.
8 (C) An assessment of logistics require-
9 ments, including personnel, equipment, supplies,
10 pre-positioned storage, host country support
11 and agreements, and maintenance needs, to
12 support such objectives.
13 (D) An identification of required infra-
14 structure, facilities, and military construction
15 investments to support such objectives.
16 (E) A description of the requirements for
17 United States European Command integrated
18 air and missile defense throughout the area of
19 responsibility of the United States European
20 Command.
21 (F) An assessment of United States secu-
22 rity cooperation activities and resources re-
23 quired to support such objectives.
24 (G) A detailed assessment of the resources
25 necessary to address the elements described in
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1 subparagraphs (A) through (F), categorized by
2 the budget accounts for—
3 (i) procurement;
4 (ii) research, development, test, and
5 evaluation;
6 (iii) operation and maintenance;
7 (iv) military personnel; and
8 (v) military construction.
9 (H) The projected timeline to achieve ful-
10 fillment of each such element.
11 (I) Any other information the Secretary
12 considers relevant.
13 (3) FORM.—The report required under para-
14 graph (1) may be submitted in classified form, but,
15 if so, it shall include an unclassified summary.
16 (b) QUARTERLY REPORTS ON EXPENDITURES FOR
17 PLANNING AND DESIGN OF INFRASTRUCTURE TO SUP-

18 PORT PERMANENT UNITED STATES FORCE PRESENCE ON
19 EUROPE’S EASTERN FLANK.—
20 (1) IN GENERAL.—The Commander of United
21 States European Command shall submit to the con-
22 gressional defense committees quarterly reports on
23 the use of the funds described in paragraph (3) until
24 the date on which all such funds are expended.
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1 (2) CONTENTS.—Each report required under
2 paragraph (1) shall include an expenditure plan for
3 the establishment of infrastructure to support a per-
4 manent United States force presence in the covered
5 region.
6 (3) FUNDS DESCRIBED.—The funds described
7 in this paragraph are the amounts authorized to be
8 appropriated or otherwise made available for fiscal
9 year 2023 for—
10 (A) Operation and Maintenance, Air
11 Force, for Advanced Planning for Infrastruc-
12 ture to Support Presence on NATO’s Eastern
13 Flank;
14 (B) Operation and Maintenance, Army, for
15 Advanced Planning for Infrastructure to Sup-
16 port Presence on NATO’s Eastern Flank; and
17 (C) Military Construction, Defense-wide,
18 Planning & Design: EUCOM–Infrastructure to
19 Support Presence on NATO’s Eastern Flank.
20 (D) Military Construction, Defense-wide,
21 Exercise-related Minor Construction: EUCOM.
22 (4) COVERED REGION.—In this subsection, the
23 term ‘‘covered region’’ means Romania, Poland,
24 Lithuania, Latvia, Estonia, Hungary, Bulgaria, the
25 Czech Republic, and Slovakia.
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1 SEC. 1067. REPORT ON DEPARTMENT OF DEFENSE PRAC-
2 TICES REGARDING DISTINCTION BETWEEN
3 COMBATANTS AND CIVILIANS IN UNITED
4 STATES MILITARY OPERATIONS.
5 (a) REPORT.—The Civilian Protection Center of Ex-

6 cellence of the Department of Defense, as established
7 under section 184 of title 10, United States Code, as
8 added by section 1082 of this Act, shall seek to enter into
9 an agreement with an appropriate federally funded re-
10 search and development center to develop an independent
11 report on Department of Defense practices regarding dis-
12 tinguishing between combatants and civilians in United
13 States military operations.
15 section (a) shall include the following matters:
16 (1) A description of how the Department of De-
17 fense has differentiated between combatants and ci-
18 vilians in both ground and air operations since 2001,
19 including in Afghanistan, Iraq, Syria, Somalia,
20 Libya, and Yemen, including—
21 (A) relevant policy and legal standards and
22 how these standards were implemented in prac-
23 tice; and
24 (B) target engagement criteria.
25 (2) A description of how the Department of De-
26 fense has differentiated between combatants and ci-
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1 vilians when assessing allegations of civilian casual-
2 ties since 2001, including in Afghanistan, Iraq,
3 Syria, Somalia, Libya, and Yemen, including—
4 (A) relevant policy and legal standards and
5 the factual indicators these standards were ap-
6 plied to in assessing claims of civilian casual-
7 ties; and
8 (B) any other matters the Secretary of De-
10 (c) SUBMISSION OF REPORT.—Not later than one
11 year after the date of the enactment of this Act, the Sec-
13 committees a report setting forth an unaltered copy of the
14 federally funded research and development center assess-
15 ment required under this section, together with the views
16 of the Secretary on the assessment.
17 (d) DEFINITION OF UNITED STATES MILITARY OP-
18 ERATION.—In this section, the term ‘‘United States mili-
19 tary operations’’ includes any mission, strike, engagement,
20 raid, or incident involving the United States Armed
21 Forces.
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1 SEC. 1068. REPORT ON STRATEGY AND IMPROVEMENT OF
2 COMMUNITY ENGAGEMENT EFFORTS OF
3 ARMED FORCES IN HAWAII.
4 (a) IN GENERAL.—In an effort to better meet the

5 future force posture needs within the Indo-Pacific area of
6 responsibility, the Commander of the United States Indo-
7 Pacific Command, in collaboration with the Assistant Sec-
8 retary of Defense for Energy, Installations, and Environ-
9 ment, installation commanders, and the relevant theater
10 component commanders, shall—
11 (1) develop and implement a holistic strategy
12 to—
13 (A) improve, standardize, and coordinate
14 the engagement efforts of the military with the
15 local community in Hawaii; and
16 (B) effectively communicate with such
17 community for the purpose of enhancing readi-
18 ness; and
19 (2) enhance coordinated community engage-
20 ment efforts (as described in section 587 of the Na-
22 2022 (Public Law 117–81)) in Hawaii.
23 (b) REPORT REQUIRED.—Not later than one year
24 after the date of the enactment of this Act, the Com-
25 mander shall submit to the congressional defense commit-
26 tees a report on the strategy and enhanced engagement
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1 efforts implemented pursuant to subsection (a). Such re-
2 port shall include each of the following:
3 (1) The plan of the Commander for conducting
4 education and training programs relating to con-
5 sultation and engagement with the local and native
6 Hawaiian community, including—
7 (A) a description of the outreach activities
8 conducted during fiscal years 2023 and 2024;
9 and
10 (B) a description of the extent to which
11 members of the local and native Hawaiian com-
12 munity have been involved in development of
13 curricula, tentative dates, locations, required
14 attendees, and topics for the education and
15 training programs.
16 (2) A list of all local and native Hawaiian com-
17 munity groups involved or expected to be consulted
18 in the process of updating Department of Defense
19 Instruction 4710.03 (or any successor document).
20 (3) Recommendations for improving Depart-
21 ment of Defense Instruction 4710.03 to reflect best
22 practices and provide continuity across the military
23 departments with respect to the practices, policies,
24 training, and personnel related to consultation with
25 the local and native Hawaiian community.
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1 (4) A timeline for issuing the next update or
2 successor document to Department of Defense In-
3 struction 4710.03.
4 (5) Recommendations for the enhancement and
5 expansion of—
6 (A) Department of Defense education and
7 training programs relating to consultation and
8 engagement with the local and Native Hawaiian
9 community; and
10 (B) outreach activities for all commands
11 and installations in Hawaii.
12 (c) THEATER COMPONENT COMMANDER.—In this
13 section, the term ‘‘theater component commander’’ has the
14 meaning given such term in section 1513(8) of title 10,
16 SEC. 1069. REPORT ON DEPARTMENT OF DEFENSE MILI-
17 TARY CAPABILITIES IN THE CARIBBEAN.

20 fense, in consultation with the Secretary of State and the
21 Secretary of Homeland Security, shall submit to the Com-
23 Representatives a report on United States military posture
24 and capabilities in the Caribbean basin, particularly in and
25 around Puerto Rico and the United States Virgin Islands.
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3 (1) An assessment of United States military
4 force posture and capabilities in the Caribbean
5 basin.
6 (2) An assessment of the feasibility, desir-
7 ability, and cost of increasing United States military
8 posture and capabilities in the Caribbean basin to—
9 (A) enhance access and influence and pro-
10 vide forward-deployed capabilities to effectively
11 implement the national defense strategy and
12 support strategic competition with China and
13 Russia;
14 (B) ensure, to the greatest extent possible,
15 that United States Northern Command and
16 United States Southern Command have the
17 necessary assets to support the defense of the
18 United States homeland;
19 (C) confront the threats posed by
20 transnational criminal organizations and illicit
21 trafficking in the Caribbean basin, including by
22 supporting interagency partners in disrupting
23 and degrading illicit trafficking into the United
24 States;
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1 (D) improve surveillance capabilities and
2 maximize the effectiveness of counter-traf-
3 ficking operations in the Caribbean region;
4 (E) ensure, to the greatest extent possible,
5 that United States Northern Command and
6 United States Southern Command have the as-
7 sets necessary to detect, interdict, disrupt, or
8 curtail illicit narcotics and weapons trafficking
9 activities within their respective areas of oper-
10 ations in the Caribbean basin;
11 (F) respond to malign influences of foreign
12 governments, particularly including non-market
13 economies, in the Caribbean basin that harm
14 United States national security and regional se-
15 curity interests in the Caribbean basin and in
16 the Western Hemisphere; and
17 (G) strengthen the ability of the security
18 sector of partner nations in the Caribbean basin
19 to respond to, and become more resilient in the
20 face of, major humanitarian or natural disas-
21 ters, including to ensure critical infrastructure
22 and ports can come back online rapidly fol-
23 lowing disasters.
24 (c) FORM OF REPORT.—The report required under
25 subsection (a) shall be submitted in unclassified form
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1 without any designation relating to dissemination control,
3 SEC. 1070. QUARTERLY BRIEFINGS ON DEPARTMENT OF
4 DEFENSE SUPPORT FOR CIVIL AUTHORITIES
5 TO ADDRESS IMMIGRATION AT THE SOUTH-
6 WEST BORDER.

8 ment of this Act, and every 90 days thereafter through
9 December 31, 2024, the Assistant Secretary of Defense
10 for Homeland Defense or another Assistant Secretary of
11 Defense, as appropriate, shall provide an unclassified
12 briefing to the Committee on Armed Services of the Sen-
13 ate and the Committee on Armed Services of the House
14 of Representatives, with a classified component, if nec-
15 essary, regarding—
16 (1) Department of Defense planning to address
17 current and anticipated border support mission re-
18 quirements as part of the Department of Defense’s
19 annual planning, programming, budgeting, and exe-
20 cution process;
21 (2) any Department of Defense risk assessment
22 with respect to the safety of Department of Defense
23 personnel conducted in evaluating any request for
24 assistance from the Department of Homeland Secu-
25 rity during the quarter covered by the briefing;
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1 (3) any Department of Defense efforts, or up-
2 dates to existing efforts, to cooperate with Mexico
3 with respect to border security;
4 (4) the type of support that is currently being
5 provided by the Department of Defense along the
6 southwest border of the United States;
7 (5) the effect of such efforts and support on
8 National Guard readiness; and
9 (6) any recommendations of the Department of
10 Defense regarding the modification of the support
11 provided by the Department of Defense to the De-
12 partment of Homeland Security at the southwest
13 border.
14 SEC. 1071. ANNUAL REPORT ON PROCUREMENT OF EQUIP-
15 MENT BY STATE AND LOCAL GOVERNMENTS
16 THROUGH THE DEPARTMENT OF DEFENSE.

18 ordination with the Administrator of General Services,
20 Senate and House of Representatives an annual report
21 that includes current information on the purchase of
22 equipment under the procedures established under section
23 281(a) of title 10, United States Code, and the recipients
24 of such equipment.
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1 (b) MATTERS FOR INCLUSION.—Each report under
2 subsection (a) shall include the following for the year cov-
3 ered by the report:
4 (1) The catalog of equipment available for pur-
5 chase under subsection (c) of section 281 of title 10,
7 (2) For each purchase of equipment under the
8 procedures established under subsection (a) of such
9 section—
10 (A) the recipient State or unit of local gov-
11 ernment;
12 (B) the type of equipment;
13 (C) the cost of the equipment; and
14 (D) the administrative costs under sub-
15 section (b) of such section.
16 (3) Such other information the Secretary deter-
17 mines is necessary.
18 (c) TERMINATION.—The requirement to submit a re-
19 port under subsection (a) shall terminate on the date that
20 is five years after the date of the enactment of this Act.
21 SEC. 1072. BRIEFING ON FINANCIAL OVERSIGHT OF CER-
22 TAIN EDUCATIONAL INSTITUTIONS RECEIV-
23 ING DEPARTMENT OF DEFENSE FUNDS.
25 ment of this Act, the Secretary of Defense shall provide
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984
2 the House of Representatives a briefing on the methods
3 used to assess the eligibility of educational institutions for
4 the receipt of payments under the payment method de-
5 scribed in section 668.162(d) of title 34, Code of Federal
6 Regulations (as in effect on the date of the enactment of
7 this Act).
8 SEC. 1073. REPORT ON EFFECTS OF CERTAIN ETHICS RE-
9 QUIREMENTS ON DEPARTMENT OF DEFENSE
10 HIRING, RETENTION, AND OPERATIONS.
11 (a) STUDY.—
14 ally funded research and development center under
15 which the center shall conduct a study to assess
16 whether the covered ethics requirements have had an
17 effect on—
18 (A) the hiring or retention of personnel at
19 the Department of Defense, particularly those
20 persons with specialized experience or training;
21 and
22 (B) the ability of the Department of De-
23 fense to detect, deter, prevent, and redress vio-
24 lations of the Standards of Ethical Conduct for
25 Employees of the Executive Branch and appli-
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1 cable statutory and regulatory ethics require-
2 ments, including conflicts of interest, by De-
3 partment of Defense personnel.
4 (2) ELEMENTS.—A study conducted pursuant
5 to paragraph (1) shall include the following ele-
6 ments:
7 (A) An examination of how the covered
8 ethics requirements are inconsistent or incon-
9 gruent with ethics statutes, and any imple-
10 menting regulations, that apply to all executive
11 branch employees.
12 (B) An examination of the relative degrees
13 of risk associated with the potential for viola-
14 tions of ethical standards at the Department of
15 Defense and those associated with the potential
16 for such violations at other Federal agencies,
17 and an analysis of whether ethical standards
18 that are applied exclusively to Department of
19 Defense personnel are justified.
20 (C) An examination of how covered ethics
21 requirements have affected, or are likely to af-
22 fect, the hiring and retention of personnel, par-
23 ticularly those persons with specialized experi-
24 ence or training, at the Department of Defense
25 in comparison to other Federal agencies that
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1 are not subject to such requirements. The ex-
2 amination shall account for any relevant dif-
3 ferences between the Department of Defense
4 and other Federal departments and agencies
5 within the executive branch and shall use ana-
6 lytical methods to control for any variables that
7 may affect the comparative results.
8 (D) An examination of how any confusion
9 in the interpretation of the requirement re-
10 ferred to in paragraph (3)(B) may have af-
11 fected, or is likely to affect—
12 (i) the hiring or retention of per-
13 sonnel, particularly those persons with spe-
14 cialized experience or training, at the De-
15 partment of Defense; and
16 (ii) the ability of the Department of
17 Defense to detect, deter, prevent, and re-
18 dress violations of ethical standards, in-
19 cluding conflicts of interest, by Depart-
20 ment of Defense personnel.
21 (E) An examination of how the ethics re-
22 quirements referred to in subparagraphs (B)
23 and (C) of paragraph (3) may affect the ability
24 of the Department of Defense to obtain exper-
25 tise from industry and other groups in support
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987
1 of technology development, supply chain secu-
2 rity, and other national security matters.
3 (F) An examination of whether the re-
4 moval or alteration of any covered ethics re-
5 quirement may adversely affect the ability of
6 the Department of Defense to detect, deter,
7 prevent, and redress violations of ethical stand-
8 ards, including conflicts of interest, by Depart-
9 ment of Defense personnel.
10 (G) An examination of whether the re-
11 moval or alteration of any covered ethics re-
12 quirement may adversely affect the ability of
13 the Department of Defense to negotiate and ef-
14 fectuate arms-length transactions.
15 (H) Any suggested changes to any covered
16 ethics requirement to further the establishment
17 and maintenance of ethical standards, while
18 also supporting the ability of the Department of
19 Defense to hire and retain personnel and obtain
20 expertise from academia, think tanks, industry,
21 and other groups to support national security.
22 (3) COVERED ETHICS REQUIREMENTS.—In this
23 section, the term ‘‘covered ethics requirement’’
24 means each of the requirements under the following
25 provisions of law:
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1 (A) Section 847 of the National Defense
3 Law 110–181; 10 U.S.C. 1701 note).
4 (B) Section 1045 of the National Defense
6 Law 115–91; 10 U.S.C. 971 note prec.).
7 (C) Section 1117 of the National Defense
8 Authorization Act for Fiscal Year 2022 (10
9 U.S.C. 971 note prec.).
10 (D) Section 988 of title 10, United States
11 Code.
12 (b) REPORT.—
13 (1) IN GENERAL.—An agreement entered into
14 under subsection (a) shall provide that the federally
15 funded research and development center shall submit
16 to the Secretary a report containing the results of
17 the study conducted under the agreement by not
18 later than one year after the date of the enactment
19 of this Act.
20 (2) TRANSMITTAL TO CONGRESS.—Not later
21 than 30 days after the Secretary receives the report
22 under paragraph (1), the Secretary shall transmit a
23 copy of the report to the Committee on Armed Serv-
24 ices of the Senate and the Committee on Armed
25 Services of the House of Representatives.
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1 (3) SECRETARY OF DEFENSE EVALUATION.—
2 The Secretary shall submit with the report trans-

3 mitted pursuant to paragraph (2) an evaluation of
4 each change suggested pursuant to subsection
5 (a)(2)(H). The evaluation shall include—
6 (A) a determination of whether the Sec-
7 retary concurs with each suggested change;
8 (B) an assessment of the potential effects
9 of each suggested change on the ability of the
10 Department of Defense to hire or retain per-
11 sonnel at the Department of Defense, particu-
12 larly those persons with specialized experience
13 or training;
14 (C) an assessment of the potential effects
15 of each suggested change on the ability of the
16 Department of Defense to detect, deter, pre-
17 vent, or redress violations of ethical standards,
18 including conflicts of interest; and
19 (D) any other information that the Sec-
20 retary determines to be appropriate.
21 SEC. 1074. JOINT CONCEPT FOR COMPETING.

24 shall develop a Joint Concept for Competing.
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1 (b) PURPOSES.—The purposes of the Joint Concept
2 for Competing are to—
3 (1) define the roles and missions of the Depart-
4 ment of Defense in long-term strategic competition
5 with specific competitors;
6 (2) conceptualize the employment of joint forces
7 capabilities to deter adversarial military action by
8 strategic competitors;
9 (3) describe the manner in which the Depart-
10 ment of Defense will use its forces, capabilities, pos-
11 ture, indications and warning systems, and authori-
12 ties to protect United States national interests in
13 the course of participating in long-term strategic
14 competition, including through—
15 (A) departmental efforts to integrate De-
16 partment of Defense roles and missions with
17 other instruments of national power;
18 (B) security cooperation with partners and
19 allies; and
20 (C) operations relating to long-term stra-
21 tegic competition, particularly below the thresh-
22 old of traditional armed conflict;
23 (4) identify priority lines of effort and assign
24 responsibility to relevant Armed Forces, combatant
25 commands, and other elements of the Department of
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991
1 Defense for each specified line of effort in support
2 of the Joint Concept for Competing; and
3 (5) provide means for integrating and continu-
4 ously improving the ability of the Department to en-
5 gage in long-term strategic competition.
6 (c) REPORT.—
8 after the date of the enactment of this Act, and
9 every 180 days thereafter for two years, the Sec-
11 defense committees a report on the implementation
12 of the Joint Concept for Competing.
13 (2) ELEMENTS.—Each report required under
14 paragraph (1) shall include the following elements:
15 (A) A detailed description of any actions
16 taken by the Department of Defense relative to
17 the purposes specified under subsection (b).
18 (B) An articulation of any new concepts or
19 strategies necessary to support the Joint Con-
20 cept for Competing.
21 (C) An articulation of any capabilities, re-
22 sources, or authorities necessary to implement
23 the Joint Concept for Competing.
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1 (D) An explanation of the manner in which
2 the Joint Concept for Competing relates to and
3 integrates with the Joint Warfighting Concept.
4 (E) An explanation of the manner in which
5 the Joint Concept for Competing synchronizes
6 and integrates with efforts of other depart-
7 ments and agencies of the United States Gov-
8 ernment to address long-term strategic competi-
9 tion.
10 (F) Any other matters the Secretary of
11 Defense determines relevant.
12 SEC. 1075. ANALYSIS OF FEASIBILITY AND ADVISABILITY
13 OF RELOCATING MAJOR UNITS OF THE
14 UNITED STATES ARMED FORCES TO CERTAIN
15 EUROPEAN COUNTRIES.
16 (a) REPORT.—Not later than 180 days after the date

17 of enactment of this Act, the Secretary of Defense shall
19 on the feasibility and advisability of relocating major units
20 of the United States Armed Forces to a covered country.
21 Such report shall include—
22 (1) a description of commitments made by a
23 covered country to provide host nation support, in-
24 cluding funding for construction and maintenance of
25 Department of Defense facilities and other actions
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1 that might reduce costs to the Department of De-
2 fense associated with hosting major units of the
3 Armed Forces in such covered country;
4 (2) an estimate of the expenses associated with
5 the relocation of major units of the Armed Forces
6 from current host nation locations, as well as a de-
7 scription of any benefits that would be derived from
8 colocating such units with existing United States or
9 multinational forces at current host nation locations;
10 (3) a description of the extent to which posi-
11 tioning major units of the Armed Forces in covered
12 countries would provide greater operational benefit
13 than keeping such units in current locations, includ-
14 ing an analysis of—
15 (A) the geographic significance of covered
16 countries;
17 (B) any capabilities the host nation may
18 offer, such as air defense or base security or
19 terms under which the United States may use
20 facilities on their territory; and
21 (C) an analysis of the risks associated with
22 the relocation of such units to covered coun-
23 tries;
24 (4) a description of any engagements at the
25 Under Secretary level or higher with an official of a
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1 covered country with respect to anticipated major
2 unit movements in the area of responsibility of the
3 United States European Command during the pe-
4 riod covered by the future-years defense program
5 most recently submitted to Congress pursuant to
6 section 221 of title 10, United States Code, includ-
7 ing—
8 (A) a description of the engagement with
9 each covered country during the calendar year
10 preceding the calendar during which the report
11 is submitted;
12 (B) a description of any specific require-
13 ments identified in order to host a major unit;
14 and
15 (C) in the case of a covered country has
16 been determined to be unsuitable for hosting a
17 major unit of the Armed Forces, a description
18 of why it was determined unsuitable; and
19 (5) any other matter the Secretary determines
20 is relevant.
22 (1) The term ‘‘covered country’’ means Roma-
23 nia, Poland, Lithuania, Latvia, Estonia, Hungary,
24 Bulgaria, the Czech Republic, or Slovakia.
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1 (2) The term ‘‘major unit’’ means an organiza-
2 tional unit composed of more than 500 military per-
3 sonnel.
4 SEC. 1076. REPORT ON EFFECTS OF STRATEGIC COMPET-
5 ITOR NAVAL FACILITIES IN AFRICA.
6 (a) IN GENERAL.—Not later than May 15, 2023, the

8 fense committees a report on the effects of current or
9 planned covered naval facilities in Africa on the interests
13 (1) An identification of—
14 (A) any location in Africa where a covered
15 naval facility has been established; and
16 (B) any location in Africa where a covered
17 naval facility is planned for construction.
18 (2) A detailed description of—
19 (A) any agreement entered into between
20 China or Russia and a country or government
21 in Africa providing for or enabling the estab-
22 lishment or operation of a covered naval facility
23 in Africa; and
24 (B) any efforts by the Department of De-
25 fense to change force posture, deployments, or
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1 other activities in Africa as a result of current
2 or planned covered naval facilities in Africa.
3 (3) An assessment of—
4 (A) the effect that each current covered
5 naval facility has had on Department of De-
6 fense interests in and around Africa, including
7 Department of Defense operational plans in the
8 areas of responsibility of geographic combatant
9 commands other than United States Africa
10 Command;
11 (B) the effect that each planned covered
12 naval facility is expected to have on Department
13 of Defense interests in and around Africa, in-
14 cluding Department of Defense operational
15 plans in the areas of responsibility of geo-
16 graphic combatant commands other than
17 United States Africa Command;
18 (C) the policy objectives of China and Rus-
19 sia in establishing current and future covered
20 naval facilities at the locations identified under
22 (D) the specific military capabilities sup-
23 ported by each current or planned covered naval
24 facility.
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1 (c) FORM OF REPORT.—The report required under
2 subsection (a) shall be submitted in unclassified form
3 without any designation relating to dissemination control,
6 (1) The term ‘‘Africa’’ means all countries in
7 the area of operations of United States Africa Com-
8 mand and Egypt.
9 (2) The term ‘‘covered naval facility’’ means a
10 naval facility owned, operated, or otherwise con-
11 trolled by the People’s Republic of China or the Rus-
12 sian Federation.
13 (3) The term ‘‘naval facility’’ means a naval
14 base, civilian sea port with dual military uses, or
15 other facility intended for the use of warships or
16 other naval vessels for refueling, refitting, resupply,
17 force projection, or other military purposes.
19 SEC. 1081. TECHNICAL AND CONFORMING AMENDMENTS.
20 (a) TITLE 10, UNITED STATES CODE.—Title 10,

21 United States Code, is amended as follows:
22 (1) The table of chapters at the beginning of
23 subtitle A is amended by striking the item relating
24 to the second chapter 19 (relating to cyber matters).
25 (2) Section 113 is amended—
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1 (A) in subsection (l)(2)(F), by inserting a
2 period after ‘‘inclusion in the armed forces’’;
3 and
4 (B) in subsection (m), by redesignating the
5 second paragraph (8) as paragraph (9).
6 (3) The section heading for section 2691 is
7 amended by striking ‘‘state’’ and inserting
8 ‘‘State’’.
9 (4) Section 3014 is amended by striking ‘‘sec-
10 tion 4002(a) or 4003’’ and inserting ‘‘section
11 4021(a) or 4022’’.
12 (5) Section 4423(e) is amended by striking
13 ‘‘section 4003’’ and inserting ‘‘section 4022’’.
14 (6) Section 4831(a) is amended by striking
16 (7) Section 4833(c) is amended by striking
18 (b) NATIONAL DEFENSE AUTHORIZATION ACT FOR
19 FISCAL YEAR 2022.—Effective as of December 27, 2021,

20 and as if included therein as enacted, section 907(a) of
22 2022 (Public Law 117–81) is amended by striking ‘‘116–
23 283’’ and inserting ‘‘115–232’’.
24 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR
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1 and as if included therein as enacted, section 905(a)(2)
3 2020 (Public Law 116–92; 10 U.S.C. 391 note) is amend-
4 ed by inserting a period at the end.
5 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

7 and as if included therein as enacted, section 932(c)(2)(D)
10 amended by striking ‘‘subsection (c)(3)’’ and inserting
11 ‘‘paragraph (3)’’.
12 (e) AUTOMATIC EXECUTION OF CONFORMING
13 CHANGES TO TABLES OF SECTIONS, TABLES OF CON-
14 TENTS, AND SIMILAR TABULAR ENTRIES IN DEFENSE
15 LAWS.—
16 (1) ELIMINATION OF NEED FOR SEPARATE
17 CONFORMING AMENDMENT.—Chapter 1 of title 10,

18 United States Code, is amended by adding at the
19 end the following new section:
20 ‘‘§ 102. Effect of certain amendments on conforming
21 changes to tables of sections, tables of
22 contents, and similar tabular entries
23 ‘‘(a) AUTOMATIC EXECUTION OF CONFORMING

24 CHANGES.—When an amendment to a covered defense law
25 adds a section or larger organizational unit to the covered
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1 defense law, repeals or transfers a section or larger organi-
2 zational unit in the covered defense law, or amends the
3 designation or heading of a section or larger organiza-
4 tional unit in the covered defense law, that amendment
5 also shall have the effect of amending any table of sec-
6 tions, table of contents, or similar tabular entries in the
7 covered defense law to alter the table to conform to the
8 changes made by the amendment.
9 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to
10 an amendment described in such subsection when—
11 ‘‘(1) the amendment or a clerical amendment
12 enacted at the same time expressly amends a table
13 of sections, table of contents, or similar tabular en-
14 tries in the covered defense law to alter the table to
15 conform to the changes made by the amendment; or
16 ‘‘(2) the amendment otherwise expressly ex-
17 empts itself from the operation of this section.
18 ‘‘(c) COVERED DEFENSE LAW.—In this section, the
19 term ‘covered defense law’ means—
20 ‘‘(1) this title;
21 ‘‘(2) titles 32 and 37;
22 ‘‘(3) any national defense authorization Act
23 that authorizes funds to be appropriated for a fiscal
24 year to the Department of Defense; and
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1 ‘‘(4) any other law designated in the text there-
2 of as a covered defense law for purposes of applica-
3 tion of this section.’’.
4 (2) CONFORMING AMENDMENT.—The heading
5 of chapter 1 of title 10, United States Code, is
6 amended to read as follows:
7 ‘‘CHAPTER 1—DEFINITIONS, RULES OF
8 CONSTRUCTION, CROSS REFERENCES,
9 AND RELATED MATTERS’’.
10 (3) APPLICATION OF AMENDMENT.—Section
11 102 of title 10, United States Code, as added by

12 paragraph (1), shall apply to the amendments made
13 by this section and other amendments made by this
14 Act.
15 (f) COORDINATION WITH OTHER AMENDMENTS
16 MADE BY THIS ACT.—For purposes of applying amend-
17 ments made by provisions of this Act other than this sec-
18 tion, the amendments made by this section shall be treated
19 as having been enacted immediately before any such
20 amendments by other provisions of this Act.
21 SEC. 1082. DEPARTMENT OF DEFENSE CIVILIAN PROTEC-
22 TION CENTER OF EXCELLENCE.
23 (a) CIVILIAN PROTECTION CENTER OF EXCEL-

24 LENCE.—
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1 (1) IN GENERAL.—Chapter 7 of title 10, United
2 States Code, is amended by inserting after section
3 183a the following new section:
4 ‘‘§ 184. Civilian Protection Center of Excellence
5 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense
6 shall operate the Civilian Protection Center of Excellence.
7 The purpose of the Center shall be to—
8 ‘‘(1) serve as the focal point for matters related
9 to civilian casualties and other forms of civilian
10 harm resulting from military operations involving
11 the United States Armed Forces; and
12 ‘‘(2) institutionalize and advance knowledge,
13 practices, and tools for preventing, mitigating, and
14 responding to civilian harm.
15 ‘‘(b) PURPOSE.—The Center shall be used to—
16 ‘‘(1) develop standardized civilian-harm oper-
17 ational reporting and data management processes to
18 improve data collection, sharing, and learning across
19 the Department of Defense;
20 ‘‘(2) develop, recommend, and review guidance,
21 and the implementation of guidance, on how the De-
22 partment responds to civilian harm;
23 ‘‘(3) develop recommended guidance for ad-
24 dressing civilian harm across the full spectrum of
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1 armed conflict and for use in doctrine and oper-
2 ational plans;
3 ‘‘(4) recommend training and exercises for the
4 prevention and investigation of civilian harm;
5 ‘‘(5) develop a repository of civilian casualty
6 and civilian harm information;
7 ‘‘(6) capture lessons learned from assessments
8 and investigations of civilian casualty incidents and
9 supporting institutionalization of such lessons
10 learned within policy, doctrine, training, exercises,
11 and tactics, techniques, and procedures of the De-
12 partment of Defense;
13 ‘‘(7) support the coordination and synchroni-
14 zation of efforts across combatant commands, the
15 Department of State, and other relevant United
16 States Government departments and agencies to pre-
17 vent, mitigate, and respond to incidents of civilian
18 harm;
19 ‘‘(8) engage with nongovernmental organiza-
20 tions and civilian casualty experts; and
21 ‘‘(9) perform such other functions as the Sec-
22 retary of Defense may specify.
23 ‘‘(c) ANNUAL REPORT.—The Secretary of Defense
24 shall submit to the congressional defense committees, and
25 make publicly available on an appropriate website of the
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1 Department, an annual report on the activities of the Cen-
2 ter.’’.
4 tions at the beginning of such chapter is amended
5 by inserting after the item relating to section 183a
‘‘184. Civilian Protection Center of Excellence.’’.
7 (b) DEADLINE FOR ESTABLISHMENT.—The Civilian

8 Protection Center of Excellence, as required under section
9 184 of title 10, United States Code, as added by sub-
10 section (a), shall be established by not later than 90 days
12 (c) REPORT TO CONGRESS.—Not later than 90 days
14 of Defense shall submit to the congressional defense com-
15 mittees a report on the establishment of such Civilian Pro-
16 tection Center of Excellence.
17 SEC. 1083. RONALD V. DELLUMS MEMORIAL FELLOWSHIP
18 IN STEM.
19 Section 4093(f) of title 10, United States Code, is

21 graph:
22 ‘‘(3) In coordination with the efforts under paragraph
23 (2), the Secretary of Defense shall additionally establish
24 a program, which shall be known as the ‘Ronald V. Del-
25 lums Memorial Fellowship in STEM’, to provide financial
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1 assistance under this section to at least 30 students from
2 communities that are underrepresented in the Department
3 of Defense STEM workforce, not fewer of 50 percent of
4 whom shall attend historically Black colleges and univer-
5 sities and minority-serving institutions. As part of such
6 program, the Secretary shall establish an internship pro-
7 gram that provides each student who is awarded a fellow-
8 ship under this paragraph with an internship in an organi-
9 zation or element of the Department of Defense, and to
10 the extent practicable, each such student shall be paired
11 with a mid-level or a senior-level official of the relevant
12 organization or element of the Department of Defense who
13 shall serve as a mentor during the internship.’’.
14 SEC. 1084. AMENDMENT TO MEMORIAL FOR MEMBERS OF
15 THE ARMED FORCES KILLED IN ATTACK ON
16 HAMID KARZAI INTERNATIONAL AIRPORT.
17 Section 1087 of National Defense Authorization Act

18 for Fiscal Year 2022 (40 U.S.C. 8903 note) is amended
19 by striking ‘‘The Secretary of Defense may’’ and inserting
20 ‘‘The Secretary of Defense shall, not later than 1 year
21 after the date of enactment of the National Defense Au-
22 thorization Act for Fiscal Year 2023,’’.
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1 SEC. 1085. PUBLIC AVAILABILITY OF COST OF CERTAIN
2 MILITARY OPERATIONS.

5 ed—
6 (1) by inserting ‘‘(a) PUBLICATION OF INFOR-
7 MATION.—’’ before ‘‘The Secretary of Defense’’;
8 (2) by striking ‘‘of each of the wars in Afghani-
9 stan, Iraq, and Syria.’’ and inserting ‘‘of any contin-
10 gency operation conducted by the United States
11 Armed Forces on or after September 18, 2001.’’;
12 and
14 sections:
15 ‘‘(b) DISPLAY OF INFORMATION.—The information
16 required to be posted under subsection (a) shall, to the
17 extent practicable—
18 ‘‘(1) be posted directly on the website of the
19 Department of Defense, in an accessible and clear
20 format;
21 ‘‘(2) include corresponding documentation as
22 links or attachments; and
23 ‘‘(3) include, for each contingency operation, a
24 list of countries where the contingency operation has
25 taken place.
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1 ‘‘(c) UPDATES.—The Secretary shall ensure that all
2 the information required to be posted under subsection (a)
3 is updated by not later than 90 days after the last day
4 of each fiscal year.
5 ‘‘(d) CONTINGENCY OPERATION DEFINED.—In this
6 section, the term ‘contingency operation’ has the meaning
7 given such term in section 101(a)(13) of title 10, United
8 States Code.’’.
9 SEC. 1086. COMBATING MILITARY RELIANCE ON RUSSIAN
10 ENERGY.

12 gress that—
13 (1) reliance on Russian energy poses a critical
14 challenge for national security activities in the area
15 of responsibility of the United States European
16 Command; and
17 (2) in order to reduce the vulnerability of
18 United States military facilities to disruptions
19 caused by reliance on Russian energy, the Depart-
20 ment of Defense should establish and implement
21 plans to reduce reliance on Russian energy for all
22 main operating bases in the area of responsibility of
23 the United States European Command.
24 (b) ELIMINATING USE OF RUSSIAN ENERGY.—It
25 shall be the goal of the Department of Defense to elimi-
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1 nate the use of Russian energy on each main operating
2 base in the area of responsibility of the United States Eu-
3 ropean Command by not later than five years after the
4 date of the completion of an installation energy plan for
5 such base, as required under this section.
6 (c) INSTALLATION ENERGY PLANS FOR MAIN OPER-
7 ATING BASES.—
8 (1) IDENTIFICATION OF INSTALLATIONS.—Not
9 later than June 1, 2023, the Secretary of Defense

11 a list of main operating bases within the area of re-
12 sponsibility of the United States European Com-
13 mand ranked according to mission criticality and
14 vulnerability to energy disruption.
15 (2) SUBMITTAL OF PLANS.—Not later than 12
16 months after the date of the enactment of this Act,
17 the Secretary of Defense shall submit to the con-
18 gressional defense committees—
19 (A) an installation energy plan for each
20 main operating base on the list submitted under
22 (B) an assessment of the feasibility of
23 reaching the goal for the elimination of the use
24 of Russian energy pursuant to subsection (b) on
25 that base, including—
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1 (i) a description of the steps that
2 would be required to meet such goal; and
3 (ii) an analysis of the effects such
4 steps would have on the national security
6 (d) CONTENT OF PLANS.—Each installation energy
7 plan for a main operating base shall include each of the
8 following with respect to that base:
9 (1) An assessment of the energy resilience re-
10 quirements, resiliency gaps, and energy-related cy-
11 bersecurity requirements of the base, including with
12 respect to operational technology, control systems,
13 and facilities-related control systems.
14 (2) An identification of investments in tech-
15 nology required to improve energy resilience, reduce
16 demand, strengthen energy conservation, and sup-
17 port mission readiness.
18 (3) An identification of investments in infra-
19 structure, including microgrids, required to strength-
20 en energy resilience and mitigate risk due to grid
21 disturbance.
22 (4) Recommendations related to opportunities
23 for the use of renewable energy, clean energy, nu-
24 clear energy, and energy storage projects to reduce
25 dependence on natural gas.
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1 (5) An assessment of how the requirements and
2 recommendations included pursuant to paragraphs
3 (2) through (4) interact with the energy policies of
4 the country where the base is located, both at
5 present and into the future.
6 (e) IMPLEMENTATION OF PLANS.—
7 (1) DEADLINE FOR IMPLEMENTATION.—Not
8 later than 30 days after the date on which the Sec-

9 retary submits an installation energy plan for a base
10 under subsection (c)(2), the Secretary shall—
11 (A) begin implementing the plan; and
12 (B) provide to the congressional defense
13 committees a briefing on the contents of the
14 plan and the strategy of the Secretary for im-
15 plementing the mitigation measures identified
16 in the plan.
17 (2) PRIORITIZATION OF CERTAIN PROJECTS.—
18 In implementing an installation energy plan for a

19 base under this section, the Secretary shall prioritize
20 projects requested under section 2914 of title 10,
21 United States Code, to mitigate assessed risks and
22 improve energy resilience, energy security, and en-
23 ergy conservation at the base.
24 (3) NONAPPLICATION OF CERTAIN OTHER AU-
25 THORITIES.—Subsection (d) of section 2914 of title
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1 10, United States Code, shall not apply with respect
2 to any project carried out pursuant to this section
3 or pursuant to an installation energy plan for a base
5 (f) POLICY FOR FUTURE BASES.—The Secretary of
6 Defense shall establish a policy to ensure that any new
7 military base in the area of responsibility of the United
8 States European Command is established in a manner
9 that proactively includes the consideration of energy secu-
10 rity, energy resilience, and mitigation of risk due to energy
11 disruption.
12 (g) ANNUAL CONGRESSIONAL BRIEFINGS.—The Sec-
13 retary of Defense shall provide to the congressional de-
14 fense committees annual briefings on the installation en-
15 ergy plans required under this section. Such briefings shall
16 include an identification of each of the following:
17 (1) The actions each main operating base is
18 taking to implement the installation energy plan for
19 that base.
20 (2) The progress that has been made toward re-
21 ducing the reliance of United States bases on Rus-
22 sian energy.
23 (3) The steps being taken and planned across
24 the future-years defense program to meet the goal of
25 eliminating reliance on Russian energy.
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1 SEC. 1087. ESTABLISHMENT OF JOINT FORCE HEAD-
2 QUARTERS IN AREA OF OPERATIONS OF
3 UNITED STATES INDO-PACIFIC COMMAND.
4 (a) ESTABLISHMENT.—Not later than October 1,

5 2024, the Secretary of Defense shall establish a joint force
6 headquarters in the area of operations of United States
7 Indo-Pacific Command, in accordance with the implemen-
8 tation plan required under subsection (b).
9 (b) IMPLEMENTATION PLAN AND ESTABLISHMENT
10 OF JOINT FORCE HEADQUARTERS.—
11 (1) IMPLEMENTATION PLAN.—Not later than
13 the Secretary of Defense shall submit to the con-
14 gressional defense committees an implementation
15 plan for the establishment of a joint force head-
16 quarters in the area of operations of United States
17 Indo-Pacific Command to serve as an operational
18 command. Such plan shall include—
19 (A) the integration of joint all domain
20 command and control effects chains and mis-
21 sion command and control, including in con-
22 flicts that arise with minimal warning;
23 (B) the integration of the capabilities of
24 Assault Breaker II, developed by the Defense
25 Advanced Research Projects Agency, and re-
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1 lated developmental efforts as they transition to
2 operational deployment;
3 (C) the exercise of other joint all domain
4 command and control capabilities and func-
5 tions; and
6 (D) such other missions and operational
7 tasks as the Secretary determines appropriate.
9 graph (1) shall include each of the following with re-
10 spect to the joint force headquarters to be estab-
11 lished:
12 (A) A description of the operational chain
13 of command.
14 (B) An identification of the manning and
15 resourcing required, relative to assigned mis-
16 sions, particularly the sources of personnel re-
17 quired.
18 (C) A description of the mission and lines
19 of effort.
20 (D) A description of the relationship with
21 existing entities in United States Indo-Pacific
22 Command, including an assessment of com-
23 plementary and duplicative activities with such
24 entities and the joint force headquarters.
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1 (E) An identification of supporting infra-
2 structure required.
3 (F) Such other matters as the Secretary
5 (c) SUPPORT FOR JOINT FORCE HEADQUARTERS.—
6 The commander of the joint force headquarters estab-
7 lished under this section shall be supported by the United
8 States Indo-Pacific Command subordinate unified com-
9 mands, subordinate component commands, standing joint
10 task force, and the Armed Forces.
11 (d) ANNUAL REPORT REQUIRED.—
13 after the date of the establishment of the joint force
14 headquarters required under subsection (a), and not
15 less frequently than once each year thereafter until
16 December 31, 2028, the Secretary of Defense shall
17 submit to the congressional defense committees an
18 annual report on the joint force headquarters estab-
19 lished under this section.
20 (2) CONTENTS.—Each report submitted under
22 (A) A description of the mission and lines
23 of effort of the joint force headquarters.
24 (B) An accounting of the personnel and
25 other resources supporting the joint force head-
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1 quarters, including support external to the
2 headquarters.
3 (C) A description of the operational chain
4 of command of the joint force headquarters.
5 (D) An assessment of the manning and
6 resourcing of the joint force headquarters, rel-
7 ative to assigned missions.
8 (E) A description of the relationship with
9 existing entities in Indo-Pacific Command, in-
10 cluding an assessment of complementary and
11 duplicative activities with such entities and the
12 joint force headquarters.
13 (3) FORM.—Each report submitted under para-
16 SEC. 1088. NATIONAL TABLETOP EXERCISE.
17 (a) REQUIREMENT.—Not later than one year after

19 Defense shall conduct a tabletop exercise designed to as-
20 sess the resiliency of United States domestic critical infra-
21 structure supporting United States military requirements
22 in the event of a military contingency involving Taiwan.
23 (b) ELEMENTS.—A tabletop exercise under this sec-
24 tion shall be designed to evaluate the following elements:
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1 (1) The resilience of domestic critical infra-
2 structure and logistical chokepoints necessary for the
3 United States Armed Forces to respond to a contin-
4 gency involving Taiwan, including an assessment of
5 the mobility of the United States Armed Forces in
6 the event of attacks upon such infrastructure.
7 (2) Federal Government response options to en-
8 sure the viability of domestic critical infrastructure
9 in the event of a military contingency involving Tai-
10 wan.
11 (3) The ability of the United States Armed
12 Forces, with the armed forces of United States allies
13 and partners, to resist any resort to force or other
14 form of coercion by an aggressor in the event of a
15 military contingency involving Taiwan, if domestic
16 critical infrastructure is compromised.
17 (4) The importance of nonmilitary actions, in-
18 cluding economic and financial measures, by the
19 United States, with United States allies and part-
20 ners, to deter and, if necessary, respond to a contin-
21 gency involving Taiwan.
22 (c) CONSULTATION REQUIREMENT.—In carrying out
23 this section, the Secretary shall consult with the heads of
24 other appropriate Federal departments and agencies, as
25 the Secretary determines appropriate.
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1 (d) BRIEFING.—
3 the date on which a tabletop exercise is conducted
4 under this section, the Secretary shall provide to the
5 appropriate congressional committees a briefing on
6 the exercise.
7 (2) CONTENTS.—A briefing under paragraph
9 (A) an assessment of the decision-making,
10 capability, and response gaps observed in the
11 tabletop exercise; and
12 (B) recommendations to improve the resil-
13 iency of, and reduce vulnerabilities in, the do-
14 mestic critical infrastructure of the United
15 States in the event of a military contingency in-
16 volving Taiwan.
21 Committee on Foreign Affairs, and the Com-
22 mittee on Oversight and Reform of the House
23 of Representatives; and
25 Committee on Foreign Relations, and the Com-
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1018
1 mittee on Homeland Security and Government
2 Affairs of the Senate.
3 (2) The term ‘‘tabletop exercise’’ means an ac-
4 tivity—
5 (A) in which key personnel assigned high-
6 level roles and responsibilities are gathered to
7 deliberate various simulated emergency or rapid
8 response situations; and
9 (B) that is designed to be used to assess
10 the adequacy of plans, policies, procedures,
11 training, resources, and relationships or agree-
12 ments that guide prevention of, response to,
13 and recovery from a defined event.
14 SEC. 1089. PERSONNEL SUPPORTING THE OFFICE OF THE
15 ASSISTANT SECRETARY OF DEFENSE FOR
16 SPECIAL OPERATIONS AND LOW INTENSITY
17 CONFLICT.
18 (a) PLAN REQUIRED.—Not later than 30 days after

19 the date of the completion of the manpower study required
20 by the Joint Explanatory Statement accompanying the
22 (Public Law 117–81), the Secretary of Defense shall sub-
23 mit to the congressional defense committees a plan for
24 adequately staffing the Office of the Assistant Secretary
25 of Defense for Special Operations and Low Intensity Con-
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1019
1 flict to fulfill the requirements of section 138(b)(2)(A)(i)
2 of title 10, United States Code, for exercising authority,
3 direction, and control of all special-operations peculiar ad-
4 ministrative matters relating to the organization, training,
5 and equipping of special operations forces.
6 (b) ADDITIONAL INFORMATION.—The Secretary shall
7 ensure the plan required under subsection (a) is informed
8 by the manpower study required by the Joint Explanatory
9 Statement accompanying the National Defense Authoriza-
10 tion Act for Fiscal Year 2022 (Public Law 117–81).
11 (c) ELEMENTS.—The plan required under subsection
12 (a) shall include the following elements:
13 (1) A validated number of personnel necessary
14 to fulfill the responsibilities of the Secretariat for
15 Special Operations outlined in section 139b of title
16 10, United States Code, and associated funding
17 across the future-years defense program submitted
18 to Congress under section 221 of title 10, United
19 States Code.
20 (2) A hiring plan with milestones for gradually
21 increasing the number of required personnel.
22 (3) A breakdown of the optimal mix of required
23 military, civilian, and contractor personnel.
24 (4) An analysis of the feasibility and advis-
25 ability of assigning a member of the Senior Execu-
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1020
1 tive Service to serve as the Deputy Director of the
2 Secretariat for Special Operations.
3 (5) An identification of any anticipated funding
4 shortfalls for personnel supporting the Secretariat
5 for Special Operations across the future-years de-
6 fense program submitted to Congress under section
8 (6) Any other matters the Secretary determines
9 relevant.
10 SEC. 1090. SENSE OF CONGRESS ON REDESIGNATION OF
11 THE AFRICA CENTER FOR STRATEGIC STUD-
12 IES AS THE JAMES M. INHOFE CENTER FOR
13 AFRICA STRATEGIC STUDIES.
14 It is the sense of Congress that—

15 (1) Senator James M. Inhofe—
16 (A) has, during his more than three dec-
17 ades of service in the United States Congress—
18 (i) demonstrated a profound commit-
19 ment to strengthening United States-Afri-
20 ca relations; and
21 (ii) been one of the foremost leaders
22 in Congress on matters related to United
23 States-Africa relations;
24 (B) was a key advocate for the establish-
25 ment of United States Africa Command; and
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1021
1 (C) has conducted 170 visits to countries
2 in Africa; and
3 (2) as a recognition of Senator Inhofe’s long
4 history of engaging with, and advocating for, Africa,
5 the Department of Defense Africa Center for Stra-
6 tegic Studies should be renamed the James M.
7 Inhofe Center for Africa Strategic Studies.
8 SEC. 1091. INTEGRATION OF ELECTRONIC WARFARE INTO
9 TIER 1 AND TIER 2 JOINT TRAINING EXER-
10 CISES.
11 (a) IN GENERAL.—During fiscal years 2023 through

12 2027, the Chairman of the Joint Chiefs of Staff shall re-
13 quire that offensive and defensive electronic warfare capa-
14 bilities be integrated into Tier 1 and Tier 2 joint training
15 exercises.
16 (b) REQUIREMENT TO INCLUDE OPPOSING FORCE.—
17 The Chairman shall require exercises conducted under
18 subsection (a) to include an opposing force design based
19 on a current intelligence assessment of the electromagnetic
20 order of battle and capabilities of an adversary.
21 (c) WAIVER.—The Chairman may waive the require-
22 ments under subsections (a) and (b) with respect to an
23 exercise if the Chairman determines that—
24 (1) the exercise does not require—
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1 (A) a demonstration of electronic warfare
2 capabilities; or
3 (B) a militarily significant threat from
4 electronic warfare attack; or
5 (2) the integration of offensive and defensive
6 electronic warfare capabilities into the exercise is
7 cost prohibitive or not technically feasible based on
8 the overall goals of the exercise.
9 (d) BRIEFING REQUIRED.—Concurrent with the sub-
10 mission of the budget of the President to Congress pursu-
11 ant to section 1105(a) of title 31, United States Code,
12 for each of fiscal years 2023 through 2027, the Chairman
13 shall provide to the congressional defense committees a
14 briefing on exercises conducted under subsection (a) that
15 includes—
16 (1) a description of such exercises planned and
17 included in the budget submission for that fiscal
18 year; and
19 (2) the results of each such exercise conducted
20 in the preceding fiscal year, including—
21 (A) the extent to which offensive and de-
22 fensive electronic warfare capabilities were inte-
23 grated into the exercise;
24 (B) an evaluation and assessment of the
25 exercise to determine the impact of the oppos-
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1023
1 ing force on the participants in the exercise, in-
2 cluding—
3 (i) joint lessons learned;
4 (ii) high interest training issues; and
5 (iii) high interest training require-
6 ments; and
7 (C) whether offensive and defensive elec-
8 tronic warfare capabilities were part of an over-
9 all joint fires and, if so, a description of how
10 such capabilities were incorporated into the
11 joint fires.
13 (1) The term ‘‘electromagnetic order of battle’’
14 has the meaning given that term in Joint Publica-
15 tion 3-85 titled ‘‘Joint Electromagnetic Spectrum
16 Operations’’, dated May 2020.
17 (2) The terms ‘‘high interest training issue’’,
18 ‘‘high interest training requirement’’, ‘‘Tier 1’’, and
19 ‘‘Tier 2’’ have the meanings given those terms in the
20 Joint Training Manual for the Armed Forces of the
21 United States (Document No. CJCSM 3500.03E),
22 dated April 20, 2015.
23 (3) The term ‘‘joint fires’’ has the meaning
24 given that term in the publication of the Joint Staff
25 titled ‘‘Insights and Best Practices Focus Paper on
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1024
1 Integration and Synchronization of Joint Fires’’,
2 dated July 2018.
3 SEC. 1092. NATIONAL COMMISSION ON THE FUTURE OF
4 THE NAVY.
6 (1) IN GENERAL.—There is established an inde-
7 pendent commission in the legislative branch to be
8 known as the ‘‘Commission on the Future of the
9 Navy’’ (in this section referred to as the ‘‘Commis-
10 sion’’).
11 (2) DUTIES OF COMMISSION.—
12 (A) STUDY ON NAVAL FORCE STRUC-
13 TURE.—
14 (i) IN GENERAL.—The Commission

15 shall undertake a comprehensive study of
16 the structure of the Navy and policy as-
17 sumptions related to the size and force
18 mixture of the Navy, in order—
19 (I) to make recommendations on
20 the size and force mixture of ships;
21 and
22 (II) to make recommendations on
23 the size and force mixture of naval
24 aviation.
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1 (ii) CONSIDERATIONS.—In under-
2 taking the study required by this sub-
3 section, the Commission shall carry out
4 each of the following:
5 (I) An evaluation and identifica-
6 tion of a structure for the Navy
7 that—
8 (aa) has the depth and
9 scalability to meet current and
10 anticipated requirements of the
11 combatant commands;
12 (bb) assumes four different
13 funding levels of: fiscal year 2023
14 appropriated plus inflation; fiscal
15 year 2023 appropriated with 3–5
16 percent real growth; such as is
17 necessary to build, man, maintain
18 and modernize the fleet required
19 by section 1025 of the National
20 Defense Authorization Act for
21 2018 (Public Law 115–91); and
22 notionally unconstrained to meet
23 the needs of the National De-
24 fense Strategy including a par-
25 ticular focus on the areas of re-
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1 sponsibility of United States
2 Indo-Pacific Command and
3 United States European Com-
4 mand;
5 (cc) ensures that the Navy
6 has the capacity needed to sup-
7 port current and anticipated
8 homeland defense and disaster
9 assistance missions in the United
10 States;
11 (dd) provides for sufficient
12 numbers of members of the Navy
13 to ensure a 115 percent manning
14 level of all deployed ships and not
15 less than a 90 percent manning
16 level at any point in time;
17 (ee) provides a sustainable
18 force generation model with the
19 associated rotational presence,
20 personnel, training, and mainte-
21 nance assumptions;
22 (ff) identifies forward basing
23 and stationing requirements; and
24 (gg) identifies potential stra-
25 tegic and operational risk trade-
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1 offs and makes recommendations
2 among readiness, efficiency, ef-
3 fectiveness, capability, and af-
4 fordability.
5 (II) An evaluation and identifica-
6 tion of combatant command demand
7 and fleet size, including recommenda-
8 tions to support—
9 (aa) readiness;
10 (bb) training;
11 (cc) routine ship mainte-
12 nance;
13 (dd) personnel;
14 (ee) forward presence;
15 (ff) depot level ship mainte-
16 nance; and
17 (gg) fleet modernization.
18 (III) A detailed review of the cost
19 of the recapitalization of the Nuclear
20 Triad in the Department of Defense
21 and its effect on the Navy’s budget.
22 (IV) A review of Navy personnel
23 policies and training to determine
24 changes needed across all personnel
25 activities to improve training effective-
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1 ness and force tactical readiness and
2 reduce operational stress.
3 (B) STUDY ON SHIPBUILDING AND INNO-
4 VATION.—

6 shall conduct a study on shipbuilding, new
7 construction, and repair shipyards, and op-
8 portunities to better integrate advanced
9 technologies such as augmented reality and
10 artificial intelligence in the fleet.
11 (ii) CONSIDERATIONS.—In conducting
12 the study required under this subsection,
13 the Commission shall consider the fol-
14 lowing:
15 (I) Recommendations for specific
16 changes to the Navy’s Shipyard Infra-
17 structure Optimization Program,
18 which may include legislative changes
19 such as providing multi-year appro-
20 priations or expanded use of innova-
21 tive technology.
22 (II) Recommendations for
23 changes to the ship design and build
24 program that could reduce technical
25 and schedule risk, reduce cost, accel-
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1029
1 erate build timelines, and prioritize an
2 incremental approach to introducing
3 change.
4 (III) Recommendations for
5 changes to the ship depot mainte-
6 nance program in order to reduce
7 overhaul timelines, integrate current
8 technologies into ships, and reduce
9 costs.
10 (3) POWERS OF COMMISSION.—
11 (A) HEARINGS.—The Commission may

12 hold such hearings, sit and act at such times
13 and places, take such testimony, and receive
14 such evidence as the Commission considers ad-
15 visable to carry out its duties under this sec-
16 tion.
17 (B) INFORMATION FROM FEDERAL AGEN-
18 CIES.—The Commission may secure directly

19 from any Federal department or agency such
20 information as the Commission considers nec-
21 essary to carry out its duties under this section.
22 Upon request of the Co-Chairs of the Commis-
23 sion, the head of such department or agency
24 shall furnish such information to the Commis-
25 sion.
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1 (C) USE OF POSTAL SERVICE.—The Com-
2 mission may use the United States mails in the
3 same manner and under the same conditions as
4 other departments and agencies of the Federal
5 Government.
6 (D) AUTHORITY TO ACCEPT GIFTS.—

8 may accept, use, and dispose of gifts or do-
9 nations of services, goods, and property
10 from non-Federal entities for the purposes
11 of aiding and facilitating the work of the
12 Commission. The authority under this
13 paragraph does not extend to gifts of
14 money.
15 (ii) DOCUMENTATION; CONFLICTS OF
16 INTEREST.—The Commission shall docu-

17 ment gifts accepted under the authority
18 provided by clause (i) and shall avoid con-
19 flicts of interest or the appearance of con-
20 flicts of interest.
21 (iii) COMPLIANCE WITH CONGRES-
22 SIONAL ETHICS RULES.—Except as specifi-

23 cally provided in this section, a member of
24 the Commission shall comply with rules set
25 forth by the Select Committee on Ethics of
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1031
1 the Senate and the Committee on Ethics of
2 the House of Representatives governing
3 employees of the Senate and the House of
4 Representatives, respectively.
5 (4) REPORT REQUIRED.—Not later than July
6 1, 2024, the Commission shall submit to the Com-
7 mittees on Armed Services of the Senate and House
8 of Representatives an unclassified report, with clas-
9 sified annexes if necessary, that includes the find-
10 ings and conclusions of the Commission as a result
11 of the studies required under this section, together
12 with its recommendations for such legislative actions
13 as the Commission considers appropriate in light of
14 the results of the studies.
15 (b) MEMBERSHIP.—
16 (1) COMPOSITION.—The Commission shall be
17 composed of 8 members, of whom—
18 (A) one shall be appointed by the Speaker
19 of the House of Representatives;
20 (B) one shall be appointed by the Minority
21 Leader of the House of Representatives;
22 (C) one shall be appointed by the Majority
23 Leader of the Senate;
24 (D) one shall be appointed by the Minority
25 Leader of the Senate;
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1032
1 (E) one shall be appointed by the Chair-
2 man of the Committee on Armed Services of
3 the Senate;
4 (F) one shall be appointed by the Ranking
5 Member of the Committee on Armed Services of
6 the Senate;
7 (G) one shall be appointed by the Chair-
8 man of the Committee on Armed Services of
9 the House of Representatives; and
10 (H) one shall be appointed by the Ranking
11 Member of the Committee on Armed Services of
13 (2) CO-CHAIRS.—There shall be two Co-Chairs
14 of the Commission. The Republican leadership of the
15 Senate and House of Representatives shall jointly
16 select one Co-Chair, and the Democratic leadership
17 of the Senate and House of Representatives shall
18 jointly select the other.
19 (3) APPOINTMENT DATE; NOTIFICATIONS.—
20 (A) Members shall be appointed to the

21 commission under paragraph (1) by not later
22 than 90 days after the date of enactment of
23 this Act.
24 (B) Individuals making appointments
25 under paragraph (1) shall provide notice of the
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1033
1 appointments to the Secretary of Defense (in
2 this section referred to as the ‘‘Secretary’’).
3 (4) QUALIFICATIONS AND EXPERTISE.—
4 (A) IN GENERAL.—In making appoint-

5 ments under this subsection, consideration shall
6 be given to individuals with expertise in—
7 (i) United States naval policy and
8 strategy;
9 (ii) naval forces capability;
10 (iii) naval nuclear propulsion and
11 weapons;
12 (iv) naval force structure design, orga-
13 nization, and employment;
14 (v) Navy personnel matters;
15 (vi) Navy acquisition and
16 sustainment;
17 (vii) Navy shipbuilding;
18 (viii) naval aviation aircraft procure-
19 ment; and
20 (ix) Navy ship and aircraft depot
21 maintenance.
22 (B) RESTRICTION ON APPOINTMENT.—Of-
23 ficers or employees of the Federal Government

24 (other than experts or consultants the services
25 of which are procured under section 3109 of
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1034
1 title 5, United States Code) may not be ap-
2 pointed as members of the Commission.
3 (C) RESTRICTION ON MEMBERS OF CON-
4 GRESS.—Members of Congress may not serve

5 on the Commission.
6 (5) PERIOD OF APPOINTMENT; VACANCIES; RE-
7 MOVAL OF MEMBERS.—
8 (A) APPOINTMENT DURATION.—Members
9 shall be appointed for the life of the Commis-

10 sion.
11 (B) VACANCIES.—Any vacancy in the
12 Commission shall not affect its powers, but
13 shall be filled in the same manner as the origi-
14 nal appointment.
15 (C) REMOVAL OF MEMBERS.—A member
16 may be removed from the Commission for cause
17 by the individual serving in the position respon-
18 sible for the original appointment of such mem-
19 ber under subsection (b)(1), provided that no-
20 tice has first been provided to such member of
21 the cause for removal and voted and agreed
22 upon by three quarters of the members serving.
23 A vacancy created by the removal of a member
24 under this subsection shall not affect the pow-
25 ers of the Commission, and shall be filled in the
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1035
1 same manner as the original appointment was
2 made.
3 (D) QUORUM.—.A majority of the mem-
4 bers serving on the Commission shall constitute
5 a quorum.
6 (E) INITIAL MEETING.—Not later than 30
7 days after the date on which all members of the
8 Commission have been appointed as published
9 in the Congressional Record, the Commission
10 shall hold its initial meeting.
11 (c) PERSONNEL MATTERS.—
12 (1) STATUS AS FEDERAL EMPLOYEES.—Not-
13 withstanding the requirements of section 2105 of

14 title 5, United States Code, including the required
15 supervision under subsection (a)(3) of such section,
16 members of the Commission shall be deemed to be
17 Federal employees in the legislative branch subject
18 to all the laws and policies applicable to legislative
19 branch employees.
20 (2) OATH OF OFFICE.—Notwithstanding the
21 provision of section 2903(b) of title 5, United States
22 Code, an employee of an Executive Branch agency,
23 otherwise authorized to administer oaths under sec-
24 tion 2903 of title 5, United States Code, may ad-
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1036
1 minister the oath of office to Commissioners for the
2 purpose of their service to the Commission.
3 (3) SECURITY CLEARANCES.—The appropriate
4 Federal departments or agencies shall cooperate
5 with the Commission in expeditiously providing to
6 the Commission members and staff appropriate se-
7 curity clearances to the extent possible pursuant to
8 existing procedures and requirements, except that no
9 person may be provided with access to classified in-
10 formation under this Act without the appropriate se-
11 curity clearances.
12 (4) PAY FOR MEMBERS.—Each member of the
13 Commission may be compensated at a rate not to
14 exceed the daily equivalent of the annual rate of
15 basic pay payable for level IV of the Executive
16 Schedule under section 5315 of title 5, United
17 States Code, for each day (including travel time)
18 during which such member is engaged in the per-
19 formance of the duties of the Commission. All mem-
20 bers of the Commission who are officers or employ-
21 ees of the United States shall serve without com-
22 pensation additional to that received for their serv-
23 ices as officers or employees of the United States.
24 (5) STAFF.—
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1037
1 (A) EXECUTIVE DIRECTOR.—The Co-
2 Chairs of the Commission may appoint and fix
3 the rate of basic pay for an Executive Director
4 in accordance with section 3161 of title 5,
6 (B) COMMISSION STAFF.—The Executive
7 Director may appoint and fix the rate of basic
8 pay for additional personnel as staff of the
9 Commission in accordance with section 3161 of
11 (C) DETAILEES AUTHORIZED.—On a reim-
12 bursable or non-reimbursable basis, the heads
13 of departments and agencies of the Federal
14 Government may provide, and the Commission
15 may accept personnel detailed from such de-
16 partments and agencies, including active-duty
17 military personnel.
18 (D) TRAVEL EXPENSES.—The members
19 and staff of the Commission shall be allowed
20 travel expenses, including per diem in lieu of
21 subsistence, at rates authorized for employees
22 of agencies under subchapter I of chapter 57 of
23 title 5, United States Code, while away from
24 their homes or regular places of business in the
25 performance of services for the Commission.
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1038
1 (d) SUPPORT.—
2 (1) ASSISTANCE FROM DEPARTMENT OF DE-
3 FENSE.—
4 (A) IN GENERAL.—Of the amounts author-

5 ized to be appropriated for the Department of
6 Defense for support of the Commission, the
7 Secretary may make transfers to the Commis-
8 sion for commission expenses, including com-
9 pensation of commission members, officers, and
10 employees, and provision of other such services,
11 funds, facilities, and other support services as
12 necessary for the performance of the Commis-
13 sion’s functions. Funds made available to sup-
14 port and provide assistance to the Commission
15 may be used for payment of compensation of
16 members, officers, and employees of the Com-
17 mission without transfer under this subpara-
18 graph. Amounts transferred under this sub-
19 paragraph shall remain available until ex-
20 pended. Transfer authority provided by this
21 subparagraph is in addition to any other trans-
22 fer authority provided by law. Section 2215 of
23 title 10, United States Code, shall not apply to
24 a transfer of funds under this subparagraph.
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1 (B) TREASURY ACCOUNT AUTHORIZED.—
2 The Secretary of the Treasury may establish an

3 account or accounts for the Commission from
4 which any amounts transferred under this
5 clause may be used for activities of the Com-
6 mission.
7 (2) LIAISON.—The Secretary shall designate at
8 least one officer or employee of the Department of
9 Defense to serve as a liaison officer between the De-
10 partment and the Commission.
11 (3) ADDITIONAL SUPPORT.—To the extent that
12 funds are available for such purpose, or on a reim-
13 bursable basis, the Secretary may, at the request of
14 the Co-Chairs of the Commission—
15 (A) enter into contracts for the acquisition
16 of administrative supplies and equipment for
17 use by the Commission; and
18 (B) make available the services of a Fed-
19 eral funded research and development center or
20 an independent, nongovernmental organization,
21 described under section 501(c)(3) of the Inter-
22 nal Revenue Code of 1986 and exempt from
23 taxation under section 501(a) of such Code.
24 (4) PRELIMINARY ADMINISTRATIVE SUPPORT
25 AUTHORIZED.—Upon the appointment of the Co-
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1040
1 Chairs under subsection (b), the Secretary may pro-
2 vide administrative support authorized under this
3 section necessary to facilitate the standing up of the
4 Commission.
5 (e) TERMINATION OF COMMISSION.—The Commis-
6 sion shall terminate 90 days after the submission of the
7 report required under subsection (a).
8 SEC. 1093. DYNAMIC AIRSPACE PILOT PROGRAM.
9 (a) PILOT PROGRAM.—

10 (1) PILOT PROGRAM REQUIRED.—Not later
11 than 90 days after the date of the enactment of this
12 Act, the Administrator of the Federal Aviation Ad-
13 ministration, in coordination with the Secretary of
14 Defense, shall establish a pilot program for the pur-
15 pose of developing, testing, and assessing dynamic
16 scheduling and management of special activity air-
17 space in order to accommodate emerging military
18 testing and training requirements, including—
19 (A) special activity airspace for use by the
20 Department of Defense for emerging military
21 testing and training requirements of infrequent
22 or limited durations; and
23 (B) streamlining the process for the De-
24 partment of Defense to request the designation
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1041
1 of special activity airspace for activities de-
2 scribed in subparagraph (A).
3 (2) DEVELOPMENT, TEST, AND ASSESSMENT OF
4 DYNAMIC AIRSPACE.—Under the pilot program es-

5 tablished under paragraph (1), the Administrator
6 and the Secretary shall jointly test not less than two
7 use cases concerning temporary or permanent spe-
8 cial activity airspace established by the Federal
9 Aviation Administration for use by the Department
10 of Defense that develop, test, and assess—
11 (A) the availability of such airspace on an
12 infrequent or limited duration necessary to ac-
13 commodate the Department of Defense’s emerg-
14 ing military testing and training requirements;
15 and
16 (B) whether the processes for the Depart-
17 ment of Defense to request special activity air-
18 space for infrequent or limited duration military
19 testing and training events meet Department of
20 Defense testing and training requirements.
21 (b) REQUIREMENTS.—The pilot program established
22 by subsection (a) shall not interfere with—
23 (1) the public’s right of transit consistent with
24 national security;
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1 (2) the use of airspace necessary to ensure the
2 safety of aircraft within the National Airspace Sys-
3 tem;
4 (3) the use of airspace necessary to ensure the
5 efficient use of the National Airspace System; and
6 (4) Department of Defense use of special activ-
7 ity airspace that is established through means other
8 than the pilot program established by subsection (a).
9 (c) REPORT BY THE ADMINISTRATOR.—
10 (1) IN GENERAL.—Not later than two years
11 after the date of the establishment of the pilot pro-
12 gram under subsection (a)(1), the Administrator
13 shall submit to the appropriate committees of Con-
14 gress a report on the interim findings of the Admin-
15 istrator with respect to the pilot program.
16 (2) ELEMENTS.—The report submitted under
17 paragraph (1) shall include an analysis of the fol-
18 lowing:
19 (A) How the pilot program established
20 under subsection (a)(1) affected policies on es-
21 tablishing and scheduling special activity air-
22 space with an emphasis on the impact of alloca-
23 tion and utilization policies to other nonpartici-
24 pating aviation users of the National Airspace
25 System.
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1 (B) Whether the streamlined processes for
2 dynamic scheduling and management of special
3 activity airspace involved in the pilot program
4 established under subsection (a)(1) contributed
5 to—
6 (i) the public’s right of transit con-
7 sistent with national security;
8 (ii) the use of airspace necessary to
9 ensure the safety of aircraft within the Na-
10 tional Airspace System; and
11 (iii) the use of airspace necessary to
12 ensure the efficient use of the National
13 Airspace System.
14 (d) REPORT BY THE SECRETARY OF DEFENSE.—Not
15 later than two years after the date of the establishment
16 of the pilot program under subsection (a)(1), the Sec-
17 retary shall submit to the appropriate committees of Con-
18 gress a report on the interim findings of the Secretary
19 with respect to the pilot program. Such report shall in-
20 clude an analysis of how the pilot program affected mili-
21 tary testing and training.
23 (1) The term ‘‘appropriate committees of Con-
24 gress’’ means—
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1 (A) the Committee on Commerce, Science,
2 and Transportation, the Committee on Armed
3 Services, and the Committee on Appropriations
4 of the Senate; and
5 (B) the Committee on Transportation and
6 Infrastructure, the Committee on Science,
7 Space, and Technology, the Committee on
8 Armed Services, and the Committee on Appro-
9 priations of the House of Representatives.
10 (2) The term ‘‘special activity airspace’’ means
11 the following airspace with defined dimensions with-
12 in the National Airspace System wherein limitations
13 may be imposed upon aircraft operations:
14 (A) Restricted areas.
15 (B) Military operations areas.
16 (C) Air traffic control assigned airspace.
17 (D) Warning areas.
18 (3) The term ‘‘use cases’’ means a compendium
19 of airspace utilization data collected from the devel-
20 opment, testing, and assessment conducted under
21 subsection (a)(1), and other test points or metrics as
22 agreed to by the Administrator and the Secretary,
23 within a specific geographic region as determined by
24 the Administrator and Secretary.
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1 (f) DURATION.—The pilot program under subsection
2 (a)(1) shall continue for not more than three years after
3 the date on which it is established.
4 TITLE XI—CIVILIAN PERSONNEL
5 MATTERS
Sec. 1101. Restricted reporting option for Department of Defense civilian em-
ployees choosing to report experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, ben-
efits, and gratuities to civilian personnel on official duty in a
combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the Depart-
ment of Defense.
Sec. 1105. Temporary extension of authority to provide security for former De-
partment of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology posi-
tions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-limited ap-
pointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract experts
in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic shaping of
the workforce to improve the technical skills and expertise at
certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for noncompetitive
appointments of military spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of cyber
and information technology personnel to private sector organi-
zations.
6 SEC. 1101. RESTRICTED REPORTING OPTION FOR DEPART-
7 MENT OF DEFENSE CIVILIAN EMPLOYEES
8 CHOOSING TO REPORT EXPERIENCING
9 ADULT SEXUAL ASSAULT.

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1 ‘‘§ 1599j. Restricted reports of incidents of adult sex-
2 ual assault
3 ‘‘(a) RESTRICTED REPORTS.—The Secretary of De-

4 fense may provide a civilian employee of the Department
5 of Defense an opportunity to submit to an individual de-
6 scribed in subsection (d) a restricted report of an alleged
7 incident of adult sexual assault for the purpose of assist-
8 ing the employee in obtaining information and access to
9 authorized victim support services provided by the Depart-
10 ment.
11 ‘‘(b) RESTRICTIONS ON DISCLOSURES AND INITI-
12 ATING INVESTIGATIONS.—Unless the Secretary deter-
13 mines that a disclosure is necessary to prevent or mitigate
14 a serious and imminent safety threat to the employee sub-
15 mitting the report or to another person, a restricted report
16 submitted pursuant to subsection (a) shall not—
17 ‘‘(1) be disclosed to the supervisor of the em-
18 ployee or any other management official; or
19 ‘‘(2) cause the initiation of a Federal civil or
20 criminal investigation.
21 ‘‘(c) DUTIES UNDER OTHER LAWS.—The receipt of
22 a restricted report submitted under subsection (a) shall
23 not be construed as imputing actual or constructive knowl-
24 edge of an alleged incident of sexual assault to the Depart-
25 ment of Defense for any purpose.
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1 ‘‘(d) INDIVIDUALS AUTHORIZED TO RECEIVE RE-
2 STRICTED REPORTS.—An individual described in this sub-
3 section is an individual who performs victim advocate du-
4 ties under a program for one or more of the following pur-
5 poses (or any other program designated by the Secretary):
6 ‘‘(1) Sexual assault prevention and response.
7 ‘‘(2) Victim advocacy.
8 ‘‘(3) Equal employment opportunity.
9 ‘‘(4) Workplace violence prevention and re-
10 sponse.
11 ‘‘(5) Employee assistance.
12 ‘‘(6) Family advocacy.
14 ‘‘(1) CIVILIAN EMPLOYEE.—The term ‘civilian
15 employee’ has the meaning given the term ‘employee’
16 in section 2105 of title 5.
17 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as-
18 sault’ has the meaning given that term in section
19 920 of this title (article 120 of the Uniform Code of
20 Military Justice), and includes penetrative offenses
21 and sexual contact offenses.’’.
23 at the beginning of such chapter is amended by adding
‘‘1599j. Restricted reports of incidents of adult sexual assault.’’.
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1048
1 SEC. 1102. MODIFICATION AND EXTENSION OF AUTHORITY
2 TO WAIVE ANNUAL LIMITATION ON PREMIUM
3 PAY AND AGGREGATE LIMITATION ON PAY
4 FOR FEDERAL CIVILIAN EMPLOYEES WORK-
5 ING OVERSEAS.
6 Subsection (a) of section 1101 of the Duncan Hunter

8 (Public Law 110–417; 122 Stat. 4615), as most recently
9 amended by section 1112 of the National Defense Author-
10 ization Act for Fiscal Year 2022 (Public Law 117–81; 135
11 Stat. 1953), is further amended—
12 (1) by striking ‘‘that is in the area of responsi-
13 bility’’ and all that follows through ‘‘United States
14 Africa Command,’’ and
15 (2) by striking ‘‘through 2022’’ and inserting
16 ‘‘through 2023’’.
17 SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR-
18 ITY TO GRANT ALLOWANCES, BENEFITS, AND
19 GRATUITIES TO CIVILIAN PERSONNEL ON OF-
20 FICIAL DUTY IN A COMBAT ZONE.
21 Paragraph (2) of section 1603(a) of the Emergency

22 Supplemental Appropriations Act for Defense, the Global
23 War on Terror, and Hurricane Recovery, 2006 (Public
24 Law 109–234; 120 Stat. 443), as added by section 1102
25 of the Duncan Hunter National Defense Authorization
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December 6, 2022 (7:20 p.m.)
1049
1 4616) and as most recently amended by section 1114 of
3 2022 (Public Law 117–81; 135 Stat. 1954), is further
4 amended by striking ‘‘2023’’ and inserting ‘‘2024’’.
5 SEC. 1104. STANDARDIZED CREDENTIALS FOR LAW EN-
6 FORCEMENT OFFICERS OF THE DEPART-
7 MENT OF DEFENSE.
8 (a) STANDARDIZED CREDENTIALS REQUIRED.—Not

9 later than 180 days after the date of the enactment of
10 this Act, the Secretary of Defense shall ensure that—
11 (1) the Secretary of each military department
12 develops standardized credentials for Defense law
13 enforcement officers under their respective authority;
14 (2) the Secretary of each military department
15 issues such credential to each such officer at no cost
16 to such officer; and
17 (3) any Department of Defense common access
18 card issued to such an officer clearly identifies the
19 officer as a Defense law enforcement officer.
20 (b) DEFENSE LAW ENFORCEMENT OFFICER DE-
21 FINED.—In this section, the term ‘‘Defense law enforce-
22 ment officer’’ means a member of the Armed Forces or
23 civilian employee of the Department of Defense who—
24 (1) is authorized by law to engage in or super-
25 vise the prevention, detection, investigation, or pros-
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1050
1 ecution of, or the incarceration of any person for,
2 any violation of law;
3 (2) has statutory powers of arrest or apprehen-
4 sion under section 807(b) of title 10, United States
5 Code (article 7(b) of the Uniform Code of Military
6 Justice); and
7 (3) is authorized by the Department to carry a
8 firearm.
9 SEC. 1105. TEMPORARY EXTENSION OF AUTHORITY TO
10 PROVIDE SECURITY FOR FORMER DEPART-
11 MENT OF DEFENSE OFFICIALS.
12 During the period beginning on the date of enactment

13 of this Act and ending on January 1, 2024, subsection
14 (b) of section 714 of title 10, United States Code, shall
15 be applied—
16 (1) in paragraph (1)(A), by substituting ‘‘a se-
17 rious and credible threat’’ for ‘‘an imminent and
18 credible threat’’;
19 (2) in paragraph (2)(B), by substituting ‘‘three
20 years’’ for ‘‘two years’’; and
21 (3) in paragraph (6)(A), by substituting—
22 (A) ‘‘congressional leadership and the con-
23 gressional defense committees’’ for ‘‘the con-
24 gressional defense committees’’; and
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1 (B) by substituting ‘‘the justification for
2 such determination, scope of the protection, and
3 the anticipated cost and duration of such pro-
4 tection’’ for ‘‘the justification for such deter-
5 mination’’.
6 SEC. 1106. ENHANCED PAY AUTHORITY FOR CERTAIN RE-
7 SEARCH AND TECHNOLOGY POSITIONS IN
8 SCIENCE AND TECHNOLOGY REINVENTION
9 LABORATORIES.

11 States Code, is amended by inserting after section 4093
13 ‘‘§ 4094. Enhanced pay authority for certain research
14 and technology positions in science and
15 technology reinvention laboratories
16 ‘‘(a) IN GENERAL.—The Secretary of Defense may

17 carry out a program using the pay authority specified in
18 subsection (d) to fix the rate of basic pay for positions
19 described in subsection (c) in order to assist the military
20 departments in attracting and retaining high quality ac-
21 quisition and technology experts in positions responsible
22 for managing and performing complex, high-cost research
23 and technology development efforts in the science and
24 technology reinvention laboratories of the Department of
25 Defense.
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1 ‘‘(b) APPROVAL REQUIRED.—The program may be
2 carried out in a military department only with the ap-
3 proval of the service acquisition executive of the military
4 department concerned.
5 ‘‘(c) POSITIONS.—The positions described in this
6 subsection are positions in the science and technology re-
7 invention laboratories of the Department of Defense
8 that—
9 ‘‘(1) require expertise of an extremely high level
10 in a scientific, technical, professional, or acquisition
11 management field; and
12 ‘‘(2) are critical to the successful accomplish-
13 ment of an important research or technology devel-
14 opment mission.
15 ‘‘(d) RATE OF BASIC PAY.—The pay authority speci-
16 fied in this subsection is authority as follows:
17 ‘‘(1) Authority to fix the rate of basic pay for
18 a position at a rate not to exceed 150 percent of the
19 rate of basic pay payable for level I of the Executive
20 Schedule, upon the approval of the service acquisi-
21 tion executive concerned.
22 ‘‘(2) Authority to fix the rate of basic pay for
23 a position at a rate in excess of 150 percent of the
24 rate of basic pay payable for level I of the Executive
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1053
1 Schedule, upon the approval of the Secretary of the
2 military department concerned.
3 ‘‘(e) LIMITATIONS.—
4 ‘‘(1) IN GENERAL.—The authority in subsection
5 (a) may be used only to the extent necessary to com-
6 petitively recruit or retain individuals exceptionally
7 well qualified for positions described in subsection
8 (c).
9 ‘‘(2) NUMBER OF POSITIONS.—The authority in
10 subsection (a) may not be used with respect to more
11 than five positions in each military department at
12 any one time, unless the Under Secretary of Defense
13 for Research and Engineering, in concurrence with
14 the Secretaries of the military departments con-
15 cerned, authorizes the transfer of positions from one
16 military department to another.
17 ‘‘(3) TERM OF POSITIONS.—The authority in
18 subsection (a) may be used only for positions having
19 a term of less than five years.
20 ‘‘(f) SCIENCE AND TECHNOLOGY REINVENTION LAB-
21 ORATORIES OF THE DEPARTMENT OF DEFENSE DE-
22 FINED.—In this section, the term ‘science and technology
23 reinvention laboratories of the Department of Defense’
24 means the laboratories designated as science and tech-
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1054
1 nology reinvention laboratories by section 4121(b) of this
2 title.’’.
5 by inserting after the item relating to section 4093 the
6 following new item:
‘‘4094. Enhanced pay authority for certain research and technology positions in
science and technology reinvention laboratories.’’.
7 (c) APPLICATION.—This section shall take effect im-

8 mediately after section 881 of this Act.
9 SEC. 1107. FLEXIBLE WORKPLACE PROGRAMS.
11 ment of this Act, the Secretary of Defense shall promul-
12 gate guidance to the military departments to promote con-
13 sistency in policies relating to flexible workplace programs.
14 Such guidance shall address at a minimum the conditions
15 under which an employee is allowed to perform all or a
16 portion of assigned duties—
17 (1) at a telecommuting center established pur-
18 suant to statute; or
19 (2) through the use of flexible workplace serv-
20 ices agreements.
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1 SEC. 1108. ELIGIBILITY OF DEPARTMENT OF DEFENSE EM-
2 PLOYEES IN TIME-LIMITED APPOINTMENTS
3 TO COMPETE FOR PERMANENT APPOINT-
4 MENTS.

6 amended by adding at the end the following:
7 ‘‘(g) ELIGIBILITY OF DEPARTMENT OF DEFENSE
8 EMPLOYEES IN TIME-LIMITED APPOINTMENTS TO COM-
9 PETE FOR PERMANENT APPOINTMENTS.—
10 ‘‘(1) DEFINITIONS.—In this subsection—
11 ‘‘(A) the term ‘Department’ means the De-
13 ‘‘(B) the term ‘time-limited appointment’
14 means a temporary or term appointment in the
15 competitive service.
16 ‘‘(2) ELIGIBILITY.—Notwithstanding any other
17 provision of this chapter or any other provision of
18 law relating to the examination, certification, and
19 appointment of individuals in the competitive serv-
20 ice, an employee of the Department serving under a
21 time-limited appointment is eligible to compete for a
22 permanent appointment in the competitive service
23 when the Department is accepting applications from
24 individuals within its own workforce, or from indi-
25 viduals outside its own workforce, under merit pro-
26 motion procedures, if—
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1056
1 ‘‘(A) the employee was appointed initially
2 under open, competitive examination under sub-
3 chapter I of this chapter to the time-limited ap-
4 pointment;
5 ‘‘(B) the employee has served under 1 or
6 more time-limited appointments within the De-
7 partment for a period or periods totaling more
8 than 2 years without a break of 2 or more
9 years; and
10 ‘‘(C) the employee’s performance has been
11 at an acceptable level of performance through-
12 out the period or periods referred to in sub-
13 paragraph (B).
14 ‘‘(3) CAREER-CONDITIONAL STATUS; COMPETI-
15 TIVE STATUS.—An individual appointed to a perma-

16 nent position under this section—
17 ‘‘(A) becomes a career-conditional em-
18 ployee, unless the employee has otherwise com-
19 pleted the service requirements for career ten-
20 ure; and
21 ‘‘(B) acquires competitive status upon ap-
22 pointment.
23 ‘‘(4) FORMER EMPLOYEES.—If the Department
24 is accepting applications as described in paragraph
25 (2), a former employee of the Department who
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1057
1 served under a time-limited appointment and who
2 otherwise meets the requirements of this section
3 shall be eligible to compete for a permanent position
4 in the competitive service under this section if—
5 ‘‘(A) the employee applies for a position
6 covered by this section not later than 2 years
7 after the most recent date of separation; and
8 ‘‘(B) the employee’s most recent separation
9 was for reasons other than misconduct or per-
10 formance.
11 ‘‘(5) REGULATIONS.—The Office of Personnel
12 Management shall prescribe regulations necessary
13 for the administration of this subsection.’’.
14 SEC. 1109. MODIFICATION TO PERSONNEL MANAGEMENT
15 AUTHORITY TO ATTRACT EXPERTS IN
16 SCIENCE AND ENGINEERING.
17 Section 4092 of title 10, united states code, is amend-

18 ed—
19 (1) in subsection (a)(8), in the second sentence,
20 by striking ‘‘December 31, 2025’’ and inserting
21 ‘‘December 31, 2030’’;
23 (A) in paragraph (1)(H)—
24 (i) by striking ‘‘10 positions’’ and in-
25 serting ‘‘15 positions’’; and
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1 (ii) by striking ‘‘3 such positions’’ and
2 inserting ‘‘5 such positions’’; and
3 (B) in paragraph (2)(A)—
4 (i) in the matter preceding clause (i),
5 by striking ‘‘paragraph (1)(B)’’ and insert-
6 ing ‘‘subparagraphs (B) and (H) of para-
7 graph (1)’’;
8 (ii) in clause (i)—
9 (I) by striking ‘‘to any of’’ and
10 inserting ‘‘to any of the’’; and
11 (II) by inserting ‘‘and any of the
12 5 positions designated by the Director
13 of the Space Development Agency’’
14 after ‘‘Projects Agency’’; and
15 (iii) in clause (ii), by striking ‘‘the Di-
16 rector’’ and inserting ‘‘the Director of the
17 Defense Advanced Research Projects Agen-
18 cy or the Director of the Space Develop-
19 ment Agency’’; and
20 (3) in subsection (c)(2), by inserting ‘‘the Space
21 Development Agency,’’ after ‘‘Intelligence Center,’’.
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1 SEC. 1110. MODIFICATION AND EXTENSION OF PILOT PRO-
2 GRAM ON DYNAMIC SHAPING OF THE WORK-
3 FORCE TO IMPROVE THE TECHNICAL SKILLS
4 AND EXPERTISE AT CERTAIN DEPARTMENT
5 OF DEFENSE LABORATORIES.
6 (a) REPEAL OF OBSOLETE PROVISION.—Section

7 1109(b)(1) of the National Defense Authorization Act for
8 Fiscal Year 2016 (Public Law 114–92) is amended by
9 striking subparagraph (D).
10 (b) EXTENSION OF AUTHORITY.—Section 1109(d)(1)
11 of such Act is amended by striking ‘‘December 31, 2023’’
12 and inserting ‘‘December 31, 2027’’.
13 SEC. 1111. MODIFICATION OF TEMPORARY EXPANSION OF
14 AUTHORITY FOR NONCOMPETITIVE APPOINT-
15 MENTS OF MILITARY SPOUSES BY FEDERAL
16 AGENCIES.
17 (a) EXTENSION OF SUNSET.—Subsection (e) of sec-

18 tion 573 of the John S. McCain National Defense Author-
20 5 U.S.C. 3330d note) is amended, in the matter preceding
21 paragraph (1), by striking ‘‘the date that is 5 years after
22 the date of the enactment of this Act’’ and inserting ‘‘De-
23 cember 31, 2028’’.
24 (b) REPEAL OF OPM LIMITATION AND REPORTS.—
25 Subsection (d) of such section is repealed.
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1 SEC. 1112. MODIFICATION TO PILOT PROGRAM FOR THE
2 TEMPORARY ASSIGNMENT OF CYBER AND IN-
3 FORMATION TECHNOLOGY PERSONNEL TO
4 PRIVATE SECTOR ORGANIZATIONS.
5 Section 1110(d) of the National Defense Authoriza-

6 tion Act for Fiscal Year 2010 (5 U.S.C. 3702 note; Public
7 Law 111–84) is amended by striking ‘‘September 30,
9 TITLE XII—MATTERS RELATING
10 TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in train-

ing program conducted by Colombia under the United States-
Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational centers
of excellence.
Sec. 1204. Modification of existing authorities to provide for an Irregular War-
fare Center and a Regional Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of oper-
ations.
Sec. 1206. Extension and modification of authority for reimbursement of cer-
tain coalition nations for support provided to United States
Sec. 1207. Modification and extension of authority to support border security
operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to advance
women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for assist-
ance to units of foreign security forces that have committed a
gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train, advise,
assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation Pilot Pro-
gram.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress injury and
loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in Afghani-
stan.
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Sec. 1223. Prohibition on transporting currency to the Taliban and the Islamic
Emirate of Afghanistan.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities of Iran

and related activities.
Sec. 1232. Extension of authority to support operations and activities of the
Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted Syrian
groups and individuals.
Sec. 1234. Extension and modification of authority to provide assistance to
counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated operatives
abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics production
and trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D—Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance Initia-

tive.
Sec. 1242. Extension of limitation on military cooperation between the United
States and Russia.
involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty of the
Russian Federation over internationally recognized territory of
Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of short
and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E—Matters Relating to the Indo-Pacific Region

involving the People’s Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to author-
ize use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People’s Republic
of China in rim of the Pacific (RIMPAC) naval exercises to in-
clude cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin clean-
up.
Sec. 1256. Enhanced indications and warning for deterrence and dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment projects with
ties to the Government of the People’s Republic of China.
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Sec. 1258. Reporting on institutions of higher education domiciled in the Peo-
ple’s Republic of China that provide support to the People’s
Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and in-
vestments made by the Government of the People’s Republic of
China and entities directed or backed by the Government of the
People’s Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in the Indo-
Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States military
posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in the
Indo-Pacific region.
Sec. 1271. North Atlantic Treaty Organization Special Operations Head-

quarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture in
Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared na-
tional security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the partnership
among Australia, the United Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and observ-
ers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
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1 Subtitle A—Assistance and
2 Training
3 SEC. 1201. PAYMENT OF PERSONNEL EXPENSES NEC-
4 ESSARY FOR PARTICIPATION IN TRAINING
5 PROGRAM CONDUCTED BY COLOMBIA
6 UNDER THE UNITED STATES-COLOMBIA AC-
7 TION PLAN FOR REGIONAL SECURITY.
8 (a) IN GENERAL.—Subchapter IV of chapter 16 of

10 end the following:
11 ‘‘§ 335. Payment of personnel expenses necessary for
12 participation in training program con-
13 ducted by Colombia under the United
14 States-Colombia Action Plan for Regional
15 Security
16 ‘‘(a) AUTHORITY.—The Secretary of Defense may

17 pay the expendable training supplies, travel, subsistence,
18 and similar personnel expenses of, and special compensa-
19 tion for, the following that the Secretary considers nec-
20 essary for participation in the training program conducted
21 by Colombia under the United States-Colombia Action
22 Plan for Regional Security:
23 ‘‘(1) Defense personnel of friendly foreign gov-
24 ernments.
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1 ‘‘(2) With the concurrence of the Secretary of
2 State, other personnel of friendly foreign govern-
3 ments and nongovernmental personnel.
4 ‘‘(b) LIMITATION.—
6 graph (2), the authority provided in subsection (a)
7 may only be used for the payment of such expenses
8 of, and special compensation for, such personnel
9 from developing countries.
10 ‘‘(2) EXCEPTION.— The Secretary may author-
11 ize the payment of such expenses of, and special
12 compensation for, such personnel from a country
13 other than a developing country if the Secretary de-
14 termines that such payment is—
15 ‘‘(A) necessary to respond to extraordinary
16 circumstances; and
17 ‘‘(B) in the national security interest of
18 the United States.’’.
19 (b) CONFORMING AMENDMENT.—The table of sec-
20 tions at the beginning of subchapter IV of chapter 16 of
22 end the following new item:
‘‘335. Payment of personnel expenses necessary for participation in training pro-
gram conducted by Colombia under the United States-Colom-
bia Action Plan for Regional Security.’’.
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1 SEC. 1202. MODIFICATIONS TO REPORTS ON SECURITY CO-
2 OPERATION.
3 (a) SUPPORT TO FRIENDLY FOREIGN COUNTRIES

4 FOR CONDUCT OPERATIONS.—Section 331(d)(2) of title
6 (1) by redesignating subparagraph (E) as sub-
7 paragraph (F); and
8 (2) by inserting after subparagraph (D) the fol-
10 ‘‘(E) A description of each entity with
11 which the applicable friendly foreign country is
12 engaged in hostilities and whether each such
13 entity is covered by an authorization for the use
14 of military force.’’.
15 (b) DEFENSE INSTITUTION CAPACITY BUILDING.—
17 amended—
18 (1) by striking ‘‘quarter’’ each place it appears;
19 and
20 (2) by striking ‘‘Each fiscal year’’ and inserting
21 ‘‘Not later than February 1 of each year’’.
22 (c) AUTHORITY TO BUILD CAPACITY OF FOREIGN
23 FORCES.—Section 333(f) of title 10, United States Code,
24 is amended—
25 (1) in the heading, by striking ‘‘QUARTERLY’’
26 and inserting ‘‘SEMI-ANNUAL’’;
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2 (A) by striking ‘‘a quarterly’’ and inserting
3 ‘‘a semi-annual’’; and
4 (B) by striking ‘‘calendar quarter’’ and in-
5 serting ‘‘180 days’’.
6 (d) ANNUAL REPORT ON SECURITY COOPERATION
7 ACTIVITIES.—Section 386 of title 10, United States Code,
8 is amended to read as follows:
9 ‘‘§ 386. Annual report
10 ‘‘(a) ANNUAL REPORT REQUIRED.—Not later than
11 March 31 of each year, the Secretary of Defense shall sub-
12 mit to the appropriate congressional committees a report
13 that sets forth, on a country-by-country basis, an overview
14 of security cooperation activities carried out by the De-
15 partment of Defense during the fiscal year in which such
16 report is submitted, using the authorities specified in sub-
17 section (b).
18 ‘‘(b) ELEMENTS OF REPORT.—Each report required
19 under subsection (a) shall include, with respect to each
20 country and for the entirety of the period covered by such
21 report, the following:
22 ‘‘(1) A narrative summary that provides—
23 ‘‘(A) a brief overview of the primary secu-
24 rity cooperation objectives for the activities en-
25 compassed by the report; and
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1 ‘‘(B) a description of how such activities
2 advance the theater security cooperation strat-
3 egy of the relevant geographic combatant com-
4 mand.
5 ‘‘(2) A table that includes an aggregated
6 amount with respect to each of the following:
7 ‘‘(A) With respect to amounts made avail-
8 able for section 332(a) of this title, the Depart-
9 ment of Defense cost to provide any Depart-
10 ment personnel as advisors to a ministry of de-
11 fense.
12 ‘‘(B) With respect to amounts made avail-
13 able for section 332(b) of this title, the Depart-
14 ment of Defense incremental execution costs to
15 conduct activities under such section.
16 ‘‘(C) With respect to section 333 of this
17 title, the value of all programs for which notice
18 is required by such section.
19 ‘‘(D) With respect to section 335 of this
20 title, the total Department of Defense costs to
21 fund expenses to attend training provided by
22 the Government of Colombia that began during
23 the period of the report.
24 ‘‘(E) With respect to amounts made avail-
25 able for section 341 of this title, the Depart-
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1 ment of Defense manpower and travel costs to
2 conduct bi-lateral state partnership program en-
3 gagements with the partner country.
4 ‘‘(F) With respect to amounts made avail-
5 able for section 342 of this title, the Depart-
6 ment of Defense-funded, foreign-partner travel
7 costs to attend a regional center activity that
8 began during the period of the report.
9 ‘‘(G) With respect to amounts made avail-
10 able for section 345 of this title, the estimated
11 Department of Defense execution cost to com-
12 plete all training that began during the period
13 of the report.
14 ‘‘(H) With respect to amounts made avail-
15 able for section 2561 of this title, the planned
16 execution cost of completing humanitarian as-
17 sistance activities for the partner country that
18 were approved for the period of the report.
19 ‘‘(3) A table that includes aggregated totals for
20 each of the following:
21 ‘‘(A) Pursuant to section 311 of this title,
22 the number of personnel from a partner country
23 assigned to a Department of Defense organiza-
24 tion.
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1 ‘‘(B) Pursuant to section 332(a) of this
2 title, the number of Department of Defense per-
3 sonnel assigned as advisors to a ministry of de-
4 fense.
5 ‘‘(C) Pursuant to section 332(b) of this
6 title, the number of activities conducted by the
8 ‘‘(D) The number of new programs carried
9 out during the period of the report that re-
10 quired notice under section 333 of this title.
11 ‘‘(E) With respect to section 335 of this
12 title, the number of partner country officials
13 who participated in training provided by the
14 Government of Colombia that began during the
15 period of the report.
16 ‘‘(F) With respect to section 341 of this
17 title, the number of Department of Defense bi-
18 lateral state partnership program engagements
19 with the partner country that began during the
20 period of the report.
21 ‘‘(G) With respect to section 342 of this
22 title, the number of partner country officials
23 who participated in regional center activity that
24 began during the period of the report.
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1070
1 ‘‘(H) Pursuant to the authorities under
2 sections 343, 345, 348, 349, 350 and 352 of
3 this title, the total number of partner country
4 personnel who began training during the period
5 of the report.
6 ‘‘(I) Pursuant to section 347 of this title,
7 the number of cadets from the partner country
8 that were enrolled in the Service Academies
9 during the period of the report.
10 ‘‘(J) Pursuant to amounts made available
11 to carry out section 2561 of this title, the num-
12 ber of new humanitarian assistance projects
13 funded through the Overseas Humanitarian
14 Disaster and Civic Aid account that were ap-
15 proved during the period of the required report.
16 ‘‘(4) A table that includes the following:
17 ‘‘(A) For each person from the partner
18 country assigned to a Department of Defense
19 organization pursuant to section 311 of this
20 title—
21 ‘‘(i) whether the person is a member
22 of the armed forces or a civilian;
23 ‘‘(ii) the rank of the person (if appli-
24 cable); and
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1071
1 ‘‘(iii) the component of the Depart-
2 ment of Defense and location to which
3 such person is assigned.
4 ‘‘(B) With respect to each civilian em-
5 ployee of the Department of Defense or member
6 of the armed forces that was assigned, pursuant
7 to section 332(a) of this title, as an advisor to
8 a ministry of defense during the period of the
9 report, a description of the object of the De-
10 partment of Defense for such support and the
11 name of the ministry or regional organization to
12 which the employee or member was assigned.
13 ‘‘(C) With respect to each activity com-
14 menced under section 332(b) of this title during
15 the period of the report—
16 ‘‘(i) the name of the supported min-
17 istry or regional organization;
18 ‘‘(ii) the component of the Depart-
19 ment of Defense that conducted the activ-
20 ity;
21 ‘‘(iii) the duration of the activity; and
22 ‘‘(iv) a description of the objective of
23 the activity.
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1 ‘‘(D) For each program that required no-
2 tice to Congress under section 333 of this title
3 during the period of the report—
4 ‘‘(i) the units of the national security
5 forces of the foreign country to which as-
6 sistance was provided;
7 ‘‘(ii) the type of operation capability
8 assisted;
9 ‘‘(iii) a description of the nature of
10 the assistance being provided; and
11 ‘‘(iv) the estimated cost included in
12 the notice provided for such assistance.
13 ‘‘(E) With respect to each Government of
14 Colombia training activity which included De-
15 partment of Defense funded participants under
16 section 335 of this title that commenced during
18 ‘‘(i) the units of the defense personnel
19 of the friendly foreign country to which the
20 Department of Defense funded assistance
21 was provided;
22 ‘‘(ii) the units of the Government of
23 Colombia that conducted the training ac-
24 tivity;
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1073
1 ‘‘(iii) the duration of the training ac-
2 tivity provided by the Government of Co-
3 lombia;
4 ‘‘(iv) a description of the objective of
5 the training activity provided by the Gov-
6 ernment of Colombia.
7 ‘‘(F) With respect to each activity com-
8 menced under section 341 of this title during
10 ‘‘(i) a description of the activity;
11 ‘‘(ii) the duration of the activity;
12 ‘‘(iii) the number of participating
13 members of the National Guard; and
14 ‘‘(iv) the number of participating per-
15 sonnel of foreign country.
16 ‘‘(G) With respect to each activity of a Re-
17 gional Center for Security Studies commenced
18 under section 342 of this title during the period
19 of the report—
20 ‘‘(i) a description of the activity;
21 ‘‘(ii) the name of the Regional Center
22 that sponsored the activity;
23 ‘‘(iii) the location and duration of the
24 training; and
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1074
1 ‘‘(iv) the number of officials from the
2 foreign country who participated the activ-
3 ity.
4 ‘‘(H) With respect to each training event
5 that commenced under sections 343, 345, 348,
6 349, 350, or 352 of this title during the period
7 of the report—
8 ‘‘(i) a description of the training;
9 ‘‘(ii) the location and duration of the
10 training; and
11 ‘‘(iii) the number of personnel of the
12 foreign country trained.
13 ‘‘(I) With respect to each new project ap-
14 proved under section 2561 of this title during
15 the period of the report and funded through the
16 Overseas Humanitarian Disaster and Civic Aid
17 account—
18 ‘‘(i) the title of the project;
19 ‘‘(ii) a description of the assistance to
20 be provided; and
21 ‘‘(iii) the anticipated costs to provide
22 such assistance.’’.
23 (e) APPLICABILITY OF AMENDMENT TO ANNUAL RE-
24 PORT REQUIREMENTS.—With respect to a report that was
25 required to be submitted under section 386 of title 10,
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1075
1 United States Code, prior to the date of the enactment
2 of this Act, that has not been submitted as of such date
3 and relates to a year preceding fiscal year 2023, such a
4 report may be submitted in accordance with—
5 (1) the requirements of such section 386 as
6 amended by subsection (d); or
7 (2) the requirements of such section 386 as in
8 effect on the day before the date of the enactment
9 of this Act.
10 SEC. 1203. MODIFICATION OF AUTHORITY FOR PARTICIPA-
11 TION IN MULTINATIONAL CENTERS OF EX-
12 CELLENCE.

14 amended—
15 (1) in paragraph (1)(D), by striking ‘‘and’’ at
16 the end;
20 paragraph:
21 ‘‘(3) the International Special Training Centre,
22 established in 1979 and located in Pfullendorf, Ger-
23 many.’’.
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1 SEC. 1204. MODIFICATION OF EXISTING AUTHORITIES TO
2 PROVIDE FOR AN IRREGULAR WARFARE CEN-
3 TER AND A REGIONAL DEFENSE FELLOWSHIP
4 PROGRAM.

7 (1) by amending the section heading to read as
8 follows: ‘‘Irregular Warfare Center and Re-
9 gional Defense Fellowship Program’’;
12 ‘‘PROGRAM AUTHORIZED’’ and inserting ‘‘AU-
13 THORITIES’’;
14 (B) by amending paragraph (1) to read as

15 follows:
17 may—
18 ‘‘(A) operate and administer a Center for
19 Strategic Studies in Irregular Warfare, to be
20 known as the ‘Irregular Warfare Center’, in ac-
21 cordance with the requirements described in
22 subsection (c); and
23 ‘‘(B) carry out a program, to be known as
24 the ‘Regional Defense Fellowship Program’, to
25 provide for the education and training of for-
26 eign personnel described in paragraph (2) at
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1077
1 military or civilian educational institutions, the
2 Irregular Warfare Center, regional centers, con-
3 ferences, seminars, or other training programs
4 conducted for purposes of regional defense in
5 connection with irregular warfare or combating
6 terrorism.’’;
7 (C) by striking paragraphs (2) and (3);
8 and
9 (D) by inserting after paragraph (1) (as
10 amended) the following:
11 ‘‘(2) COVERED COSTS.—The Secretary may pay
12 the following costs associated with exercising the au-
13 thorities under this section:
14 ‘‘(A) Costs of travel, subsistence, and simi-
15 lar personnel expenses of, and special com-
16 pensation for—
17 ‘‘(i) defense personnel of friendly for-
18 eign governments to attend activities of the
19 Irregular Warfare Center or attend the Re-
20 gional Defense Fellowship Program;
21 ‘‘(ii) with the concurrence of the Sec-
22 retary of State, other personnel of friendly
23 foreign governments and non-governmental
24 personnel to attend activities of the Irreg-
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December 6, 2022 (7:20 p.m.)
1078
1 ular Warfare Center or attend the Re-
2 gional Defense Fellowship Program; and
3 ‘‘(iii) foreign personnel and United
4 States Government personnel necessary for
5 the administration and execution of the au-
6 thorities under this section.
7 ‘‘(B) Costs associated with the administra-
8 tion and operation of the Irregular Warfare
9 Center, including costs associated with—
10 ‘‘(i) research, communication, the ex-
11 change of ideas, curriculum development
12 and review, and training of military and ci-
13 vilian participants of the United States
14 and other countries, as the Secretary con-
15 siders necessary; and
16 ‘‘(ii) maintaining an international net-
17 work of irregular warfare policymakers and
18 practitioners to achieve the objectives of
19 the Department of Defense and the De-
20 partment of State.
21 ‘‘(C) Costs associated with strategic en-
22 gagement with alumni of the Regional Defense
23 Fellowship Program to address Department of
24 Defense objectives and planning on irregular
25 warfare and combating terrorism topics.’’;
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3 ‘‘REGULATIONS’’ and inserting ‘‘REGULATIONS
4 FOR REGIONAL DEFENSE FELLOWSHIP PRO-
5 GRAM’’; and
6 (B) in paragraph (1), by striking ‘‘The
7 program authorized by subsection (a)’’ and in-
8 serting ‘‘The authorities granted to the Sec-
9 retary of Defense under subsection (a)(1)(B)’’;
10 (4) by redesignating subsections (c) and (d) as
11 subsections (d) and (e), respectively;
13 lowing:
14 ‘‘(c) IRREGULAR WARFARE CENTER.—
15 ‘‘(1) MISSION.—The mission of the Irregular
16 Warfare Center shall be to serve as a central mecha-
17 nism for developing the irregular warfare knowledge
18 of the Department of Defense and advancing the un-
19 derstanding of irregular warfare concepts and doc-
20 trine, in collaboration with key partners and allies,
21 by—
22 ‘‘(A) coordinating and aligning Depart-
23 ment education curricula, standards, and objec-
24 tives related to irregular warfare;
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1080
1 ‘‘(B) facilitating research on irregular war-
2 fare, strategic competition, and the role of the
3 Department in supporting interagency activities
4 relating to irregular warfare;
5 ‘‘(C) engaging and coordinating with Fed-
6 eral departments and agencies and with aca-
7 demia, nongovernmental organizations, civil so-
8 ciety, and international partners to discuss and
9 coordinate efforts on security challenges in ir-
10 regular warfare;
11 ‘‘(D) developing curriculum and conducting
12 training and education of military and civilian
13 participants of the United States and other
14 countries, as determined by the Secretary of
15 Defense; and
16 ‘‘(E) serving as a coordinating body and
17 central repository for irregular warfare re-
18 sources, including educational activities and
19 programs, and lessons learned across compo-
20 nents of the Department.
21 ‘‘(2) EMPLOYMENT AND COMPENSATION OF
22 FACULTY.—With respect to the Irregular Warfare

23 Center—
24 ‘‘(A) the Secretary of Defense may, subject
25 to the availability of appropriations, employ a
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1081
1 Director, a Deputy Director, and such civilians
2 as professors, instructors, and lecturers, as the
3 Secretary considers necessary; and
4 ‘‘(B) compensation of individuals employed
5 under this section shall be as prescribed by the
6 Secretary.
7 ‘‘(3) PARTNERSHIP WITH INSTITUTION OF
8 HIGHER EDUCATION.—
9 ‘‘(A) IN GENERAL.—In operating the Ir-

10 regular Warfare Center, to promote integration
11 throughout the United States Government and
12 civil society across the full spectrum of irregular
13 warfare competition and conflict challenges, the
14 Secretary of Defense may partner with an insti-
15 tution of higher education (as such term is de-
16 fined in section 101 of the Higher Education
17 Act of 1965 (20 U.S.C. 1001)).
18 ‘‘(B) TYPES OF PARTNERSHIPS.—The Sec-
19 retary may establish a partnership under sub-
20 paragraph (A) by—
21 ‘‘(i) entering into an intergovern-
22 mental support agreement pursuant to sec-
23 tion 2679 of this title; or
24 ‘‘(ii) entering into a contract or coop-
25 erative agreement or awarding a grant
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1082
1 through the Defense Security Cooperation
2 University.
3 ‘‘(C) DETERMINATION REQUIRED.—The
4 Secretary of Defense shall make a determina-

5 tion with respect to the desirability of
6 partnering with an institution of higher edu-
7 cation in a Government-owned, contractor-oper-
8 ated partnership, such as the partnership struc-
9 ture used by the Department of Defense for
10 University Affiliated Research Centers, for
11 meeting the mission requirements of the Irreg-
12 ular Warfare Center.
13 ‘‘(4) ROLES AND RESPONSIBILITIES.—The Sec-
14 retary of Defense shall prescribe guidance for the
15 roles and responsibilities of the relevant components
16 of the Department of Defense in the administration,
17 operation, and oversight of the Irregular Warfare
18 Center, which shall include the roles and responsibil-
19 ities of the following:
20 ‘‘(A) The Under Secretary of Defense for
21 Policy and the Assistant Secretary of Defense
22 for Special Operations and Low Intensity Con-
23 flict in policy oversight and governance struc-
24 ture of the Center.
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1083
1 ‘‘(B) The Director of the Defense Security
2 Cooperation Agency, as the Executive Agent in
3 support of the operation of the Center.
4 ‘‘(C) Any other official of the Department
5 of Defense, as determined by the Secretary.’’;
6 (6) in subsection (d) (as redesignated), by strik-
7 ing ‘‘subsection (a)’’ each place it appears and in-
8 serting ‘‘subsection (a)(1)(B)’’;
9 (7) in subsection (e) (as redesignated)—
10 (A) in paragraph (3), by striking ‘‘sub-
11 section (a)’’ and inserting ‘‘subsection
12 (a)(1)(B)’’; and
13 (B) by adding at the end the following:
14 ‘‘(6) A discussion of how the training from the
15 previous year incorporated lessons learned from on-
16 going conflicts.’’; and
17 (8) by inserting after subsection (e) (as redesig-
18 nated) the following:
19 ‘‘(f) ANNUAL REVIEW OF IRREGULAR WARFARE
20 CENTER.—Not later than December 1, 2024, and annu-
21 ally thereafter, the Secretary of Defense—
22 ‘‘(1) shall conduct a review of the structure and
23 activities of the Irregular Warfare Center to deter-
24 mine whether such structure and activities are ap-
25 propriately aligned with the strategic priorities of
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1 the Department of Defense and the applicable com-
2 batant commands; and
3 ‘‘(2) may, after an annual review under para-
4 graph (1), revise the relevant structure and activities
5 so as to more appropriately align such structure and
6 activities with the strategic priorities and combatant
7 commands.’’.
9 at the beginning of subchapter V of chapter 16 of title
10 10, United States Code, is amended by striking the item
11 relating to section 345 and inserting the following:
‘‘345. Irregular Warfare Center and Regional Defense Fellowship Program.’’.
12 (c) REPEAL OF TREATMENT AS REGIONAL CENTER

13 FOR SECURITY STUDIES.—Section 1299L(b) of the Wil-
14 liam M. (Mac) Thornberry National Defense Authoriza-
16 Stat. 4012; 10 U.S.C. 342 note) is amended—
20 (d) SENSE OF CONGRESS.—It is the sense of Con-
21 gress that a Center for Security Studies in Irregular War-
22 fare established under section 345 of title 10, United
23 States Code, as amended by subsection (a), should be
24 known as the ‘‘John S. McCain III Center for Security
25 Studies in Irregular Warfare’’.
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1085
1 (e) PLAN FOR IRREGULAR WARFARE CENTER.—
4 retary of Defense shall submit to the Committee on
5 Armed Services of the Senate and the Committee on
6 Armed Services of the House of Representatives a
7 plan for establishing the structure, operations, and
8 administration of the Irregular Warfare Center de-
9 scribed in section 345(a)(1) of title 10, United
10 States Code, as amended by subsection (a)(2)(B).
12 graph (1) shall include—
13 (A) a timeline and milestones for the es-
14 tablishment of the Irregular Warfare Center;
15 and
16 (B) steps to enter into partnerships and
17 resource agreements with academic institutions
18 of the Department of Defense or other aca-
19 demic institutions, including any agreement for
20 hosting or operating the Irregular Warfare Cen-
21 ter.
22 SEC. 1205. MODIFICATION TO AUTHORITY TO PROVIDE
23 SUPPORT FOR CONDUCT OF OPERATIONS.
24 Notwithstanding subsection (g)(1) of section 331 of

25 title 10, United States Code, the aggregate value of all
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1086
1 logistic support, supplies, and services provided under
2 paragraphs (1), (4), and (5) of subsection (c) of such sec-
3 tion 331 in each of fiscal years 2023 and 2024 may not
4 exceed $950,000,000.
5 SEC. 1206. EXTENSION AND MODIFICATION OF AUTHORITY
6 FOR REIMBURSEMENT OF CERTAIN COALI-
7 TION NATIONS FOR SUPPORT PROVIDED TO
8 UNITED STATES MILITARY OPERATIONS.

12 (1) in subsection (a), by striking ‘‘for the period
13 beginning on October 1, 2021, and ending on De-
14 cember 31, 2022’’ and inserting ‘‘for the period be-
15 ginning on October 1, 2022, and ending on Decem-
16 ber 31, 2023’’; and
18 (A) by striking ‘‘during the period begin-
19 ning on October 1, 2021, and ending on De-
20 cember 31, 2022’’ and inserting ‘‘during the pe-
21 riod beginning on October 1, 2022, and ending
22 on December 31, 2023’’; and
23 (B) by striking ‘‘$60,000,000’’ and insert-
24 ing ‘‘$30,000,000’’.
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1 SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITY
2 TO SUPPORT BORDER SECURITY OPER-
3 ATIONS OF CERTAIN FOREIGN COUNTRIES.
4 (a) MODIFICATION.—Subsection (e) of section 1226

6 2016 (Public Law 114–92; 129 Stat. 1056; 22 U.S.C.
7 2151 note) is amended by striking paragraph (4).
8 (b) EXTENSION.—Subsection (h) of such section is
10 ‘‘December 31, 2025’’.
11 SEC. 1208. SECURITY COOPERATION PROGRAMS WITH FOR-
12 EIGN PARTNERS TO ADVANCE WOMEN,
13 PEACE, AND SECURITY.
14 (a) IN GENERAL.—During fiscal years 2023 through

15 2025, the Secretary of Defense, in coordination with the
16 Secretary of State, may conduct or support security co-
17 operation programs and activities involving the national
18 military forces or national-level security forces of a foreign
19 country, or other covered personnel, to advise, train, and
20 educate such forces or personnel with respect to—
21 (1) the recruitment, employment, development,
22 retention, promotion, and meaningful participation
23 in decisionmaking of women;
24 (2) sexual harassment, sexual assault, domestic
25 abuse, and other forms of violence that dispropor-
26 tionately impact women;
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1088
1 (3) the requirements of women, including pro-
2 viding appropriate equipment and facilities; and
3 (4) the implementation of activities described in
4 this subsection, including the integration of such ac-
5 tivities into security-sector policy, planning, exer-
6 cises, and training, as appropriate.
7 (b) ANNUAL REPORT.—Not later than 90 days after
8 the end of each of fiscal years 2023 through 2025, the
10 fense committees a report detailing the assistance pro-
11 vided under this section and specifying the recipients of
12 such assistance.
13 (c) OTHER COVERED PERSONNEL DEFINED.—In
14 this section, the term ‘‘other covered personnel’’ means
15 personnel of the ministry of defense or other governmental
16 entity carrying out similar functions of a foreign country.
17 SEC. 1209. REVIEW OF IMPLEMENTATION OF PROHIBITION
18 ON USE OF FUNDS FOR ASSISTANCE TO
19 UNITS OF FOREIGN SECURITY FORCES THAT
20 HAVE COMMITTED A GROSS VIOLATION OF
21 HUMAN RIGHTS.

23 gress that the promotion of human rights is a critical ele-
24 ment of Department of Defense security cooperation pro-
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1089
1 grams and activities that advance United States national
2 security interests and values.
3 (b) REVIEW.—
6 of Defense, in consultation with the commanders of
7 the geographic combatant commands, shall initiate a
8 review of the policies, guidance, and processes for
9 Department of Defense-wide implementation of sec-
10 tion 362 of title 10, United States Code.
11 (2) ELEMENTS.—The review required by para-
12 graph (1) shall include an assessment of the fol-
13 lowing:
14 (A) The standards and procedures by
15 which the Secretary, before making a decision
16 to provide assistance to a unit of a foreign secu-
17 rity force under section 362 of title 10, United
18 States Code, gives full consideration to credible
19 information that the unit has committed a
20 gross violation of human rights, including cred-
21 ible information available to the Department of
22 State relating to human rights violations by
23 such unit.
24 (B) The roles and responsibilities of De-
25 partment of Defense components in imple-
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1090
1 menting such section, including the Under Sec-
2 retary of Defense for Policy, the Deputy Assist-
3 ant Secretary of Defense for Global Partner-
4 ships, the geographic combatant commands,
5 and the Office of the General Counsel, and
6 whether such components are adequately fund-
7 ed, resourced, and manned to carry out their
8 respective roles and responsibilities.
9 (C) The standards and procedures by
10 which the Secretary implements the exception
11 under subsection (b) of such section based on a
12 determination that all necessary corrective steps
13 have been taken.
14 (D) The standards and procedures by
15 which the Secretary exercises the waiver au-
16 thority under subsection (c) of such section
17 based on a determination that a waiver is re-
18 quired by extraordinary circumstances.
19 (E) The policies, standards, and processes
20 for the remediation of units of foreign security
21 forces described in such section and resumption
22 of assistance consistent with such section, and
23 the effectiveness of such remediation process.
24 (F) The process by which the Secretary de-
25 termines whether a unit of a foreign security
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1 force designated to receive training, equipment,
2 or other assistance under such section is new or
3 fundamentally different from its predecessor for
4 which there was determined to be credible infor-
5 mation that the unit had committed a gross vio-
6 lation of human rights.
7 (c) REPORTS.—
8 (1) FINDINGS OF REVIEW.—Not later than 180
10 Secretary shall submit to the congressional defense
11 committees a report on the findings of the review
12 conducted under subsection (b) that includes any
13 recommendations or corrective actions necessary
14 with respect to the policies, guidance, and processes
15 for Department of Defense-wide implementation of
17 (2) REMEDIATION PROCESS.—
18 (A) IN GENERAL.—Not later than 180

19 days after the date of the enactment of this
20 Act, and every 180 days thereafter through fis-
21 cal year 2025, the Secretary shall submit to the
22 appropriate committees of Congress a report on
23 the remediation process under section 362 of
24 title 10, United States Code, and resumption of
25 assistance consistent with such section.
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1 (B) ELEMENTS.—Each report required by
2 subparagraph (A) shall include the following:
3 (i) An identification of the units of
4 foreign security forces that currently have
5 been determined under section 362 of title
6 10, United States Code, to be ineligible to
7 receive Department of Defense training,
8 equipment, or other assistance.
9 (ii) With respect to each unit identi-
10 fied under clause (i), the date on which
11 such determination was made.
12 (iii) The number of requests sub-
13 mitted by geographic combatant commands
14 for review by a remediation review panel
15 with respect to resumption of assistance to
16 a unit of a foreign security force that has
17 been denied assistance under such section,
18 disaggregated by geographic combatant
19 command.
20 (iv) For the preceding reporting pe-
21 riod, the number of—
22 (I) remediation review panels
23 convened; and
24 (II) cases resolved.
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1 (C) APPROPRIATE COMMITTEES OF CON-
2 GRESS DEFINED.—In this paragraph, the term

3 ‘‘appropriate committees of Congress’’ means—
4 (i) the Committee on Armed Services,
5 the Committee on Foreign Relations, and
6 the Committee on Appropriations of the
7 Senate; and
8 (ii) the Committee on Armed Services,
9 the Committee on Foreign Affairs, and the
10 Committee on Appropriations of the House
11 of Representatives.
12 SEC. 1210. INDEPENDENT ASSESSMENT OF UNITED STATES
13 EFFORTS TO TRAIN, ADVISE, ASSIST, AND
14 EQUIP THE MILITARY FORCES OF SOMALIA.

16 provide for an independent assessment of Department of
17 Defense efforts to train, advise, assist, and equip the mili-
18 tary forces of Somalia.
19 (b) CONDUCT OF ASSESSMENT.—To conduct the as-
20 sessment required by subsection (a), the Secretary shall
21 select—
22 (1) a federally funded research and development
23 center; or
24 (2) an independent, nongovernmental institute
25 described in section 501(c)(3) of the Internal Rev-
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1094
1 enue Code of 1986 and exempt from tax under sec-
2 tion 501(a) of such Code that has recognized creden-
3 tials and expertise in national security and military
4 affairs appropriate for the assessment.
5 (c) ELEMENTS.—The assessment required by sub-
6 section (a) shall include an assessment of the following:
7 (1) The evolution of United States approaches
8 to training, advising, assisting, and equipping the
9 military forces of Somalia.
10 (2) The extent to which—
11 (A) the Department has an established
12 plan, with objectives and milestones, for the ef-
13 fort to train, advise, assist, and equip such
14 forces;
15 (B) advisory efforts are meeting objectives,
16 including whether and the manner in which—
17 (i) advisors track the operational ef-
18 fectiveness of such forces; and
19 (ii) any such data informs future
20 training and advisory efforts;
21 (C) the Department sufficiently engages,
22 collaborates, and deconflicts with—
23 (i) other Federal departments and
24 agencies that conduct assistance and advi-
25 sory engagements with such forces; and
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1 (ii) international and multilateral enti-
2 ties that conduct assistance and advisory
3 engagements with such forces; and
4 (D) the Department has established and
5 enforced a policy, processes, and procedures for
6 accountability relating to equipment provided
7 by the United States to such forces.
8 (3) Factors that have hindered, or may in the
9 future hinder, the development of professional, sus-
10 tainable, and capable such forces.
11 (4) With respect to the effort to train, advise,
12 assist, and equip such forces, the extent to which the
13 December 2020 decision to reduce and reposition
14 outside Somalia the majority of the members of the
15 United States Armed Forces assigned to carry out
16 the effort has impacted the effectiveness of the ef-
17 fort.
18 (d) REPORT.—Not later than December 31, 2023,
19 the entity selected to conduct the assessment required by
20 subsection (a) shall submit to the Secretary and the con-
21 gressional defense committees a report containing the
22 findings of the assessment.
23 (e) FUNDING.—Of the amounts authorized to be ap-
24 propriated for fiscal year 2023 and available for operation
25 and maintenance for Defense-wide activities, up to
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1 $1,000,000 shall be made available for the assessment re-
2 quired by subsection (a).
3 SEC. 1211. SECURITY COOPERATION ACTIVITIES AT
4 COUNTER-UAS UNIVERSITY.

6 ment of this Act, the Secretary of Defense shall brief the
7 Committee on Armed Services of the Senate and the Com-
8 mittee on Armed Services of the House of Representatives
9 on how the Department of Defense intends to bolster secu-
10 rity cooperation activities with allies and partners at the
11 C-UAS University, including an identification of any
12 shortfalls in resourcing or gaps in authorities that could
13 inhibit these security cooperation efforts.
14 SEC. 1212. DEFENSE OPERATIONAL RESILIENCE INTER-
15 NATIONAL COOPERATION PILOT PROGRAM.
16 (a) ESTABLISHMENT.—The Secretary of Defense, in

17 consultation with the Secretary of State and in coordina-
18 tion with the commanders of the geographic combatant
19 commands, may establish a pilot program, to be known
20 as the ‘‘Defense Operational Resilience International Co-
21 operation Pilot Program’’ (in this section referred to as
22 the ‘‘pilot program’’) to support engagement with military
23 forces of partner countries on defense-related environ-
24 mental and operational energy issues in support of the
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1 theater campaign plans of the geographic combatant com-
2 mands.
3 (b) DURATION.—The Secretary of Defense may carry
4 out the pilot program during the period beginning on the
5 date of the enactment of this Act and ending on December
6 31, 2025.
7 (c) LIMITATIONS.—
8 (1) PURPOSES.—The pilot program shall be
9 limited to the following purposes:
10 (A) To build military-to-military relation-
11 ships in support of the efforts of the Depart-
12 ment of Defense to engage in long-term stra-
13 tegic competition.
14 (B) To sustain the mission capability and
15 forward posture of the Armed Forces of the
16 United States.
17 (C) To enhance the capability, capacity,
18 and resilience of the military forces of partner
19 countries.
20 (2) PROHIBITED ASSISTANCE.—The Secretary
21 may not use the pilot program to provide assistance
22 that is in violation of section 362 of title 10, United
23 States Code, or otherwise prohibited by law.
24 (3) SECURITY COOPERATION.—The Secretary
25 shall plan and prioritize assistance, training, and ex-
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December 6, 2022 (7:20 p.m.)
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1 ercises with partner countries pursuant to the pilot
2 program in a manner that is consistent with applica-
3 ble guidance relating to security cooperation pro-
4 gram and activities of the Department of Defense.
5 (d) FUNDING.—Of amounts authorized to be appro-
6 priated by this Act for each of fiscal years 2023 through
7 2025 and available for operation and maintenance, the
8 Secretary may make available $10,000,000 to support the
9 pilot program, which shall be allocated in accordance with
10 the priorities of the commanders of the geographic com-
11 batant commands.
12 (e) ANNUAL REPORT.—
13 (1) IN GENERAL.—With respect to each year
14 the Secretary carries out the pilot program, the Sec-
15 retary shall submit to the congressional defense com-
16 mittees a report on obligations and expenditures
17 made to carry out the pilot program during the fis-
18 cal year that precedes the year during which each
19 such report is submitted.
20 (2) DEADLINE.—The Secretary shall submit
21 each such report not later than March 1 of each
22 year during which the Secretary has authority to
23 carry out the pilot program.
24 (3) ELEMENTS.—Each such report shall include
25 the following:
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1099
1 (A) An accounting of each obligation and
2 expenditure made to carry out the pilot pro-
3 gram, disaggregated, where applicable, by part-
4 ner country and military force of a partner
5 country.
6 (B) An explanation of the manner in which
7 each such obligation or expenditure—
8 (i) supports the national defense of
9 the United States; and
10 (ii) is in accordance with limitations
11 described in subsection (c).
12 (C) Any other matter the Secretary deter-
13 mines to be relevant.
14 (f) TEMPORARY CESSATION OF AUTHORIZATION.—
15 No funds authorized to be appropriated or otherwise made
16 available for any of fiscal years 2023 through 2025 for
17 the Department of Defense may be made available for the
18 ‘‘Defense Environmental International Cooperation Pro-
19 gram’’. During the period specified in subsection (b), all
20 activities and functions of the ‘‘Defense Environmental
21 International Cooperation Program’’ may only be carried
22 out under the pilot program.
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1100
1 Subtitle B—Matters Relating to
2 Afghanistan and Pakistan
3 SEC. 1221. EXTENSION OF AUTHORITY FOR CERTAIN PAY-
4 MENTS TO REDRESS INJURY AND LOSS.
5 Section 1213(a) of the National Defense Authoriza-

6 tion Act for Fiscal Year 2020 (10 U.S.C. 2731 note) is
8 ‘‘December 31, 2033’’.
9 SEC. 1222. ADDITIONAL MATTERS FOR INCLUSION IN RE-
10 PORTS ON OVERSIGHT IN AFGHANISTAN.

13 Stat. 1912) is amended—
15 (16) as paragraphs (14) through (21), respectively;
18 ‘‘(9) An assessment of the status of—
19 ‘‘(A) defense intelligence assets dedicated
20 to Afghanistan and used by the Department of
21 Defense, including the types and amounts of in-
22 telligence, surveillance, and reconnaissance cov-
23 erage over Afghanistan during the period cov-
24 ered by the report; and
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1101
1 ‘‘(B) the ability of the United States to de-
2 tect emerging threats emanating from Afghani-
3 stan against the United States, its allies, and
4 its partners.
5 ‘‘(10) An assessment of local or indigenous
6 counterterrorism partners of the Department of De-
7 fense.
8 ‘‘(11) An assessment of risks to the mission
9 and risks to United States military personnel in-
10 volved in over-the-horizon counterterrorism oper-
11 ations.
12 ‘‘(12) An update on Department of Defense ef-
13 forts to secure new basing or access agreements with
14 countries in Central Asia.
15 ‘‘(13) An update on the policy guidance for
16 counterterrorism operations of the Department of
17 Defense in Afghanistan.’’; and
18 (3) in paragraph (18), as so redesignated, by
19 striking ‘‘Afganistan’’ and inserting ‘‘Afghanistan’’.
20 SEC. 1223. PROHIBITION ON TRANSPORTING CURRENCY TO
21 THE TALIBAN AND THE ISLAMIC EMIRATE OF
22 AFGHANISTAN.
23 None of the amounts authorized to be appropriated

24 by this Act or otherwise made available to the Department
25 of Defense may be made available for the operation of any
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1102
1 aircraft of the Department of Defense to transport cur-
2 rency or other items of value to the Taliban, the Islamic
3 Emirate of Afghanistan, or any subsidiary, agent, or in-
4 strumentality of either the Taliban or the Islamic Emirate
5 of Afghanistan.
6 Subtitle C—Matters Relating to
7 Syria, Iraq, and Iran
8 SEC. 1231. MODIFICATION OF ANNUAL REPORT ON THE
9 MILITARY CAPABILITIES OF IRAN AND RE-
10 LATED ACTIVITIES.
11 Section 1245(b)(3) of the National Defense Author-

12 ization Act for Fiscal Year 2010 (Public Law 111–84) is
13 amended—
14 (1) in subparagraph (B), by striking ‘‘and re-
15 gional militant groups’’ and all that follows and in-
16 serting ‘‘, regional militant groups, and Iranian-
17 linked proxy groups, in particular those forces as
18 having been assessed as to be willing to carry out
19 terrorist operations on behalf of Iran or in response
20 to a military attack by another country on Iran;’’;
21 (2) by redesignating subparagraphs (C) through
22 (G) as subparagraphs (E) through (I), respectively;
23 (3) by inserting after subparagraph (B) the fol-
24 lowing:
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1103
1 ‘‘(C) the types and amount of support to
2 be assessed under subparagraph (B) shall in-
3 clude support provided to Lebanese Hezbollah,
4 Hamas, Palestinian Islamic Jihad, the Popular
5 Front for the Liberation of Palestine, Asa’ib
6 ahl al-Haq, Harakat Hezbollah al-Nujaba,
7 Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam
8 Ali, Kata’ib Hezbollah, the Badr Organization,
9 the Fatemiyoun, the Zainabiyoun, and Ansar
10 Allah (also known as the ‘Houthis’);
11 ‘‘(D) the threat from Special Groups in
12 Iraq, including Kata’ib Hezbollah and Asa’ib
13 Ahl al-Haq, to United States and coalition
14 forces located in Iraq and Syria;’’; and
15 (4) in subparagraph (I), as redesignated, by
16 striking the period at the end and inserting ‘‘; and’’;
17 and
19 ‘‘(J) all formal or informal agreements in-
20 volving a strategic military or security partner-
21 ship with the Russian Federation, the People’s
22 Republic of China, or any proxies of either such
23 country.’’.
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1 SEC. 1232. EXTENSION OF AUTHORITY TO SUPPORT OPER-
2 ATIONS AND ACTIVITIES OF THE OFFICE OF
3 SECURITY COOPERATION IN IRAQ.
4 (a) SOURCE OF FUNDS.—Subsection (d) of section

6 Year 2012 (Public Law 114–92; 129 Stat. 1045; 10
7 U.S.C. 113 note) is amended by striking ‘‘fiscal year
8 2022’’ and inserting ‘‘fiscal year 2023’’.
9 (b) LIMITATION ON AVAILABILITY OF FUNDS.—Of
10 the amounts authorized to be appropriated by this Act or
11 otherwise made available for fiscal year 2023 for the Of-
12 fice of the Secretary of the Air Force for travel expenses,
13 not more than 90 percent may be obligated or expended
14 until the date on which a staffing plan for the Office of
15 Security Cooperation in Iraq is implemented.
16 (c) WAIVER.—The Secretary of Defense may waive
17 the restriction on the obligation or expenditure of funds
18 imposed by subsection (b) if the Secretary of Defense de-
19 termines that implementation of such a staffing plan is
20 not feasible and submits to the congressional defense com-
21 mittees, at the time the waiver is invoked, a notification
22 of the waiver that includes a justification detailing the rea-
23 sons for which such a plan cannot be implemented.
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1 SEC. 1233. EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
2 ANCE TO VETTED SYRIAN GROUPS AND INDI-
3 VIDUALS.
4 (a) EXTENSION.—Subsection (a) of section 1209 of

5 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National
7 Law 113–291; 128 Stat. 3541) is amended, in the matter
8 preceding paragraph (1), by striking ‘‘December 31,
10 (b) LIMITATION ON COST OF CONSTRUCTION AND
11 REPAIR PROJECTS.—Subsection (l)(3)(D) of such section

12 is amended by striking ‘‘December 31, 2022’’ and insert-
13 ing ‘‘December 31, 2023’’.
15 TO PROVIDE ASSISTANCE TO COUNTER THE
16 ISLAMIC STATE OF IRAQ AND SYRIA.
17 (a) IN GENERAL.—Subsection (a) of section 1236 of

18 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National
20 Law 113–291; 128 Stat. 3558) is amended, in the matter
21 preceding paragraph (1), by striking ‘‘December 31,
23 (b) FUNDING.—Subsection (g) of such section is
24 amended—
25 (1) by striking ‘‘fiscal year 2022’’ and inserting
26 ‘‘fiscal year 2023’’; and
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1106
1 (2) by striking ‘‘$345,000,000’’ and inserting
2 ‘‘$358,000,000’’.
3 (c) LIMITATION ON COST OF CONSTRUCTION AND
4 REPAIR PROJECTS.—Subsection (o)(5) of such section is

6 ‘‘December 31, 2023’’.
7 SEC. 1235. PROHIBITION ON TRANSFERS TO IRAN.

10 of Defense may be made available to transfer or facilitate
11 a transfer of pallets of currency, currency, or other items
12 of value to the Government of Iran, any subsidiary of such
13 Government, or any agent or instrumentality of Iran.
14 SEC. 1236. REPORT ON ISLAMIC REVOLUTIONARY GUARD
15 CORPS-AFFILIATED OPERATIVES ABROAD.

17 date of the enactment of this Act, the Secretary of State,
18 in consultation with the Secretary of Defense, shall submit
19 to the appropriate congressional committees a report that
20 includes a detailed description of—
21 (1) all Islamic Revolutionary Guard Corps-af-
22 filiated operatives serving in diplomatic and consular
23 posts abroad; and
24 (2) the ways in which the Department of State
25 and the Department of Defense are working with
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1107
1 partner countries to inform them of the threat posed
2 by Islamic Revolutionary Guard Corps-affiliated offi-
3 cials serving in diplomatic and consular roles in
4 third party countries.
5 (b) FORM.—The report required under subsection (a)
6 shall be submitted in unclassified form but may contain
7 a classified annex.
10 sional committees’’ means—
11 (1) the Committee on Armed Services and the
12 Committee on Foreign Relations of the Senate; and
14 Committee on Foreign Affairs of the House of Rep-
15 resentatives.
16 SEC. 1237. ASSESSMENT OF SUPPORT TO IRAQI SECURITY
17 FORCES AND KURDISH PESHMERGA FORCES
18 TO COUNTER AIR AND MISSILE THREATS.
19 (a) IN GENERAL.—Not later than April 1, 2023, the

21 fense committees a report on support to Iraqi Security
22 Forces and Kurdish Peshmerga Forces to counter air and
23 missile threats.
24 (b) CONTENTS.—The report submitted under sub-
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1 (1) An assessment of the threat from missiles,
2 rockets, and unmanned aerial systems (UAS) to
3 United States and coalition armed forces located in
4 Iraq, including the Iraqi Kurdistan Region.
5 (2) An assessment of the current state of air
6 defense capabilities of United States and coalition
7 armed forces located in Iraq, including the Iraqi
8 Kurdistan Region.
9 (3) Identification of perceived gaps in air de-
10 fense capabilities of United States and coalition
11 armed forces and the implications for the security of
12 such forces in Iraq, including the Iraqi Kurdistan
13 Region.
14 (4) Recommendations for training or equipment
15 needed to overcome the assessed air defense defi-
16 ciencies of United States and coalition armed forces
17 in Iraq, including the Iraqi Kurdistan Region.
18 (5) An assessment of the current state of the
19 air defense capabilities of partner armed forces in
20 Iraq, including the Iraqi Security Forces and Kurd-
21 ish Peshmerga Forces.
22 (6) An assessment of the perceived gaps in air
23 defense capabilities of partner armed forces in Iraq,
24 including the Iraqi Security Forces and Kurdish
25 Peshmerga Forces.
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1 (7) An assessment of recommended training
2 and equipment and available level of equipment to
3 maximize air defense capabilities of partner armed
4 forces in Iraq, including the Iraqi Security Forces
5 and Kurdish Peshmerga Forces.
6 (8) Such other matters as the Secretary con-
8 SEC. 1238. INTERAGENCY STRATEGY TO DISRUPT AND DIS-
9 MANTLE NARCOTICS PRODUCTION AND
10 TRAFFICKING AND AFFILIATED NETWORKS
11 LINKED TO THE REGIME OF BASHAR AL-
12 ASSAD IN SYRIA.

14 gress that—
15 (1) the Captagon trade linked to the regime of
16 Bashar al-Assad in Syria is a transnational security
17 threat; and
18 (2) the United States should develop and imple-
19 ment an interagency strategy to deny, degrade, and
20 dismantle Assad-linked narcotics production and
21 trafficking networks.
22 (b) DEFINED TERM.—In this section, the term ‘‘ap-
23 propriate congressional committees’’ means—
24 (1) the Committee on Armed Services of the
25 Senate;
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1110
1 (2) the Committee on Appropriations of the
2 Senate;
3 (3) the Committee on the Judiciary of the Sen-
4 ate;
5 (4) the Committee on Foreign Relations of the
6 Senate;
7 (5) the Committee on Banking, Housing, and
8 Urban Affairs of the Senate;
9 (6) the Select Committee on Intelligence of the
10 Senate;
12 House of Representatives;
13 (8) the Committee on Appropriations of the
15 (9) the Committee on the Judiciary of the
17 (10) the Committee on Foreign Affairs of the
19 (11) the Committee on Financial Services of
20 the House of Representatives; and
21 (12) the Permanent Select Committee on Intel-
22 ligence of the House of Representatives.
23 (c) STRATEGY REQUIRED.—
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1111
1 retary of State, in consultation with the Secretary of
2 Defense, the Secretary of the Treasury, the Admin-
3 istrator of the Drug Enforcement Administration,
4 the Director of National Intelligence, the Director of
5 the Office of National Drug Control Policy, and the
6 heads of other appropriate Federal agencies, shall
7 provide a written strategy (with a classified annex,
8 if necessary), to the appropriate congressional com-
9 mittees for disrupting and dismantling narcotics pro-
10 duction and trafficking and affiliated networks
11 linked to the regime of Bashar al-Assad in Syria.
12 (2) CONTENTS.—The strategy required under
13 paragraph (1) shall include—
14 (A) a detailed plan for—
15 (i) targeting, disrupting and degrad-
16 ing networks that directly and indirectly
17 support the narcotics infrastructure of the
18 Assad regime, particularly through diplo-
19 matic and intelligence support to law en-
20 forcement investigations; and
21 (ii) building counter-narcotics capacity
22 to partner countries through assistance
23 and training to law enforcement services in
24 countries (other than Syria) that are re-
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1112
1 ceiving or transiting large quantities of
2 Captagon;
3 (B)(i) the identification of the countries
4 that are receiving or transiting large shipments
5 of Captagon;
6 (ii) an assessment of the counter-narcotics
7 capacity of such countries to interdict or dis-
8 rupt the smuggling of Captagon; and
9 (iii) an assessment of current United
10 States assistance and training programs to
11 build such capacity in such countries;
12 (C) the use of sanctions, including sanc-
13 tions authorized under section the Caesar Syria
14 Civilian Protection Act of 2019 (22 U.S.C.
15 8791 note; title LXXIV of division F of Public
16 Law 116–92), and associated actions to target
17 individuals and entities directly or indirectly as-
18 sociated with the narcotics infrastructure of the
19 Assad regime;
20 (D) the use of global diplomatic engage-
21 ments associated with the economic pressure
22 campaign against the Assad regime to target its
23 narcotics infrastructure;
24 (E) leveraging multilateral institutions and
25 cooperation with international partners to dis-
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1113
1 rupt the narcotics infrastructure of the Assad
2 regime; and
3 (F) mobilizing a public communications
4 campaign to increase awareness of the extent of
5 the connection of the Assad regime to the illicit
6 narcotics trade.
7 SEC. 1239. PROHIBITION ON TRANSFERS TO BADR ORGANI-
8 ZATION.

11 of Defense may be made available, directly or indirectly,
12 to the Badr Organization.
13 SEC. 1240. REPORT ON UNITED NATIONS ARMS EMBARGO
14 ON IRAN.
16 ment of this Act, the Secretary of State, in consultation
17 with the Secretary of Defense, shall submit to the Com-
19 of Representatives, the Committee on Foreign Relations
20 of the Senate, and the Committee on Foreign Affairs of
21 the House of Representatives an unclassified report, which
22 may include a classified annex, that includes—
23 (1) a detailed assessment of whether and how
24 Iranian arms proliferation, particularly drone pro-
25 liferation, has increased following the expiration of
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1114
1 the United Nations arms embargo on Iran in Octo-
2 ber 2020; and
3 (2) a description of the measures that the De-
4 partments of State and Defense are taking to con-
5 strain Iran’s ability to supply, sell, or transfer, di-
6 rectly or indirectly, arms or related materiel, includ-
7 ing spare parts, to include Iranian proliferation of
8 drones.
9 Subtitle D—Matters Relating to
10 Russia
11 SEC. 1241. MODIFICATION AND EXTENSION OF UKRAINE SE-
12 CURITY ASSISTANCE INITIATIVE.
13 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Sub-

14 section (a) of section 1250 of the National Defense Au-
16 92; 129 Stat. 1608) is amended to read as follows:
17 ‘‘(a) AUTHORITY TO PROVIDE ASSISTANCE.—
18 ‘‘(1) IN GENERAL.—Amounts available for a
19 fiscal year under subsection (f) shall be available to
20 the Secretary of Defense, with the concurrence of
21 the Secretary of State, to provide, for the purposes
22 described in paragraph (2), appropriate security as-
23 sistance and intelligence support, including training,
24 equipment, and logistics support, supplies and serv-
25 ices, salaries and stipends, and sustainment, to—
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December 6, 2022 (7:20 p.m.)
1115
1 ‘‘(A) the military and national security
2 forces of Ukraine; and
3 ‘‘(B) other forces or groups recognized by,
4 and under the authority of, the Government of
5 Ukraine, including governmental entities within
6 Ukraine that are engaged in resisting Russian
7 aggression.
8 ‘‘(2) PURPOSES DESCRIBED.—The purposes de-
10 ‘‘(A) To enhance the capabilities of the
11 military and other security forces of the Gov-
12 ernment of Ukraine to defend against further
13 aggression.
14 ‘‘(B) To assist Ukraine in developing the
15 combat capability to defend its sovereignty and
16 territorial integrity.
17 ‘‘(C) To support the Government of
18 Ukraine in defending itself against actions by
19 Russia and Russian-backed separatists.’’.
20 (b) APPROPRIATE SECURITY ASSISTANCE AND IN-
21 TELLIGENCE SUPPORT.—Subsection (b) of such section is
22 amended in paragraph (4) to read as follows:
23 ‘‘(4) Manned and unmanned aerial capabilities,
24 including tactical surveillance systems and fixed and
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December 6, 2022 (7:20 p.m.)
1116
1 rotary-wing aircraft, such as attack, strike, airlift,
2 and surveillance aircraft.’’.
3 (c) AVAILABILITY OF FUNDS.—Subsection (c) of
4 such section is amended—
5 (1) in paragraph (1), by striking ‘‘funds avail-
6 able for fiscal year 2022 pursuant to subsection
7 (f)(7)’’ and inserting ‘‘funds available for fiscal year
8 2023 pursuant to subsection (f)(8)’’;
9 (2) in paragraph (3), by striking ‘‘fiscal year
10 2022’’ and inserting ‘‘fiscal year 2023’’;
13 ‘‘(6) WAIVER OF CERTIFICATION REQUIRE-
14 MENT.—The Secretary of Defense, with the concur-

15 rence of the Secretary of the State, may waive the
16 certification requirement in paragraph (2) if the
17 Secretary submits to the congressional defense com-
18 mittees, the Committee on Foreign Relations of the
19 Senate, and the Committee on Foreign Affairs of the
20 House of Representatives a written certification, not
21 later than 5 days after exercising the waiver, that
22 doing so is in the national interest of the United
23 States due to exigent circumstances caused by the
24 Russian invasion of Ukraine.’’.
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December 6, 2022 (7:20 p.m.)
1117
1 (d) UNITED STATES INVENTORY AND OTHER
2 SOURCES.—Subsection (d) of such section is amended—
3 (1) in paragraph (1), by inserting ‘‘, and to re-
4 cover or dispose of such weapons or other defense
5 articles, or to make available such weapons or arti-
6 cles to ally and partner governments to replenish
7 comparable stocks which ally or partner govern-
8 ments have provided to the Government of
9 Ukraine,’’ after ‘‘and defense services’’; and
11 ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not
12 later than 10 days before providing replenishment to

13 an ally or partner government pursuant to para-
14 graph (1), the Secretary of Defense shall transmit to
15 the congressional defense committees, the Committee
16 on Foreign Relations of the Senate, and the Com-
17 mittee on Foreign Affairs of the House of Rep-
18 resentatives a notification containing the following:
19 ‘‘(A) An identification of the recipient for-
20 eign country.
21 ‘‘(B) A detailed description of the articles
22 to be provided, including the dollar value, ori-
23 gin, and capabilities associated with the articles.
24 ‘‘(C) A detailed description of the articles
25 provided to Ukraine to be replenished, including
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December 6, 2022 (7:20 p.m.)
1118
1 the dollar value, origin, and capabilities associ-
2 ated with the articles.
3 ‘‘(D) The impact on United States stocks
4 and readiness of transferring the articles.
5 ‘‘(E) An assessment of any security, intel-
6 lectual property, or end use monitoring issues
7 associated with transferring the articles.’’.
8 (e) FUNDING.—Subsection (f) of such section is
10 ‘‘(8) For fiscal year 2023, $800,000,000.’’.
11 (f) TERMINATION OF AUTHORITY.—Subsection (h) of
12 such section is amended by striking ‘‘December 31, 2023’’
13 and inserting ‘‘December 31, 2024’’.
14 (g) WAIVER OF CERTIFICATION REQUIREMENT.—
15 Such section is amended—
16 (1) by redesignating the second subsection (g)
17 as subsection (i); and
19 ‘‘(j) EXPEDITED NOTIFICATION REQUIREMENT.—
20 Not later than 15 days before providing assistance or sup-
21 port under subsection (a), or as far in advance as is prac-
22 ticable if the Secretary of Defense determines, on a case-
23 by-case basis, that extraordinary circumstances exist that
24 impact the national security of the United States, the Sec-
25 retary shall transmit to the congressional defense commit-
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December 6, 2022 (7:20 p.m.)
1119
1 tees, the Committee on Foreign Relations of the Senate,
2 and the Committee on Foreign Affairs of the House of
3 Representatives a notification containing a detailed de-
4 scription of the assistance or support to be provided, in-
5 cluding—
6 ‘‘(1) the objectives of such assistance or sup-
7 port;
8 ‘‘(2) the budget for such assistance or support;
9 and
10 ‘‘(3) the expected or estimated timeline for de-
11 livery of such assistance or support.’’.
12 SEC. 1242. EXTENSION OF LIMITATION ON MILITARY CO-
13 OPERATION BETWEEN THE UNITED STATES
14 AND RUSSIA.

17 Stat. 2488), is amended by striking ‘‘2021, or 2022’’ and
18 inserting ‘‘2021, 2022, 2023, 2024, 2025, 2026, or
19 2027’’.
20 SEC. 1243. MODIFICATION TO ANNUAL REPORT ON MILI-
21 TARY AND SECURITY DEVELOPMENTS IN-
22 VOLVING THE RUSSIAN FEDERATION.

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1120
2 (A) by redesignating paragraph (24) as
5 following:
6 ‘‘(24) The impacts of United States sanctions
7 on improvements to the Russian military and its
8 proxies, including an assessment of the impacts of
9 the maintenance or revocation of such sanctions.
10 ‘‘(25) A detailed description of—
11 ‘‘(A) how Russian private military compa-
12 nies are being utilized to advance the political,
13 economic, and military interests of the Russian
14 Federation;
15 ‘‘(B) the direct or indirect threats Russian
16 private military companies present to United
17 States security interests; and
18 ‘‘(C) how sanctions that are currently in
19 place to impede or deter Russian private mili-
20 tary companies from continuing their malign
21 activities have impacted the Russian private
22 military companies’ behavior.’’; and
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1121
1 (A) in paragraph (1), by inserting ‘‘, the
2 Permanent Select Committee on Intelligence,’’
3 after ‘‘the Committee on Armed Services’’; and
4 (B) in paragraph (2), by inserting ‘‘, the
5 Select Committee on Intelligence,’’ after ‘‘the
6 Committee on Armed Services’’.
7 SEC. 1244. TEMPORARY AUTHORIZATIONS RELATED TO
8 UKRAINE AND OTHER MATTERS.
9 (a) TEMPORARY AUTHORIZATIONS FOR COVERED

10 AGREEMENTS RELATED TO UKRAINE.—
11 (1) COVERED AGREEMENT DEFINED.—In this
12 subsection, the term ‘‘covered agreement’’ includes a
13 contract, subcontract, transaction, or modification of
14 a contract, subcontract, or transaction awarded by
15 the Department of Defense—
16 (A) to build the stocks of critical munitions
17 and other defense articles of the Department;
18 (B) to provide materiel and related services
19 to foreign allies and partners that have pro-
20 vided support to the Government of Ukraine;
21 and
22 (C) to provide materiel and related services
23 to the Government of Ukraine.
24 (2) PUBLIC INTEREST.—
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1122
1 (A) IN GENERAL.—A covered agreement
2 may be presumed to be in the public interest
3 for purposes of meeting the requirements of
4 subsection (a)(7) of section 3204 of title 10,
6 (B) PROCEDURES.—Notwithstanding the
7 provisions of subsection (a)(7) of section 3204
8 of title 10, United States Code, with respect to
9 a covered agreement—
10 (i) the head of an agency may dele-
11 gate the authority under that subsection to
12 an officer or employee who—
13 (I) in the case of an officer or
14 employee who is a member of the
15 Armed Forces, is serving in a grade
16 at or above brigadier general or rear
17 admiral (lower half); or
18 (II) in the case of a civilian offi-
19 cer or employee, is serving in a posi-
20 tion with a grade under the General
21 Schedule (or any other schedule for
22 civilian officers or employees) that is
23 comparable to or higher than the
24 grade of brigadier general or rear ad-
25 miral (lower half); and
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1123
1 (ii) not later than 7 days before using
2 the applicable procedures under section
3 3204 of title 10, United States Code, the
4 head of an agency, or a designee of the
5 head of an agency, shall submit to the con-
6 gressional defense committees a written
7 notification of the use of such procedures.
8 (C) DOCUMENTATION.—Consistent with
9 paragraph (4)(C) of subsection (e) of section
10 3204 of title 10, United States Code, the docu-
11 mentation otherwise required by paragraph (1)
12 of such subsection is not required in the case of
13 a covered agreement.
14 (3) PROCUREMENT AUTHORITIES.—The special
15 emergency procurement authorities provided under
16 subsections (b) and (c) of section 1903 of title 41,
17 United States Code, may be used by the Department
18 of Defense for a covered agreement.
19 (4) UNDEFINITIZED CONTRACTUAL ACTIONS.—
20 The head of an agency may waive the provisions of

21 subsections (a) and (c) of section 3372 of title 10,
22 United States Code, for a covered agreement.
23 (5) TECHNICAL DATA PACKAGES FOR LARGE-
24 CALIBER CANNON.—The requirements of section

25 7542 of title 10, United States Code, do not apply
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December 6, 2022 (7:20 p.m.)
1124
1 to the transfer of technical data to an international
2 partner for the production of large-caliber cannons
3 produced for—
4 (A) the replacement of defense articles
5 from stocks of the Department of Defense pro-
6 vided to the Government of Ukraine or to for-
7 eign countries that have provided support to
8 Ukraine at the request of the United States, or
9 (B) contracts awarded by the Department
10 of Defense to provide materiel directly to the
11 Government of Ukraine.
12 (6) TEMPORARY EXEMPTION FROM CERTIFIED
13 COST AND PRICING DATA REQUIREMENTS.—
14 (A) IN GENERAL.—At the Federal Govern-

15 ment’s discretion, the requirements under sec-
16 tion 3702 of title 10, United States Code, shall
17 not apply to a covered agreement awarded on a
18 fixed-price incentive firm target basis, where
19 target price equals ceiling price, and the Gov-
20 ernment underrun share ratio is a minimum of
21 60 percent with a cap for the negotiated profit
22 dollars of 15 percent of target cost.
23 (B) USE OF EXEMPTION.—The following
24 shall apply to an exemption under subpara-
25 graph (A):
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December 6, 2022 (7:20 p.m.)
1125
1 (i) Awarded profit dollars shall be
2 fixed, but the contractor may ultimately re-
3 alize a profit rate of higher than 15 per-
4 cent by underrunning target costs.
5 (ii) The target prices negotiated by
6 the Federal Government shall not exceed
7 the most recent negotiated prices for the
8 same items while allowing for appropriate
9 adjustments, including those for quantity
10 differences or relevant, applicable economic
11 indices.
12 (C) APPLICATION.—An exemption under
13 subparagraph (A) shall apply to subcontracts
14 under prime contracts that are exempt under
15 this paragraph.
16 (7) TERMINATION OF TEMPORARY AUTHORIZA-
17 TIONS.—The provisions of this subsection shall ter-

18 minate on September 30, 2024.
19 (b) MODIFICATION OF COOPERATIVE LOGISTIC SUP-
20 PORT AGREEMENTS: NATO COUNTRIES.—Section 2350d
21 of title 10, United States Code, is amended—
22 (1) in the section heading, by striking ‘‘logis-
23 tic support’’ and inserting ‘‘acquisition and
24 logistics support’’;
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December 6, 2022 (7:20 p.m.)
1126
3 graph (A), by striking ‘‘logistics support’’
4 and inserting ‘‘acquisition and logistics
5 support’’; and
6 (ii) in subparagraph (B), by striking
7 ‘‘logistic support’’ and inserting ‘‘acquisi-
8 tion and logistics support’’; and
9 (B) in paragraph (2)(B), by striking ‘‘lo-
10 gistics support’’ and inserting ‘‘armaments and
11 logistics support’’; and
14 by striking ‘‘Partnership Agreement’’ and in-
15 serting ‘‘Partnership Agreement or Arrange-
16 ment’’;
18 (i) by striking ‘‘supply and acquisition
19 of logistics support in Europe for require-
20 ments’’ and inserting ‘‘supply, services,
21 support, and acquisition, including arma-
22 ments for requirements’’; and
23 (ii) by striking ‘‘supply and acquisi-
24 tion are appropriate’’ and inserting ‘‘sup-
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December 6, 2022 (7:20 p.m.)
1127
1 ply, services, support, and acquisition are
2 appropriate’’; and
3 (C) in paragraph (2), by striking ‘‘logistics
4 support’’ each place it appears and inserting
5 ‘‘acquisition and logistics support’’.
6 (c) MULTIYEAR PROCUREMENT AUTHORITY FOR
7 CERTAIN MUNITIONS.—
8 (1) AUTHORITY FOR MULTIYEAR PROCURE-
9 MENT.—Subject to the provisions of section 3501 of

10 title 10, United States Code, set forth in paragraph
11 (3), the head of an agency may enter into one or
12 more multiyear contracts, beginning in fiscal year
13 2023, for the procurement of up to—
14 (A) 864,000 XM1128, XM1113, M107,
15 and M795 (155mm rounds);
16 (B) 12,000 AGM–179 Joint Air-to-Ground
17 Missiles (JAGM);
18 (C) 700 M142 High Mobility Artillery
19 Rocket Systems (HIMARS);
20 (D) 1,700 MGM–140 Army Tactical Mis-
21 sile Systems (ATACMS);
22 (E) 2,600 Harpoons;
23 (F) 1,250 Naval Strike Missiles;
24 (G) 106,000 Guided Multiple Launch
25 Rocket Systems (GMLRS);
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December 6, 2022 (7:20 p.m.)
1128
1 (H) 3,850 PATRIOT Advanced Capa-
2 bility–3 (PAC–3) Missile Segment Enhance-
3 ment (MSE);
4 (I) 5,600 FIM–92 Stinger;
5 (J) 28,300 FGM–148 Javelin;
6 (K) 5,100 AIM–120 Advanced Medium-
7 Range Air-to-Air Missile (AMRAAM);
8 (L) 2,250,000 Modular Artillery Charge
9 System (MACS);
10 (M) 12,050 155m Excalibur M982A1;
11 (N) 950 Long Range Anti-Ship Missiles
12 (LRASM);
13 (O) 3,100 Joint Air-to-Surface Standoff
14 Missiles (JASSM);
15 (P) 1,500 Standard Missle–6 Missiles
16 (SM–6); and
17 (Q) 5,100 Sidewinder Missiles (AIM–9X).
19 ISTING CONTRACTS.—The systems authorized to be

21 additions to existing contracts covering such pro-
22 grams.
23 (3) LIMITED APPLICABILITY OF OTHER LAW.—
24 In applying section 3501 of title 10, United States
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December 6, 2022 (7:20 p.m.)
1129
1 Code, to paragraph (1), only the following provisions
2 of that section shall apply:
3 (A) Subsection (f).
4 (B) Subsection (g), in which the term
5 ‘‘contract described in subsection (a)’’ shall
6 mean a contract awarded pursuant to the au-
7 thority of this subsection.
8 (C) Subsection (i)(1).
9 (D) Subsection (l)(3).
10 (4) AUTHORITY FOR ADVANCE PROCURE-
11 MENT.—To the extent and in such amounts as spe-

12 cifically provided in advance in appropriations Acts
13 for the purposes described in paragraph (1), the
14 head of an agency may enter into one or more con-
15 tracts for advance procurement associated with a
16 program for which authorization to enter into a con-
17 tract is provided under paragraph (1) and for sys-
18 tems and subsystems associated with such program
19 in economic order quantities when cost savings are
20 achievable.
21 (5) CONDITION FOR OUT-YEAR CONTRACT PAY-
22 MENTS.—A contract entered into under paragraph

23 (1) shall provide that any obligation of the United
24 States to make a payment under the contract for a
25 fiscal year after fiscal year 2023 is subject to the
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December 6, 2022 (7:20 p.m.)
1130
1 availability of appropriations for that purpose for
2 such later fiscal year.
3 (d) DEFINITION.—In this section, the term ‘‘head of
4 an agency’’ means—
5 (1) the Secretary of Defense;
6 (2) the Secretary of the Army;
7 (3) the Secretary of the Navy; or
8 (4) the Secretary of the Air Force.
9 SEC. 1245. PROHIBITION ON AVAILABILITY OF FUNDS RE-
10 LATING TO SOVEREIGNTY OF THE RUSSIAN
11 FEDERATION OVER INTERNATIONALLY REC-
12 OGNIZED TERRITORY OF UKRAINE.
13 (a) PROHIBITION.—None of the funds authorized to

15 for fiscal year 2023 for the Department of Defense may
16 be obligated or expended to implement any activity that
17 recognizes the sovereignty of the Russian Federation over
18 territory internationally recognized to be the sovereign ter-
19 ritory of Ukraine, including Crimea and the territory Rus-
20 sia claims to have annexed in Kherson Oblast, Zaporizhzia
21 Oblast, Donetsk Oblast, and Luhansk Oblast.
22 (b) WAIVER.—The Secretary of Defense, with the
23 concurrence of the Secretary of State, may waive the pro-
24 hibition under subsection (a) if the Secretary of Defense—
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1131
1 (1) determines that the waiver is in the national
2 security interest of the United States; and
3 (2) on the date on which the waiver is invoked,
4 submits a notification of the waiver and a justifica-
5 tion of the reason for seeking the waiver to—
7 the Committee on Foreign Relations of the Sen-
8 ate; and
10 the Committee on Foreign Affairs of the House
12 SEC. 1246. REPORT ON DEPARTMENT OF DEFENSE PLAN
13 FOR THE PROVISION OF SHORT AND ME-
14 DIUM-TERM SECURITY ASSISTANCE TO
15 UKRAINE.

18 fense, in consultation with the heads of other relevant
19 Federal agencies, shall submit to the congressional defense
20 committees a report outlining in detail the plan of the De-
21 partment of Defense for the provision of security assist-
22 ance to the armed forces of Ukraine.
23 (b) MATTERS TO BE INCLUDED.—The report re-
24 quired by subsection (a) shall include—
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1132
1 (1) primary focus areas for the provision of se-
2 curity assistance to the armed forces of Ukraine by
3 the Department of Defense, including priority capa-
4 bilities, the funding streams used, and a plan to ful-
5 fill training, maintenance, and sustainment require-
6 ments associated with such assistance—
7 (A) over the next 3 to 6 months; and
8 (B) over the next 12 to 24 months; and
9 (2) any other matters the Secretary determines
10 appropriate.
11 SEC. 1247. OVERSIGHT OF UNITED STATES ASSISTANCE TO
12 UKRAINE.

14 gress that—
15 (1) continued assistance to Ukraine as it fights
16 against the unjust and unprovoked attack by Russia
17 is of critical importance to United States national
18 security interests, and oversight and transparency
19 for such assistance is essential to ensure effective
20 and sustained support;
21 (2) the executive branch has established the
22 interagency Ukraine Oversight Working Group,
23 which focuses on conducting comprehensive over-
24 sight, and issued the interagency U.S. Plan to
25 Counter Illicit Diversion of Certain Advanced Con-
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1133
1 ventional Weapons in Eastern Europe, a whole-of-
2 government effort to advance accountability and
3 end-use monitoring of weapons provided in response
4 to the Ukraine crisis, and continued attention and
5 regular briefings to relevant congressional oversight
6 committees on such efforts is imperative;
7 (3) each United States department and agency
8 providing or facilitating assistance to Ukraine should
9 continue to implement and institutionalize appro-
10 priate transparency, accountability, and end-use
11 monitoring measures, including exploring creative
12 approaches to overcoming the challenges associated
13 with delivering assistance during an active armed
14 conflict, as is detailed in the interagency Plan to
15 Counter Illicit Diversion;
16 (4) Inspectors General must continue to carry
17 out comprehensive oversight and conduct reviews,
18 audits, investigations, and inspections of United
19 States support and activities carried out in response
20 to Russia’s further invasion of Ukraine, and provide
21 regular briefings to the appropriate congressional
22 committees on their findings;
23 (5) the United States and its allies and part-
24 ners should continue to support Ukrainian anti-cor-
25 ruption institutions and e-platforms, including the
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1134
1 National Agency for Corruption Prevention, the Na-
2 tional Anti-Corruption Bureau of Ukraine, and the
3 Specialized Anti-Corruption Prosecutor’s Office, in
4 their work to ensure effective assistance delivery and
5 prevent incidents of waste, fraud, and abuse; and
6 (6) Ukrainian authorities should also continue
7 to establish new transparency, accountability, and
8 end-use monitoring initiatives both independently
9 and in partnership with relevant United States de-
10 partments and agencies and other international
11 partners, and the United States should continue to
12 work with counterparts in Ukraine and other coun-
13 tries supporting their efforts to further mutual ef-
14 forts to strengthen and institutionalize account-
15 ability measures and mechanisms.
16 (b) REPORT.—
17 (1) IN GENERAL.—Not later than April 1,
18 2023, the Inspector General of the Department of
19 Defense, in conjunction with the Inspector General
20 of the Department of State and the Inspector Gen-
21 eral of the United States Agency for International
22 Development and in consultation with other Inspec-
23 tors General as appropriate, shall submit to the ap-
24 propriate congressional committees a report on the
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December 6, 2022 (7:20 p.m.)
1135
1 oversight framework established with respect to
2 United States assistance to Ukraine.
3 (2) MATTERS TO BE INCLUDED.—The report
4 required by this subsection shall include the fol-
5 lowing:
6 (A) The framework the relevant Inspectors
7 General are currently using or plan to adopt to
8 oversee assistance to Ukraine in the immediate
9 and longer term, including an identification of
10 the United States departments and agencies
11 providing or facilitating such assistance.
12 (B) Whether there are any gaps in over-
13 sight over the activities and funds for assistance
14 to Ukraine.
15 (C) An assessment of any failures by
16 United States, bilateral, or multilateral organi-
17 zations to work with such Inspectors General in
18 a timely and transparent manner.
19 (D) A description of the footprint in Eu-
20 rope of such Inspectors General for purposes of
21 oversight of assistance to Ukraine, including
22 presence and access in Ukraine.
23 (E) To the extent practicable and appro-
24 priate, a description of any known incidents of
25 the misuse of assistance to Ukraine, including
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1136
1 incidents of waste, fraud, abuse, diversion, or
2 corruption.
3 (F) Any lessons learned from the manner
4 in which oversight over assistance to Ukraine
5 has been conducted.
6 (G) Any findings or recommendations with
7 respect to assistance to Ukraine.
8 (c) DEFINITION.—In this section, the term ‘‘appro-
9 priate congressional committees’’ means—
10 (1) the congressional defense committees; and
11 (2) the Committee on Foreign Affairs of the
12 House of Representatives and the Committee on
13 Foreign Relations of the Senate.
14 Subtitle E—Matters Relating to the
15 Indo-Pacific Region
16 SEC. 1251. MODIFICATION TO ANNUAL REPORT ON MILI-
17 TARY AND SECURITY DEVELOPMENTS IN-
18 VOLVING THE PEOPLE’S REPUBLIC OF
19 CHINA.
20 Section 1202(b) of the National Defense Authoriza-

21 tion Act for Fiscal Year 2000 (10 U.S.C. 113 note) is
22 amended as follows:
23 (1) In paragraph (5)—
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1137
1 (A) in subparagraph (A), by inserting
2 ‘‘special operations,’’ after ‘‘theater-level com-
3 mands,’’; and
4 (B) in subparagraph (B), by striking ‘‘A
5 summary’’ and inserting ‘‘a summary’’.
6 (2) In paragraph (7)(B)—
7 (A) in clause (ii), by striking ‘‘and’’ at the
8 end;
9 (B) in clause (iii), by striking the period at
11 (C) by adding at the end the following:
12 ‘‘(iv) the Middle East.’’.
13 (3) In paragraph (8), by adding at the end the
14 following:
15 ‘‘(F) Special operations capabilities.’’.
16 SEC. 1252. MODIFICATION OF INDO-PACIFIC MARITIME SE-
17 CURITY INITIATIVE TO AUTHORIZE USE OF
18 FUNDS FOR THE COAST GUARD.

20 Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amended
21 by striking subsection (f) and inserting the following new
22 subsection (f):
23 ‘‘(f) AVAILABILITY OF FUNDS FOR COAST GUARD
24 PERSONNEL AND CAPABILITIES.—The Secretary of De-
25 fense may use funds made available under this section to
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1138
1 facilitate the participation of Coast Guard personnel in,
2 and the use of Coast Guard capabilities for, training, exer-
3 cises, and other activities with foreign countries under this
4 section.’’.
5 SEC. 1253. MODIFICATION OF PROHIBITION ON PARTICIPA-
6 TION OF THE PEOPLE’S REPUBLIC OF CHINA
7 IN RIM OF THE PACIFIC (RIMPAC) NAVAL EX-
8 ERCISES TO INCLUDE CESSATION OF GENO-
9 CIDE BY CHINA.
10 Section 1259(a)(1) of the John S. McCain National

11 Defense Authorization Act for Fiscal Year 2019 (10
13 (1) in subparagraph (B), by striking ‘‘and’’ at
14 the end;
15 (2) in subparagraph (C), by striking the period
16 at the end and inserting ‘‘; and’’; and
18 ‘‘(D) ceased committing genocide in China,
19 as articulated in the Department of State’s
20 Country Report on Human Rights Practices re-
21 leased on April 12, 2022, and engaged in a
22 credible justice and accountability process for
23 all victims of such genocide.’’.
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1 SEC. 1254. EXTENSION AND MODIFICATION OF PACIFIC DE-
2 TERRENCE INITIATIVE.
3 (a) EXTENSION.—Subsection (c) of section 1251 of

4 the William M. (Mac) Thornberry National Defense Au-
5 thorization Act for Fiscal Year 2021 (10 U.S.C. 113 note)
6 is amended—
7 (1) by striking ‘‘the National Defense Author-
8 ization Act for Fiscal Year 2022’’ and inserting ‘‘the
10 2023’’; and
11 (2) by striking ‘‘fiscal year 2022’’ and inserting
12 ‘‘fiscal year 2023’’.
13 (b) REPORT ON RESOURCING UNITED STATES DE-
14 FENSE REQUIREMENTS FOR THE INDO-PACIFIC REGION
15 AND STUDY ON COMPETITIVE STRATEGIES.—Subsection
16 (d)(1) of such section is amended—
17 (1) in subparagraph (A), by striking ‘‘fiscal
18 years 2023 and 2024’’ and inserting ‘‘fiscal years
19 2024 and 2025’’; and
20 (2) in subparagraph (B)—
21 (A) in clause (v), by striking ‘‘security co-
22 operation activities or resources’’ and inserting
23 ‘‘security cooperation authorities, activities, or
24 resources’’;
25 (B) in clause (vi)(I)(aa)—
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1 (i) in subitem (AA), by striking ‘‘to
2 modernize and strengthen the’’ and insert-
3 ing ‘‘to improve the posture and’’; and
4 (ii) in subitem (FF)—
5 (I) by striking ‘‘to improve’’ and
6 inserting ‘‘to modernize and improve’’;
7 and
8 (II) by striking the semicolon at
11 clause:
12 ‘‘(vii) A budget display, prepared with
13 the assistance of the Under Secretary of
14 Defense (Comptroller), that compares the
15 independent assessment of the Commander
16 of the United States Indo-Pacific Com-
17 mand with the amounts contained in the
18 budget display for the applicable fiscal year
19 under subsection (f).’’.
20 SEC. 1255. EXTENSION OF AUTHORITY TO TRANSFER
21 FUNDS FOR BIEN HOA DIOXIN CLEANUP.
22 Section 1253(b) of the William M. (Mac) Thornberry

24 (Public Law 116–283; 134 Stat. 3955) is amended by
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1141
1 striking ‘‘fiscal year 2022’’ and inserting ‘‘fiscal year
2 2023’’.
3 SEC. 1256. ENHANCED INDICATIONS AND WARNING FOR DE-
4 TERRENCE AND DISSUASION.
5 (a) ESTABLISHMENT OF PROGRAM FOR ENHANCED

6 INDICATIONS AND WARNING.—
7 (1) AUTHORITY.—The Director of the Defense
8 Intelligence Agency may establish a program to in-
9 crease warning time of potential aggression by ad-
10 versary nation states, focusing especially on the
11 United States Indo-Pacific Command and United
12 States European Command areas of operations.
13 (2) DESIGNATION.—If the Director establishes
14 the program under paragraph (1), the program shall
15 be known as the ‘‘Program for Enhanced Indications
16 and Warning’’ (in this section referred to as the
17 ‘‘Program’’).
18 (3) PURPOSE.—The purpose of the Program
19 that may be established under paragraph (1) is to
20 gain increased warning time to provide time for the
21 Department of Defense to mount deterrence and dis-
22 suasion actions to persuade adversaries to refrain
23 from aggression, including through potential revela-
24 tions or demonstrations of capabilities and actions to
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1 create doubt in the minds of adversary leaders re-
2 garding the prospects for military success.
3 (b) HEAD OF PROGRAM.—
4 (1) APPOINTMENT.—If the Director establishes
5 the Program, the Director shall appoint a defense
6 intelligence officer to serve as the mission manager
7 for the Program.
8 (2) DESIGNATION.—The mission manager for
9 the Program shall be known as the ‘‘Program Man-
10 ager for Enhanced Indications and Warning’’ (in
11 this section referred to as the ‘‘Program Manager’’).
12 (c) SOURCES OF INFORMATION AND ANALYSIS.—If
13 the Director establishes the Program, the Program Man-
14 ager shall ensure that the Program makes use of all avail-
15 able sources of information, from public, commercial, and
16 classified sources across the intelligence community and
17 the Department of Defense, and advanced analytics, in-
18 cluding artificial intelligence, to establish a system capable
19 of discerning deviations from normal patterns of behavior
20 and activity that may indicate preparations for military
21 actions.
22 (d) INTEGRATION WITH OTHER PROGRAMS.—
23 (1) SUPPORT.—If the Director establishes the
24 Program, the Program shall be supported, as appro-
25 priate, by the Chief Digital and Artificial Intel-
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1 ligence Officer, the Maven project, by capabilities
2 sponsored by the Office of the Under Secretary of
3 Defense for Intelligence and Security, and programs
4 already underway within the Defense Intelligence
5 Agency.
6 (2) AGREEMENTS.—If the Director establishes
7 the Program, the Director shall seek to engage in
8 agreements to integrate information and capabilities
9 from other components of the intelligence commu-
10 nity to facilitate the purpose of the Program.
11 (e) BRIEFINGS.—If the Director establishes the Pro-
12 gram, not later than 180 days after the date of the enact-
13 ment of this Act and not less frequently than once each
14 year thereafter through 2027, the Program Manager shall
15 provide the appropriate committees of Congress a briefing
16 on the status of the activities of the Program.
18 (1) The term ‘‘appropriate committees of Con-
21 and
22 (B) the congressional intelligence commit-
23 tees (as defined in section 3 of the National Se-
24 curity Act of 1947 (50 U.S.C. 3003)).
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2 meaning given such term in section 3 of the Na-
3 tional Security Act of 1947 (50 U.S.C. 3003).
4 SEC. 1257. PROHIBITION ON USE OF FUNDS TO SUPPORT
5 ENTERTAINMENT PROJECTS WITH TIES TO
6 THE GOVERNMENT OF THE PEOPLE’S REPUB-
7 LIC OF CHINA.
8 (a) IN GENERAL.—None of the funds authorized to

9 be appropriated by this Act may be used to knowingly pro-
10 vide active and direct support to any film, television, or
11 other entertainment project if the Secretary of Defense
12 has demonstrable evidence that the project has complied
13 or is likely to comply with a demand from the Government
14 of the People’s Republic of China or the Chinese Com-
15 munist Party, or an entity under the direction of the Peo-
16 ple’s Republic of China or the Chinese Communist Party,
17 to censor the content of the project in a material manner
18 to advance the national interest of the People’s Republic
19 of China.
20 (b) WAIVER.—The Secretary of Defense may waive
21 the prohibition under subsection (a) if the Secretary sub-
22 mits to the Committees on Armed Services of the Senate
23 and House of Representatives a written certification that
24 such a waiver is in the national interest of the United
25 States.
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1 (c) POLICY REQUIRED.—Not later than 180 days
3 of Defense shall issue a policy that describes how the De-
4 partment of Defense will review requests to provide active
5 or direct support to any film, television, or other entertain-
6 ment project. The policy shall include ways to assess Chi-
7 nese influence or potential influence over the content of
8 a film, television, or other entertainment project, actions
9 the Department can take to prevent Chinese censorship
10 of a project, and criteria the Department shall use when
11 evaluating requests to support a project.
12 (d) LIMITATION.—Of the amounts authorized to be
13 appropriated by this Act for the official travel expenses
14 of the Office of the Secretary of Defense, not more than
15 95 percent may be obligated or expended until the policy
16 required by subsection (c) is released and transmitted to
17 the congressional defense committees.
18 SEC. 1258. REPORTING ON INSTITUTIONS OF HIGHER EDU-
19 CATION DOMICILED IN THE PEOPLE’S RE-
20 PUBLIC OF CHINA THAT PROVIDE SUPPORT
21 TO THE PEOPLE’S LIBERATION ARMY.
22 (a) DETERMINATION.—
23 (1) IN GENERAL.—The Secretary of Defense, in
24 consultation with the Director of National Intel-
25 ligence, shall identify each entity that is an institu-
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1146
1 tion of higher education domiciled in the People’s
2 Republic of China that provides material support to
3 the People’s Liberation Army.
4 (2) FACTORS.—In making a determination
5 under paragraph (1) with respect to an entity, the
6 Secretary shall consider the following factors:
7 (A) Material support to the implementa-
8 tion of the military-civil fusion strategy of
9 China.
10 (B) Material relationship with the Chinese
11 State Administration for Science, Technology,
12 and Industry for the National Defense.
13 (D) Funding received from any organiza-
14 tion subordinate to the Central Military Com-
15 mission of the Chinese Communist Party.
16 (E) Supporting or enabling relationship
17 with any security, defense, or police forces with-
18 in the Government of China or the Chinese
19 Communist Party.
20 (F) Any other factor the Secretary deter-
21 mines is appropriate.
22 (b) REPORT.—Not later than September 30, 2023,
23 the Secretary shall submit to the appropriate congres-
24 sional committees a list of each entity identified pursuant
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December 6, 2022 (7:20 p.m.)
1147
1 to subsection (a) in unclassified form, with a classified
2 annex, if necessary.
7 the Select Committee on Intelligence of the
8 Senate; and
10 the Permanent Select Committee on Intelligence
12 (2) The term ‘‘People’s Liberation Army’’
13 means the land, naval, and air military services, the
14 People’s Armed Police, the Strategic Support Force,
15 the Rocket Force, and any other related security ele-
16 ment within the Government of China or the Chi-
17 nese Communist Party that the Secretary deter-
18 mines is appropriate.
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1 SEC. 1259. REVIEW OF PORT AND PORT-RELATED INFRA-
2 STRUCTURE PURCHASES AND INVESTMENTS
3 MADE BY THE GOVERNMENT OF THE PEO-
4 PLE’S REPUBLIC OF CHINA AND ENTITIES DI-
5 RECTED OR BACKED BY THE GOVERNMENT
6 OF THE PEOPLE’S REPUBLIC OF CHINA.
7 (a) IN GENERAL.—The Secretary of State, in coordi-

8 nation with the Director of National Intelligence, the Sec-
9 retary of Defense, and the head of any other agency the
10 Secretary of State considers necessary, shall conduct a re-
11 view of port and port-related infrastructure purchases and
12 investments critical to the interests and national security
13 of the United States made by—
14 (1) the Government of the People’s Republic of
15 China;
16 (2) entities directed or backed by the Govern-
17 ment of the People’s Republic of China; and
18 (3) entities with beneficial owners that include
19 the Government of the People’s Republic of China or
20 a private company controlled by the Government of
21 the People’s Republic of China.
22 (b) ELEMENTS.—The review required by subsection
24 (1) A list of port and port-related infrastructure
25 purchases and investments described in that sub-
26 section, prioritized in order of the purchases or in-
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1149
1 vestments that pose the greatest threat to United
2 States economic, defense, and foreign policy inter-
3 ests.
4 (2) An analysis of the effects the consolidation
5 of such investments, or the assertion of control by
6 the Government of the People’s Republic of China
7 over entities described in paragraph (2) or (3) of
8 that subsection, would have on Department of State
9 and Department of Defense contingency plans.
10 (3) A description of the integration into ports
11 of technologies developed and produced by the Gov-
12 ernment of the People’s Republic of China or enti-
13 ties described in paragraphs (2) or (3) of that sub-
14 section, and the data and cyber security risks posed
15 by such integration.
16 (4) A description of past and planned efforts by
17 the Secretary of State and the Secretary of Defense,
18 with the support of the Director of National Intel-
19 ligence, to address such purchases, investments, and
20 consolidation of investments or assertion of control.
21 (c) COORDINATION WITH OTHER FEDERAL AGEN-
22 CIES.—In conducting the review required by subsection
23 (a), the Secretary of State may coordinate with the head
24 of any other Federal agency, as the Secretary considers
25 appropriate.
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1 (d) REPORT.—
4 retary of State shall submit to the appropriate com-
5 mittees of Congress a report on the results of the re-
6 view under subsection (a).
7 (2) FORM.—The report required by paragraph
8 (1) shall be submitted in unclassified form, but may
9 contain a classified annex.
11 (1) APPROPRIATE COMMITTEES OF CON-
12 GRESS.—The term ‘‘appropriate committees of Con-

15 Committee on Foreign Relations, and the Select
16 Committee on Intelligence of the Senate; and
18 Committee on Foreign Affairs, and the Perma-
19 nent Select Committee on Intelligence of the
21 (2) PORT.—The term ‘‘port’’ means—
22 (A) any port—
23 (i) on the navigable waters of the
24 United States; or
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1151
1 (ii) that is considered by the Secretary
2 of State to be critical to United States in-
3 terests; and
4 (B) any harbor, marine terminal, or other
5 shoreside facility used principally for the move-
6 ment of goods on inland waters that the Sec-
7 retary of State considers critical to United
8 States interests.
9 (3) PORT-RELATED INFRASTRUCTURE.—The
10 term ‘‘port-related infrastructure’’ includes—

11 (A) crane equipment;
12 (B) logistics, information, and communica-
13 tions systems; and
14 (C) any other infrastructure the Secretary
15 of State considers appropriate.
16 SEC. 1260. ENHANCING MAJOR DEFENSE PARTNERSHIP
17 WITH INDIA.

20 fense, in consultation with the Secretary of State, shall
21 direct appropriate personnel within the Department of De-
22 fense to seek to engage appropriate counterparts within
23 the Ministry of Defence of India for the purpose of ex-
24 panding cooperation on emerging technologies, readiness,
25 and logistics.
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1 (b) TOPICS.—At a minimum, the personnel described
2 in subsection (a) shall seek to engage their counterparts
3 in the Ministry of Defense of India on the following topics:
4 (1) Intelligence collection capabilities.
5 (2) Unmanned aerial vehicles.
6 (3) Fourth and fifth generation aircraft.
7 (4) Depot-level maintenance.
8 (5) Joint research and development.
9 (6) Fifth generation wireless communication
10 and Open Radio Access Network technologies.
11 (7) Defensive cyber capabilities.
12 (8) Cold-weather capabilities.
13 (9) Critical and emerging technologies.
14 (10) Any other matters the Secretary considers
15 relevant.
16 (c) BRIEFING.—Not later than 180 days after the
18 shall provide a briefing to the appropriate committees of
19 Congress that includes—
20 (1) an assessment of the feasibility and advis-
21 ability of expanding cooperation with the Ministry of
22 Defence of India on the topics described in sub-
23 section (b);
24 (2) a description of other opportunities to ex-
25 pand cooperation with the Ministry of Defence of
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1153
1 India on topics other than the topics described in
2 such subsection;
3 (3) a description of any challenges, including
4 agreements, authorities, and resourcing, that need to
5 be addressed so as to expand cooperation with the
6 Ministry of Defence of India on the topics described
7 in such subsection;
8 (4) an articulation of security considerations to
9 ensure the protection of research and development,
10 intellectual property, and United States-provided
11 equipment from being stolen or exploited by adver-
12 saries;
13 (5) an identification of opportunities for aca-
14 demia and private industry to participate in ex-
15 panded cooperation with the Ministry of Defence of
16 India;
17 (6) a discussion of opportunities and challenges
18 related to reducing India’s reliance on Russian-built
19 weapons and defense systems; and
20 (7) any other matter the Secretary considers
21 relevant.
22 (d) APPROPRIATE COMMITTEES OF CONGRESS DE-
23 FINED.—In this section, the term ‘‘appropriate commit-
24 tees of Congress’’ means—
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1154
1 (1) the Committee on Armed Services, the
2 Committee on Appropriations, and the Committee on
3 Foreign Relations of the Senate; and
5 Committee on Appropriations, and the Committee on
6 Foreign Affairs of the House of Representatives.
7 SEC. 1261. PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN
8 DEFENSE LEADERS IN THE INDO-PACIFIC RE-
9 GION.
10 (a) IN GENERAL.—The Secretary of Defense may es-

11 tablish, using existing authorities of the Department of
12 Defense, a pilot program to enhance engagement of the
13 Department with young civilian defense and security lead-
14 ers in the Indo-Pacific region.
15 (b) PURPOSES.—The activities of the pilot program
16 under subsection (a) shall include training of, and engage-
17 ment with, young civilian leaders from foreign partner
18 ministries of defense and other appropriate ministries with
19 a national defense mission in the Indo-Pacific region for
20 purposes of—
21 (1) enhancing bilateral and multilateral co-
22 operation between—
23 (A) civilian leaders in the Department; and
24 (B) civilian leaders in foreign partner min-
25 istries of defense; and
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1155
1 (2) building the capacity of young civilian lead-
2 ers in foreign partner ministries of defense to pro-
3 mote civilian control of the military, respect for
4 human rights, and adherence to the law of armed
5 conflict.
6 (c) PRIORITY.—In carrying out the pilot program
7 under subsection (a), the Secretary of Defense shall
8 prioritize engagement with civilian defense leaders from
9 foreign partner ministries of defense who are 40 years of
10 age or younger.
11 (d) BRIEFINGS.—
12 (1) DESIGN OF PILOT PROGRAM.—Not later
13 than June 1, 2023, the Secretary of Defense, in con-
14 sultation with the Secretary of State, shall provide
15 a briefing to the appropriate committees of Congress
16 on the design of the pilot program under subsection
17 (a).
18 (2) PROGRESS BRIEFING.—Not later than De-
19 cember 31, 2023, and annually thereafter until the
20 date on which the pilot program terminates under
21 subsection (e), the Secretary of Defense, in consulta-
22 tion with the Secretary of State, shall provide a
23 briefing to the appropriate committees of Congress
24 on the pilot program that includes—
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1156
1 (A) a description of the activities con-
2 ducted and the results of such activities;
3 (B) an identification of existing authorities
4 used to carry out the pilot program;
5 (C) any recommendations related to new
6 authorities or modifications to existing authori-
7 ties necessary to more effectively achieve the
8 objectives of the pilot program; and
9 (D) any other matter the Secretary of De-
10 fense considers relevant.
11 (e) TERMINATION.—The pilot program under sub-
12 section (a) shall terminate on December 31, 2026.
13 (f) APPROPRIATE COMMITTEES OF CONGRESS DE-
14 FINED.—In this section, the term ‘‘appropriate commit-
15 tees of Congress’’ means—
20 resentatives.
21 SEC. 1262. REPORT ON BILATERAL AGREEMENTS SUP-
22 PORTING UNITED STATES MILITARY POS-
23 TURE IN THE INDO-PACIFIC REGION.

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1157
1 of Defense, in coordination with the Secretary of State,
2 shall submit to the appropriate congressional committees
3 a report on the adequacy of existing bilateral defense and
4 security agreements between the United States and for-
5 eign governments that support the existing and planned
6 military posture of the United States in the Indo-Pacific
7 region.
10 (1) An accounting of existing bilateral defense
11 and security agreements that support the military
12 posture of the United States in the Indo-Pacific re-
13 gion, by country and type.
14 (2) An articulation of the need for new bilateral
15 defense and security agreements, by country and
16 type, to support a more distributed United States
17 military posture in the Indo-Pacific region, as out-
18 lined by the Global Force Posture Review, including
19 agreements necessary—
20 (A) to establish new cooperative security
21 locations, forward operating locations, and
22 other locations in support of distributed oper-
23 ations; and
24 (B) to enable exercises and a more rota-
25 tional force presence.
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1158
1 (3) A description of the relative priority of the
2 agreements articulated under paragraph (2).
3 (4) Any specific request, financial or otherwise,
4 made by a foreign government or a Federal agency
5 other than the Department of Defense that com-
6 plicates the completion of such agreements.
7 (5) A description of Department activities
8 planned for the current and subsequent fiscal year
9 that are intended to contribute to the completion of
10 such agreements.
11 (6) A description of the manner in which the
12 necessity for such agreements is communicated to,
13 and coordinated with, the Secretary of State.
14 (7) Any other matter the Secretary of Defense
18 sional committees’’ means—
20 Committee on Foreign Relations, and the Committee
21 on Appropriations of the Senate; and
23 Committee on Foreign Affairs, and the Committee
24 on Appropriations of the House of Representatives.
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1 SEC. 1263. STATEMENT OF POLICY ON TAIWAN.
2 (a) STATEMENT OF POLICY.—Consistent with the

3 Taiwan Relations Act (22 U.S.C. 3301 et. seq.), it shall
4 be the policy of the United States to maintain the capacity
5 of the United States to resist a fait accompli that would
6 jeopardize the security of the people on Taiwan.
7 (b) FAIT ACCOMPLI DEFINED.—In this section, the
8 term ‘‘fait accompli’’ refers to the resort to force by the
9 People’s Republic of China to invade and seize control of
10 Taiwan before the United States can respond effectively.
11 SEC. 1264. SENSE OF CONGRESS ON JOINT EXERCISES
12 WITH TAIWAN.
13 It is the sense of Congress that—

14 (1) joint military exercises with Taiwan are an
15 important component of improving military readi-
16 ness;
17 (2) the Commander of United States Indo-Pa-
18 cific Command possesses the authority to carry out
19 such joint military exercises, including those that—
20 (A) involve multiple warfare domains and
21 exercise secure communications between the
22 forces of the United States, Taiwan, and other
23 foreign partners;
24 (B) incorporate the participation of mul-
25 tiple combatant and subordinate unified com-
26 mands; and
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1 (C) present complex military challenges,
2 including the multi-domain capabilities of a ca-
3 pable adversary;
4 (3) the United States should seek to use exist-
5 ing authorities more effectively to improve the readi-
6 ness of the military forces of the United States and
7 Taiwan; and
8 (4) the naval forces of Taiwan should be invited
9 to participate in the Rim of the Pacific exercise, as
10 appropriate, conducted in 2024.
11 SEC. 1265. SENSE OF CONGRESS ON DEFENSE ALLIANCES
12 AND PARTNERSHIPS IN THE INDO-PACIFIC
13 REGION.
14 It is the sense of Congress that the Secretary of De-

15 fense should continue efforts that strengthen United
16 States defense alliances and partnerships in the Indo-Pa-
17 cific region so as to further the comparative advantage of
18 the United States in strategic competition with the Peo-
19 ple’s Republic of China, including by—
20 (1) enhancing cooperation with Japan, con-
21 sistent with the Treaty of Mutual Cooperation and
22 Security Between the United States of America and
23 Japan, signed at Washington, January 19, 1960, in-
24 cluding by developing advanced military capabilities,
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1 fostering interoperability across all domains, and im-
2 proving sharing of information and intelligence;
3 (2) reinforcing the United States alliance with
4 the Republic of Korea, including by maintaining the
5 presence of approximately 28,500 members of the
6 United States Armed Forces deployed to the country
7 and affirming the United States commitment to ex-
8 tended deterrence using the full range of United
9 States defense capabilities, consistent with the Mu-
10 tual Defense Treaty Between the United States and
11 the Republic of Korea, signed at Washington, Octo-
12 ber 1, 1953, in support of the shared objective of a
13 peaceful and stable Korean Peninsula;
14 (3) fostering bilateral and multilateral coopera-
15 tion with Australia, consistent with the Security
16 Treaty Between Australia, New Zealand, and the
17 United States of America, signed at San Francisco,
18 September 1, 1951, and through the partnership
19 among Australia, the United Kingdom, and the
20 United States (commonly known as ‘‘AUKUS’’)—
21 (A) to advance shared security objectives;
22 (B) to accelerate the fielding of advanced
23 military capabilities; and
24 (C) to build the capacity of emerging part-
25 ners;
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1162
1 (4) advancing United States alliances with the
2 Philippines and Thailand and United States partner-
3 ships with other partners in the Association of
4 Southeast Asian Nations to enhance maritime do-
5 main awareness, promote sovereignty and territorial
6 integrity, leverage technology and promote innova-
7 tion, and support an open, inclusive, and rules-based
8 regional architecture;
9 (5) broadening United States engagement with
10 India, including through the Quadrilateral Security
11 Dialogue—
12 (A) to advance the shared objective of a
13 free and open Indo-Pacific region through bilat-
14 eral and multilateral engagements and partici-
15 pation in military exercises, expanded defense
16 trade, and collaboration on humanitarian aid
17 and disaster response; and
18 (B) to enable greater cooperation on mari-
19 time security and the threat of global
20 pandemics, including COVID–19;
21 (6) strengthening the United States partnership
22 with Taiwan, consistent with the Three Commu-
23 niques, the Taiwan Relations Act (Public Law 96–
24 8; 22 U.S.C. 3301 et seq.), and the Six Assurances,
25 with the goal of improving Taiwan’s defensive mili-
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1163
1 tary capabilities and promoting peaceful cross-strait
2 relations;
3 (7) reinforcing the status of the Republic of
4 Singapore as a Major Security Cooperation Partner
5 of the United States and continuing to strengthen
6 defense and security cooperation between the mili-
7 tary forces of the Republic of Singapore and the
8 Armed Forces of the United States, including
9 through participation in combined exercises and
10 training;
11 (8) engaging with the Federated States of Mi-
12 cronesia, the Republic of the Marshall Islands, the
13 Republic of Palau, and other Pacific Island coun-
14 tries, with the goal of strengthening regional secu-
15 rity and addressing issues of mutual concern, includ-
16 ing protecting fisheries from illegal, unreported, and
17 unregulated fishing;
18 (9) collaborating with Canada, the United
19 Kingdom, France, and other members of the Euro-
20 pean Union and the North Atlantic Treaty Organi-
21 zation to build connectivity and advance a shared vi-
22 sion for the region that is principled, long-term, and
23 anchored in democratic resilience; and
24 (10) investing in enhanced military posture and
25 capabilities in the area of responsibility of the
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1 United States Indo-Pacific Command, identified by
2 the Department of Defense as its priority theater,
3 and strengthening cooperation in bilateral relation-
4 ships, multilateral partnerships, and other inter-
5 national fora to uphold global security and shared
6 principles, with the goal of ensuring the maintenance
7 of a free and open Indo-Pacific region.
8 Subtitle F—Other Matters
9 SEC. 1271. NORTH ATLANTIC TREATY ORGANIZATION SPE-
10 CIAL OPERATIONS HEADQUARTERS.
11 (a) IN GENERAL.—Subchapter II of chapter 138 of

13 end the following new section 2350r:
14 ‘‘§ 2350r. North Atlantic Treaty Organization Special
15 Operations Headquarters
16 ‘‘(a) AUTHORIZATION.—Of the amounts authorized

17 to be appropriated for each fiscal year for operation and
18 maintenance for the Army, the Secretary of Defense is au-
19 thorized to use up to $50,000,000, to be derived from
20 amounts made available for support of North Atlantic
21 Treaty Organization (referred to in this section as
22 ‘NATO’) operations, for each such fiscal year for the pur-
23 poses set forth in subsection (b).
24 ‘‘(b) PURPOSES.—The Secretary shall provide funds
25 for the NATO Special Operations Headquarters—
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1165
1 ‘‘(1) to improve coordination and cooperation
2 between the special operations forces of NATO coun-
3 tries and countries approved by the North Atlantic
4 Council as NATO partners;
5 ‘‘(2) to facilitate joint operations by the special
6 operations forces of NATO countries and such
7 NATO partners;
8 ‘‘(3) to support special operations forces pecu-
9 liar command, control, and communications capabili-
10 ties;
11 ‘‘(4) to promote special operations forces intel-
12 ligence and informational requirements within the
13 NATO structure; and
14 ‘‘(5) to promote interoperability through the de-
15 velopment of common equipment standards, tactics,
16 techniques, and procedures, and through execution
17 of a multinational education and training program.’’.
19 at the beginning of subchapter II of chapter 138 of title
20 10, United States Code, is amended by adding at the end
‘‘2350r. North Atlantic Treaty Organization Special Operations Headquarters.’’.
22 (c) REPEAL.—Section 1244 of the National Defense

24 84; 123 Stat. 2541) is repealed.
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1 SEC. 1272. SENSE OF CONGRESS ON NATO AND UNITED
2 STATES DEFENSE POSTURE IN EUROPE.
3 It is the sense of Congress as follows:

4 (1) The Russian Federation’s further invasion
5 of Ukraine poses a grave threat to United States se-
6 curity and interests around the globe and to the
7 rules-based international order, including the North
8 Atlantic Treaty Organization (NATO).
9 (2) The Russian Federation has demonstrated
10 a complete disregard for the safety of civilians dur-
11 ing its unlawful and unprovoked invasion of
12 Ukraine, which has involved indiscriminate bombing
13 of civilian areas and executions of noncombatants.
14 (3) The United States stands with the people of
15 Ukraine and condemns the heinous acts committed
16 by the Russian Federation against them, and Con-
17 gress strongly supports continued assistance to
18 Ukraine to sustain its ability to repel Russian inva-
19 sion forces and continue to retake its sovereign terri-
20 tory.
21 (4) NATO remains the strongest and most suc-
22 cessful military alliance in the world, founded on a
23 commitment by its members to uphold the principles
24 of democracy, individual liberty, and the rule of law.
25 The NATO alliance has grown more robust and
26 more united in response to Russia’s 2022 further in-
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1 vasion of Ukraine, as allies have enhanced their de-
2 terrence and defense posture, and continued to send
3 military aid to bolster Ukraine’s defenses.
4 (5) The United States—
5 (A) strongly supports the path of Sweden
6 and Finland toward NATO membership, as evi-
7 denced by the overwhelming bipartisan Senate
8 vote providing advice and consent to the ratifi-
9 cation of the Protocols of the North Atlantic
10 Treaty of 1949 on the Accession of the Repub-
11 lic of Finland and the Kingdom of Sweden;
12 (B) urges all NATO allies who have not
13 ratified their accession to do so as soon as pos-
14 sible;
15 (C) reaffirms its ironclad commitment to
16 NATO as the foundation of transatlantic secu-
17 rity and to upholding its obligations under the
18 North Atlantic Treaty, including Article 5; and
19 (D) encourages NATO members to move
20 swiftly to meet their commitments made at the
21 June 2022 NATO Summit to expand NATO’s
22 multinational battle groups and enhance mili-
23 tary posture on NATO’s eastern flank, and to
24 urgently continue progress on meeting their
25 Wales Pledge commitments, capability targets,
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1 contributions to NATO missions and oper-
2 ations, and resilience commitments.
3 (6) America’s European allies and partners
4 have—
5 (A) made significant contributions to
6 Ukraine’s defense against the Russian invasion,
7 including critical military, economic, and hu-
8 manitarian aid, sanctions, and export controls,
9 to erode Russia’s ability to sustain its aggres-
10 sion; and
11 (B) welcomed millions of Ukrainian refu-
12 gees forced to flee their homeland.
13 (7) The United States must continue to work
14 with these allies and partners to sustain this sup-
15 port, to collectively reconstitute weapons stocks, and
16 to maintain unified resolve to reduce threats to crit-
17 ical infrastructure ranging from Russia’s
18 weaponization of energy to China’s predatory invest-
19 ments in transportation and telecommunications in-
20 frastructure.
21 (8) The United States should develop and im-
22 plement a long-term plan to adapt United States
23 posture in Europe to the altered threat environment.
24 The elevated United States posture currently in Eu-
25 rope is crucial in the current threat environment,
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1 and the United States posture changes announced
2 during the June 2022 NATO Summit are important
3 steps, including the establishment of the first perma-
4 nently stationed headquarters in Poland, the com-
5 mitment to maintain a rotational brigade combat
6 team and headquarters in Romania, enhanced rota-
7 tions to the Baltic countries, and the forward-sta-
8 tioning of two additional destroyers in Rota, Spain.
9 (9) European Deterrence Initiative (EDI) in-
10 vestments have proven crucial to United States and
11 NATO abilities to rapidly reinforce the European
12 theater leading up to and during Russia’s further in-
13 vasion of Ukraine. The United States should con-
14 tinue robust investments through EDI, including
15 further enhancing United States posture in Europe
16 and maintaining a committed schedule of exercises
17 with allies.
18 (10) The Black Sea is critical to United States
19 interests and to the security of NATO in the region,
20 given Russia’s unprovoked and unjustified war in
21 Ukraine and Russia’s attempts to directly intimi-
22 date, coerce, and otherwise influence countries in
23 this region. These allies’ and partners’ security will
24 have major consequences for broader European secu-
25 rity and collective efforts to enhance Black Sea
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1 countries’ defense and resilience capabilities are es-
2 sential. In addition, the United States and NATO
3 should consider adopting robust intergovernmental
4 and interagency strategies for the Black Sea, to fa-
5 cilitate further collaboration among all countries in
6 the region.
7 (11) Estonia, Latvia, and Lithuania play a crit-
8 ical role in strategic efforts to continue to deter Rus-
9 sia.
10 (12) The United States should continue to pur-
11 sue efforts consistent with the comprehensive, multi-
12 lateral Baltic Defense Assessment conducted by the
13 Department of Defense. Robust support to accom-
14 plish United States strategic objectives, including by
15 providing continued assistance to the Baltic coun-
16 tries through security cooperation, including co-
17 operation referred to as the Baltic Security Initiative
18 pursuant to sections 332 and 333 of title 10, United
19 States Code, should continue to be prioritized in the
20 years to come. Specifically, such assistance should
21 include the continuation of—
22 (A) enhancements to critical capabilities
23 that will strengthen Baltic security as well as
24 strengthen NATO’s deterrence and defense pos-
25 ture, including integrated air and missile de-
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1171
1 fense, maritime domain awareness, long-range
2 precision fires, and command and control;
3 (B) efforts to enhance interoperability
4 among Estonia, Latvia, and Lithuania and with
5 NATO;
6 (C) infrastructure and other host-country
7 support improvements that will enhance United
8 States and allied military mobility across the
9 region;
10 (D) efforts to improve resilience to hybrid
11 and cyber threats in Estonia, Latvia, and Lith-
12 uania; and
13 (E) support for planning and budgeting ef-
14 forts of Estonia, Latvia, and Lithuania that are
15 regionally synchronized.
16 (13) It is in the United States interest to sup-
17 port efforts to enhance security and stability in the
18 Western Balkans. The United States should con-
19 tinue its efforts to work with Western Balkans allies
20 and partners to build interoperability and support
21 institutional reforms. The United States should also
22 support those countries’ efforts to resist
23 disinformation campaigns, predatory investments,
24 and other means by which Russia and China may
25 seek to influence this region.
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1 (14) The United States should continue to work
2 closely with European allies and partners to counter
3 growing malign activities by the People’s Republic of
4 China across Europe, in the Indo-Pacific, and be-
5 yond.
6 SEC. 1273. REPORT ON FIFTH FLEET CAPABILITIES UP-
7 GRADES.

11 port on—
12 (1) capabilities upgrades necessary to enable
13 the Fifth Fleet to address emerging threats in its
14 area of responsibility; and
15 (2) any costs associated with such upgrades.
18 (1) An assessment of seaborne threats posed by
19 Iran, and groups linked to Iran, to the military
20 forces of United States allies and partners operating
21 in the waters in and around the broader Middle
22 East.
23 (2) A description of any capabilities upgrades
24 necessary to enable the Fifth Fleet to address such
25 threats.
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1 (3) An estimate of the costs associated with any
2 such upgrades.
3 (4) A description of any United States plan to
4 deepen cooperation with other member countries of
5 the Combined Maritime Forces at the strategic, pol-
6 icy, and functional levels for the purpose of address-
7 ing such threats, including by—
8 (A) enhancing coordination on defense
9 planning;
10 (B) improving intelligence sharing; and
11 (C) deepening maritime interoperability.
12 (c) BROADER MIDDLE EAST DEFINED.—In this sec-
13 tion, the term ‘‘broader Middle East’’ means—
14 (1) the land around the southern and eastern
15 shores of the Mediterranean Sea;
16 (2) the Arabian Peninsula;
17 (3) Iran; and
18 (4) North Africa.
19 SEC. 1274. REPORT ON USE OF SOCIAL MEDIA BY FOREIGN
20 TERRORIST ORGANIZATIONS.

22 of the enactment of this Act, the Director of National In-
23 telligence, in coordination with the Secretary of State and
24 the Secretary of Defense, shall submit to the appropriate
25 congressional committees a report on—
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1174
1 (1) the use of online social media platforms by
2 entities designated as foreign terrorist organizations
3 by the Secretary of State for recruitment, fund-
4 raising, and the dissemination of information; and
5 (2) the threat posed to the national security of
6 the United States by the online radicalization of ter-
7 rorists and violent extremists with ties to foreign
8 governments or elements thereof, foreign organiza-
9 tions, or foreign persons, or international terrorist
10 activities.
11 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.—
12 In this section, the term ‘‘appropriate congressional com-
15 Committee on Foreign Affairs, and the Permanent
16 Select Committee on Intelligence of the House of
17 Representatives; and
19 Committee on Foreign Relations, and the Select
20 Committee on Intelligence of the Senate.
21 SEC. 1275. REPORT AND FEASIBILITY STUDY ON COLLABO-
22 RATION TO MEET SHARED NATIONAL SECU-
23 RITY INTERESTS IN EAST AFRICA.
24 (a) REPORT ON FOREIGN ASSISTANCE AND OTHER

25 ACTIVITIES IN SOMALILAND.—
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1175
1 (1) DEFINED TERM.—In this subsection, the
2 term ‘‘appropriate congressional committees’’
3 means—
4 (A) the Committee on Foreign Relations of
5 the Senate; and
6 (B) the Committee on Foreign Affairs of
8 (2) REPORT.—
9 (A) IN GENERAL.—Not later than Sep-
10 tember 30, 2023, and annually thereafter until
11 the date that is 5 years after the date of the
12 enactment of this Act, the Secretary of State,
13 in consultation with the Administrator of the
14 United States Agency for International Devel-
15 opment, shall submit to the appropriate con-
16 gressional committees a report that, with re-
17 spect to the most recently concluded 12-month
18 period—
19 (i) describes assistance provided by
20 the Department of State and the United
21 States Agency for International Develop-
22 ment to Somaliland, including—
23 (I) the value of such assistance
24 (in United States dollars);
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1176
1 (II) the source from which such
2 assistance was funded;
3 (III) the names of the programs
4 through which such assistance was
5 administered;
6 (IV) the implementing partners
7 through which such assistance was
8 provided;
9 (V) the sponsoring bureau of the
10 Department of State or the United
11 States Agency for International Devel-
12 opment; and
13 (VI) if the assistance broadly tar-
14 geted the Federal Republic of Soma-
15 lia, the portion of such assistance that
16 was—
17 (aa) explicitly intended to
18 support Somaliland; and
19 (bb) ultimately employed in
20 Somaliland;
21 (ii) details the staffing and respon-
22 sibilities of the Department of State and
23 the United States Agency for International
24 Development supporting foreign assistance,
25 diplomatic engagement, and security initia-
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1 tives in Somaliland, including the location
2 of such personnel (duty station) and their
3 corresponding bureau;
4 (iii) provides—
5 (I) a detailed account of travel to
6 Somaliland by employees of the De-
7 partment of State and the United
8 States Agency for International Devel-
9 opment, if any, including the position,
10 duty station, and trip purpose for
11 each such trip; or
12 (II) the justification for not trav-
13 eling to Somaliland if no such per-
14 sonnel traveled during the reporting
15 period; and
16 (iv) if the Department of State has
17 provided training to security forces of the
18 Federal Member States (FMS), and
19 Somaliland, including—
20 (I) where such training has oc-
21 curred;
22 (II) the extent to which FMS
23 and Somaliland security forces have
24 demonstrated the ability to absorb
25 previous training; and
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1 (III) the ability of FMS and
2 Somaliland security forces to maintain
3 and appropriately utilize such train-
4 ing, as applicable.
7 sified form, but may contain a classified annex.
8 (b) FEASIBILITY STUDY.—
9 (1) DEFINED TERM.—In this subsection, the
10 term ‘‘appropriate congressional committees’’
11 means—
12 (A) the Committee on Foreign Relations
13 and the Committee on Armed Services of the
14 Senate; and
15 (B) the Committee on Foreign Affairs and
16 the Committee on Armed Services of the House
18 (2) FEASIBILITY STUDY.—The Secretary of
19 State, in consultation with the Secretary of Defense,
20 shall conduct a feasibility study that—
21 (A) determines whether opportunities exist
22 for greater collaboration in the pursuit of
23 United States national security interests in the
24 Horn of Africa, the Gulf of Aden, and the Indo-
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1 Pacific region with the Federal Government of
2 Somalia and Somaliland; and
3 (B) identifies the practicability and advis-
4 ability of improving the professionalization and
5 capacity of security sector actors within the
6 Federal Member States (FMS) and Somaliland.
8 June 15, 2023, the Secretary of State, in consulta-
9 tion with the Secretary of Defense and the heads of
10 other relevant Federal departments and agencies,
11 shall submit a classified report to the appropriate
12 congressional committees that contains the results of
13 the feasibility study required under paragraph (2).
14 (c) RULE OF CONSTRUCTION.—Nothing in this Act,
15 including the reporting requirement under subsection (a)
16 and the conduct of the feasibility study under subsection
17 (b), may be construed to convey United States recognition
18 of Somalia’s FMS or Somaliland as an independent entity.
19 SEC. 1276. ASSESSMENT OF CHALLENGES TO IMPLEMENTA-
20 TION OF THE PARTNERSHIP AMONG AUS-
21 TRALIA, THE UNITED KINGDOM, AND THE
22 UNITED STATES.

24 seek to enter into an agreement with a federally funded
25 research and development center for the conduct of an
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1 independent assessment of resourcing, policy, and process
2 challenges to implementing the partnership among Aus-
3 tralia, the United Kingdom, and United States (commonly
4 known as the ‘‘AUKUS partnership’’) announced on Sep-
5 tember 21, 2021.
6 (b) MATTERS TO BE CONSIDERED.—In conducting
7 the assessment required by subsection (a), the federally
8 funded research and development center shall consider the
9 following with respect to each of Australia, the United
10 Kingdom, and the United States:
11 (1) Potential resourcing and personnel short-
12 falls.
13 (2) Information sharing, including foreign dis-
14 closure policy and processes.
15 (3) Statutory, regulatory, and other policies and
16 processes.
17 (4) Intellectual property, including patents.
18 (5) Export controls, including technology trans-
19 fer and protection.
20 (6) Security protocols and practices, including
21 personnel, operational, physical, facility, cybersecu-
22 rity, counterintelligence, marking and classifying in-
23 formation, and handling and transmission of classi-
24 fied material.
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1 (7) Industrial base implications specifically in-
2 cluding options to expand the United States sub-
3 marine and nuclear power industrial base to meet
4 United States and Australia requirements.
5 (8) Alternatives that would significantly accel-
6 erate Australia’s national security, including—
7 (A) interim submarine options to include
8 leasing or conveyance of legacy United States
9 submarines for Australia’s use; or
10 (B) the conveyance of B-21 bombers.
11 (9) Any other matter the Secretary considers
12 appropriate.
13 (c) RECOMMENDATIONS.—The federally funded re-
14 search and development center selected to conduct the as-
15 sessment under this section shall include, as part of such
16 assessment, recommendations for improvements to
17 resourcing, policy, and process challenges to implementing
18 the AUKUS partnership.
19 (d) REPORT.—
20 (1) IN GENERAL.—Not later than January 1,
21 2024, the Secretary shall submit to the congres-
22 sional defense committees, the Committee on For-
23 eign Relations of the Senate, and the Committee on
24 Foreign Affairs of the House of Representatives a
25 report that includes an unaltered copy of such as-
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1 sessment, together with the views of the Secretary
2 on the assessment and on the recommendations in-
3 cluded in the assessment pursuant to subsection (c).
4 (2) FORM OF REPORT.—The report required by
6 form but may contain a classified annex.
7 SEC. 1277. MODIFICATION AND EXTENSION OF UNITED
8 STATES-ISRAEL COOPERATION TO COUNTER
9 UNMANNED AERIAL SYSTEMS.
10 (a) AUTHORITY TO ESTABLISH CAPABILITIES TO
11 COUNTER UNMANNED AERIAL SYSTEMS.—Subsection

12 (a)(1) of section 1278 of the National Defense Authoriza-
14 Stat. 1702; 22 U.S.C. 8606 note) is amended in the first
15 sentence by inserting after ‘‘to establish capabilities for
16 countering unmanned aerial systems’’ the following ‘‘, in-
17 cluding directed energy capabilities,’’.
18 (b) SUPPORT IN CONNECTION WITH THE PRO-
19 GRAM.—Subsection (b) of such section is amended—
20 (1) in paragraph (3)(B), by inserting at the end
21 before the period the following: ‘‘, including directed
22 energy capabilities’’; and
23 (2) in paragraph (4), by striking
24 ‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’.
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1 (c) SUNSET.—Subsection (f) of such section is
3 ‘‘December 31, 2026’’.
4 SEC. 1278. SENSE OF CONGRESS AND BRIEFING ON MULTI-
5 NATIONAL FORCE AND OBSERVERS.

7 gress that—
8 (1) the Multinational Force and Observers has
9 helped strengthen stability and kept the peace in
10 Sinai Peninsula; and
11 (2) the United States should continue to main-
12 tain its strong support for the Multinational Force
13 and Observers.
14 (b) BRIEFING.—Not later than 60 days before the
15 implementation of any plan to move a Multinational Force
16 and Observer site, the Secretary of Defense shall brief the
17 Committee on Armed Services and the Committee on For-
18 eign Affairs of the House of Representatives and the Com-
19 mittee on Armed Services and the Committee on Foreign
20 Relations of the Senate on the resulting impacts of such
21 plan on existing security arrangements between Israel and
22 Egypt.
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1 SEC. 1279. BRIEFING ON DEPARTMENT OF DEFENSE PRO-
2 GRAM TO PROTECT UNITED STATES STU-
3 DENTS AGAINST FOREIGN AGENTS.
5 ment of this Act, the Secretary of Defense shall provide
6 a briefing to the Committee on Armed Services of the Sen-
7 ate and the Committee on Armed Services of the House
8 of Representatives on the program described in section
10 Year 2018 (Public Law 115–91), including an assessment
11 on whether the program is beneficial to students interning,
12 working part time, or in a program that will result in em-
13 ployment post-graduation with Department of Defense
14 components and contractors.
15 TITLE XIV—OTHER
16 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—National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Modification of acquisition authority under Strategic and Critical
Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged conflict.
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Sec. 1421. Authority for transfer of funds to joint Department of Defense-De-
partment of Veterans Affairs Medical Facility Demonstration
Fund for Captain James A. Lovell Health Care Center, Illi-
nois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
1 Subtitle A—Military Programs

2 SEC. 1401. WORKING CAPITAL FUNDS.

4 fiscal year 2023 for the use of the Armed Forces and other
5 activities and agencies of the Department of Defense for
6 providing capital for working capital and revolving funds,
7 as specified in the funding table in section 4501.
8 SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC-
9 TION, DEFENSE.

11 are hereby authorized to be appropriated for the Depart-
12 ment of Defense for fiscal year 2023 for expenses, not oth-
13 erwise provided for, for Chemical Agents and Munitions
14 Destruction, Defense, as specified in the funding table in
15 section 4501.
16 (b) USE.—Amounts authorized to be appropriated
17 under subsection (a) are authorized for—
18 (1) the destruction of lethal chemical agents
19 and munitions in accordance with section 1412 of
20 the Department of Defense Authorization Act, 1986
21 (50 U.S.C. 1521); and
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1 (2) the destruction of chemical warfare materiel
2 of the United States that is not covered by section
3 1412 of such Act.
4 SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC-
5 TIVITIES, DEFENSE-WIDE.

7 the Department of Defense for fiscal year 2023 for ex-
8 penses, not otherwise provided for, for Drug Interdiction
9 and Counter-Drug Activities, Defense-wide, as specified in
10 the funding table in section 4501.
11 SEC. 1404. DEFENSE INSPECTOR GENERAL.

13 the Department of Defense for fiscal year 2023 for ex-
14 penses, not otherwise provided for, for the Office of the
15 Inspector General of the Department of Defense, as speci-
16 fied in the funding table in section 4501.
17 SEC. 1405. DEFENSE HEALTH PROGRAM.

19 fiscal year 2023 for the Defense Health Program for use
20 of the Armed Forces and other activities and agencies of
21 the Department of Defense for providing for the health
22 of eligible beneficiaries, as specified in the funding table
23 in section 4501.
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1 Subtitle B—National Defense
2 Stockpile
3 SEC. 1411. REFORM OF THE STRATEGIC AND CRITICAL MA-
4 TERIALS STOCK PILING ACT.
5 (a) REPEAL OF STRATEGIC MATERIALS PROTECTION

6 BOARD.—Section 187 of title 10, United States Code, is
7 repealed.
8 (b) STRATEGIC AND CRITICAL MATERIALS BOARD OF
9 DIRECTORS.—Section 10 of the Strategic and Critical Ma-
10 terials Stock Piling Act (50 U.S.C. 98h-1) is amended to
11 read as follows:
12 ‘‘SEC. 10. STRATEGIC AND CRITICAL MATERIALS BOARD OF
13 DIRECTORS.
14 ‘‘(a) ESTABLISHMENT.—There is established a Stra-

15 tegic and Critical Materials Board of Directors (in this
16 Act referred to as the ‘Board’).
17 ‘‘(b) MEMBERS.—The Board shall be composed, at
18 a minimum, of the following:
19 ‘‘(1) The Assistant Secretary of Defense for In-
20 dustrial Base Policy, who shall serve as chairman of
21 the Board.
22 ‘‘(2) One designee of each of the Secretary of
23 Commerce, the Secretary of State, the Secretary of
24 Energy, and the Secretary of the Interior.
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1 ‘‘(3) One designee of each of the Chairman and
2 Ranking Member of the Readiness Subcommittee of
3 the House Committee on Armed Services.
4 ‘‘(4) One designee of each of the Chairman and
5 Ranking Member of the Readiness Subcommittee of
6 the Senate Committee on Armed Services.
7 ‘‘(5) Four designees of the chairman of the
8 Board, who shall have expertise relating to military
9 affairs, defense procurement, production of strategic
10 and critical materials, finance, or any other dis-
11 ciplines deemed necessary by the chairman to con-
12 duct the business of the Board.
13 ‘‘(c) DUTIES OF THE BOARD.—In addition to other
14 matters assigned to it by the chairman, the Board shall
15 conduct the following, without power of delegation:
16 ‘‘(1) Adopt by-laws that ensure sufficient over-
17 sight, governance, and effectiveness of the National
18 Defense Stockpile program.
19 ‘‘(2) Elect or remove Board members.
20 ‘‘(3) Advise the National Defense Stockpile
21 Manager.
22 ‘‘(4) Establish performance metrics and con-
23 duct an annual performance review of the National
24 Defense Stockpile Manager.
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1 ‘‘(5) Set compensation for the National Defense
2 Stockpile Manager.
3 ‘‘(6) Review and approve the annual budget of
4 the National Defense Stockpile program and conduct
5 appropriate reviews of annual financial statements.
6 ‘‘(7) Re-allocate budget resources within the an-
7 nual budget of the National Defense Stockpile pro-
8 gram.
9 ‘‘(8) Review and approve the Annual Materials
10 and Operations Plan required by section 11(a)(2) of
11 this Act, including a review of the projected domes-
12 tic and foreign economic effects of proposed actions
13 to be taken under the Annual Materials and Oper-
14 ations Plan.
15 ‘‘(9) Complete and submit the annual Board
16 Report, in accordance with section 11(b)(2) of this
17 Act.
18 ‘‘(10) Recommend to the Secretary of De-
19 fense—
20 ‘‘(A) a strategy to ensure a secure supply
21 of materials designated as critical to national
22 security; and
23 ‘‘(B) such other strategies as the Board
24 considers appropriate to strengthen the indus-
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1 trial base with respect to materials critical to
2 national security.
3 ‘‘(d) BOARD MEETINGS.—The Board shall meet as
4 determined necessary by the chairman but not less fre-
5 quently than once every year to fulfill the duties described
6 in subsection (c).
7 ‘‘(e) APPLICATION OF FEDERAL ADVISORY COM-
8 MITTEE ACT.—Section 14 of the Federal Advisory Com-
9 mittee Act (5 U.S.C. App.) shall not apply to the Board.
11 ‘‘(1) MATERIALS CRITICAL TO NATIONAL SECU-
12 RITY.—The term ‘materials critical to national secu-

13 rity’ means materials—
14 ‘‘(A) upon which the production or
15 sustainment of military equipment is depend-
16 ent; and
17 ‘‘(B) the supply of which could be re-
18 stricted by actions or events outside the control
19 of the Government of the United States.
20 ‘‘(2) MILITARY EQUIPMENT.—The term ‘mili-
21 tary equipment’ means equipment used directly by
22 the Armed Forces to carry out military operations.
23 ‘‘(3) SECURE SUPPLY.—The term ‘secure sup-
24 ply’, with respect to a material, means the avail-
25 ability of a source or sources for the material, in-
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1191
1 cluding the full supply chain for the material and
2 components containing the material.’’.
3 (c) REPORTS.—Section 11 of such Act (50 U.S.C.
4 98h-2) is amended to read as follows:
5 ‘‘SEC. 11. REPORTS.
6 ‘‘(a) REPORTS TO THE BOARD.—The National De-

7 fense Stockpile Manager shall submit to the Board the fol-
8 lowing:
9 ‘‘(1) Not later than 40 calendar days after the
10 last day of each of the first three fiscal quarters in
11 each fiscal year, unaudited financial statements and
12 a Manager’s Discussion and Analysis for the imme-
13 diately preceding fiscal quarter.
14 ‘‘(2) Not later than 60 calendar days after the
15 conclusion of the fourth quarter of each fiscal year—
16 ‘‘(A) audited financial statements and a
17 Manager’s Discussion and Analysis for the im-
18 mediately preceding fiscal year; and
19 ‘‘(B) an Annual Materials and Operations
20 Plan for the forthcoming year.
21 ‘‘(b) REPORTS TO CONGRESS.—
22 ‘‘(1) REPORTS BY NATIONAL DEFENSE STOCK-
23 PILE MANAGE.—Not later than 90 days after the

24 conclusion of the fourth quarter of each fiscal year,
25 the National Defense Stockpile Manager shall sub-
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1 mit to the congressional defense committees (as de-
2 fined in section 101(a) of title 10, United States
3 Code) a report that shall include—
4 ‘‘(A) information with respect to foreign
5 and domestic purchases of materials for the
6 stockpile during the preceding fiscal year;
7 ‘‘(B) information with respect to the acqui-
8 sition and disposal of materials under this Act
9 by barter, during such fiscal year;
10 ‘‘(C) information with respect to the activi-
11 ties by the National Defense Stockpile Manager
12 to encourage the conservation, substitution, and
13 development of strategic and critical materials;
14 ‘‘(D) information with respect to the re-
15 search and development activities conducted
16 under section 8 of this Act;
17 ‘‘(E) audited annual financial statements
18 for the Strategic and Critical Materials Fund;
19 ‘‘(F) other pertinent information on the
20 administration of this Act as will enable the
21 Congress to evaluate the effectiveness of the
22 program;
23 ‘‘(G) details of all planned expenditures
24 from the Strategic and Critical Materials Fund
25 over the Future Years’ Defense Program and
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1 anticipated receipts from proposed disposals of
2 stockpile materials; and
3 ‘‘(H) the report required by paragraph (2).
4 ‘‘(2) REPORT BY THE BOARD.—The Board
5 shall prepare a written report to accompany the re-
6 port required by paragraph (1) which shall include—
7 ‘‘(A) the activities of the Board to carry
8 out the duties listed in section 10(c) of this Act;
9 and
10 ‘‘(B) the most recent Annual Materials
11 and Operations Plan submitted under sub-
12 section (a)(2)(B).’’.
13 (d) CONFORMING AMENDMENTS.—
14 (1) STRATEGIC AND CRITICAL MATERIALS
15 STOCK PILING ACT.—The Strategic and Critical Ma-

16 terials Stock Piling Act (50 U.S.C. 98 et seq.) is
17 amended—
18 (A) in section 5(a)(2)—
19 (i) by striking ‘‘certain stockpile
20 transactions’’ and all that follows through
21 ‘‘submitted the President proposes’’; and
22 (ii) by striking ‘‘any such transaction’’
23 and inserting the following: ‘‘any stockpile
24 transactions proposed in the Annual Mate-
25 rials and Operations Plan for such fiscal
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1194
1 year after the Board submits the report
2 under section 11(b)(2) containing such
3 plan’’; and
4 (B) in section 15—
5 (i) in subsection (c)(1), by striking
6 ‘‘annual materials plan’’ and inserting
7 ‘‘Annual Materials and Operations Plan’’;
8 and
9 (ii) in subsection (e)—
10 (I) by inserting ‘‘, acting through
11 the National Defense Stockpile Man-
12 ager,’’ after ‘‘The President’’; and
13 (II) by striking ‘‘section 11(a)’’
14 and inserting ‘‘section 11(b)(1)’’.
15 (2) TITLE 10.—Title 10 of the United States
16 Code is amended—
17 (A) in section 4863(g), by striking ‘‘Stra-
18 tegic Materials Protection Board pursuant to
19 section 187 of this title’’ and inserting ‘‘Stra-
20 tegic and Critical Materials Board of Directors
21 pursuant to section 10 of the Strategic and
22 Critical Materials Stock Piling Act (50 U.S.C.
23 98h-1)’’; and
24 (B) in section 4872(c)(3)(B), by striking ‘‘
25 Strategic Materials Protection Board pursuant
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1195
1 to section 187 of this title’’ and inserting
2 ‘‘Strategic and Critical Materials Board of Di-
3 rectors pursuant to section 10 of the Strategic
4 and Critical Materials Stock Piling Act (50
5 U.S.C. 98h-1)’’.
6 SEC. 1412. MODIFICATION OF ACQUISITION AUTHORITY
7 UNDER STRATEGIC AND CRITICAL MATE-
8 RIALS STOCK PILING ACT.
9 (a) IN GENERAL.—Section 5 of the Strategic and

10 Critical Materials Stock Piling Act (50 U.S.C. 98d) is
11 amended—
14 (i) in the first sentence, by inserting
15 ‘‘under the authority of paragraph (3) of
16 this section or’’ after ‘‘Except for acquisi-
17 tions made’’; and
18 (ii) in the second sentence, by striking
19 ‘‘for such acquisition’’ and inserting ‘‘for
20 any acquisition of materials under this
21 Act’’; and
23 ‘‘(3) Using funds appropriated for acquisition of ma-
24 terials under this Act, the National Defense Stockpile
25 Manager may acquire materials determined to be strategic
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1196
1 and critical under section 3(a) without regard to the re-
2 quirement of the first sentence of paragraph (1) if the
3 Stockpile Manager determines there is a shortfall of such
4 materials in the stockpile.’’; and
5 (2) in subsection (c), by striking ‘‘to carry out
6 the purposes for which appropriated for a period of
7 two fiscal years, if so provided in appropriation
8 Acts’’ and inserting ‘‘until expended, unless other-
9 wise provided in appropriations Acts’’.
10 (b) INCREASE IN QUANTITIES OF MATERIALS TO BE
11 STOCKPILED.—Section 3(c)(2) of the Strategic and Crit-
12 ical Materials Stock Piling Act (50 U.S.C. 98b(c)(2)) is
13 amended—
14 (1) by amending the first sentence to read as
15 follows: ‘‘The President shall notify Congress in
16 writing of any increase proposed to be made in the
17 quantity of any material to be stockpiled that in-
18 volves the acquisition of additional materials for the
19 stockpile.’’;
20 (2) in the second sentence, by striking ‘‘the
21 change after the end of the 45-day period’’ and in-
22 serting ‘‘the increase after the end of the 30-day pe-
23 riod’’; and
24 (3) in the third sentence, by striking ‘‘change’’
25 and inserting ‘‘increase’’.
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1 SEC. 1413. BRIEFINGS ON SHORTFALLS IN NATIONAL DE-
2 FENSE STOCKPILE.
3 Section 14 of the Strategic and Critical Materials

4 Stock Piling Act (50 U.S.C. 98h–5) is amended by adding
6 ‘‘(f)(1) Not later than March 1 each year, the Na-
7 tional Defense Stockpile Manager shall provide to the con-
8 gressional defense committees a briefing on strategic and
9 critical materials that—
10 ‘‘(A) are determined to be in shortfall in the
11 most recent report on stockpile requirements sub-
12 mitted under subsection (a); and
13 ‘‘(B) the acquisition or disposal of which is in-
14 cluded in the Annual Materials and Operations Plan
15 for the operation of the stockpile during the next fis-
16 cal year submitted under section 11(b).
17 ‘‘(2) Each briefing required by paragraph (1) shall
18 include—
19 ‘‘(A) a description of each material described in
20 that paragraph, including the objective to be
21 achieved if funding is provided, in whole or in part,
22 for the acquisition of the material to remedy the
23 shortfall;
24 ‘‘(B) an estimate of additional amounts re-
25 quired to provide such funding, if any; and
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1 ‘‘(C) an assessment of the supply chain for each
2 such material, including any assessment of any rel-
3 evant risk in any such supply chain.’’.
4 SEC. 1414. AUTHORITY TO ACQUIRE MATERIALS FOR THE
5 NATIONAL DEFENSE STOCKPILE.
6 (a) ACQUISITION AUTHORITY.—Of the funds appro-

7 priated into the National Defense Stockpile Transaction
8 Fund pursuant to the authorization of appropriations
9 under subsection (c), the National Defense Stockpile Man-
10 ager may use up to $1,003,500,000 for acquisition of the
11 following materials determined to be strategic and critical
12 materials required to meet the defense, industrial, and es-
13 sential civilian needs of the United States:
14 (1) Neodymium oxide, praseodymium oxide, and
15 neodymium iron boron (NdFeB) magnet block.
16 (2) Titanium.
17 (3) Energetic materials.
18 (4) Iso-molded graphite.
19 (5) Grain-oriented electric steel.
20 (6) Tire cord steel.
21 (7) Cadmium zinc telluride.
22 (8) Any additional materials identified as stock-
23 pile requirements in the most recent report sub-
24 mitted to Congress under section 14 of the Strategic
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1199
1 and Critical Materials Stock Piling Act (50 U.S.C.
2 98h–5).
3 (b) FISCAL YEAR LIMITATION.—The authority under
4 subsection (a) is available for purchases during fiscal
5 years 2023 through 2032.
6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
7 authorized to be appropriated to the National Defense
8 Stockpile Transaction Fund $1,003,500,000 for the acqui-
9 sition of strategic and critical materials under section 6(a)
10 of the Strategic and Critical Materials Stock Piling Act
11 (50 U.S.C. 98e(a)).
12 (d) COMPLIANCE WITH STRATEGIC AND CRITICAL
13 MATERIALS STOCK PILING ACT.—Any acquisition using
14 funds appropriated pursuant to the authorization of ap-
15 propriations under subsection (c) shall be carried out in
16 accordance with the provisions of the Strategic and Crit-
17 ical Materials Stock Piling Act (50 U.S.C. 98 et seq.).
18 SEC. 1415. DEPARTMENT OF DEFENSE READINESS TO SUP-
19 PORT PROLONGED CONFLICT.
20 (a) STUDIES REQUIRED.—

21 (1) IN GENERAL.—For each report required by
22 section 14(a) of the Strategic and Critical Materials
23 Stock Piling Act (50 U.S.C. 98h-5(a)), the National
24 Defense Stockpile Manager shall—
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1200
1 (A) conduct a study on the strategic mate-
2 rials required by the Department of Defense to
3 sustain combat operations for not less than one
4 year against the pacing threat identified in the
5 National Defense Strategy; and
6 (B) not later than January 15, 2024, sub-
7 mit to the congressional defense committees a
8 report on such study in a classified form with
9 an unclassified summary.
10 (2) ENERGY STORAGE AND ELECTRONIC COM-
11 PONENTS.—
12 (A) IN GENERAL.—The Under Secretary of

13 Defense for Acquisition and Sustainment shall
14 conduct a study of the energy storage and elec-
15 tronic components necessary to sustain combat
16 operations for not less than one year against
17 the pacing threat identified in the National De-
18 fense Strategy.
19 (B) REPORT.——
20 (i) IN GENERAL.—Not later than Jan-
21 uary 15, 2024, the Under Secretary of De-
22 fense for Acquisition and Sustainment
23 shall submit to the congressional defense
24 committees a report on the study required
25 under subparagraph (A).
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1 (ii) FORM.—The report required by
2 clause (i) shall be submitted in an unclassi-
3 fied form but may contain a classified
4 annex.
5 (iii) ELEMENTS.—The report required
6 by clause (i) shall include the following:
7 (I) A description of the specific
8 number and type of energy storage
9 and electronic components that the
10 Department of Defense requires for
11 the manufacture of munitions, combat
12 support items, and weapon systems to
13 sustain combat operations.
14 (II) A description of the specific
15 number and type of energy storage
16 and electronic components that the
17 Department of Defense requires to re-
18 plenish or replace munitions, combat
19 support items, and weapon systems
20 that are lost or expended during the
21 execution and sustainment of the rel-
22 evant operational plan.
23 (III) A description of supply
24 chain vulnerabilities during the
25 sustainment and execution period,
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1 such as sole sources of supply, war
2 damage, and shipping interdiction.
3 (IV) A description of supply
4 chain vulnerabilities prior to the
5 sustainment and execution period and
6 the replenishment and replacement
7 period, such as reliance on sole
8 sources of supply, geographic prox-
9 imity to strategic competitors, and di-
10 minishing manufacturing sources.
11 (V) An identification of alter-
12 native sources of supply for energy
13 and electronics components that are
14 domestic or are from allies or partners
16 (VI) An assessment of the tech-
17 nical and economic feasibility of the
18 preparedness and response programs
19 of the Department of Defense, such
20 as the National Defense Stockpile, the
21 Warstopper program, war reserves
22 and pre-positioned stocks, contract op-
23 tions, or other methods to mitigate
24 postulated shortfalls to Department of
25 Defense requirements.
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1 (VII) Any other such elements
2 deemed appropriate by the Under Sec-
3 retary of Defense for Acquisition and
4 Sustainment.
5 (C) ENERGY STORAGE AND ELECTRONIC
6 COMPONENT DEFINED.—In this paragraph, the

7 term ‘‘energy storage and electronic compo-
8 nent’’ includes—
9 (i) an item that operates by control-
10 ling the flow of electrons or other elec-
11 trically charged particles in circuits, using
12 interconnections of electrical devices such
13 as resistors, inductors, capacitors, diodes,
14 switches, transistors, or integrated circuits;
15 and
16 (ii) battery cells, battery modules, bat-
17 tery packs, and other related components
18 related to batteries.
19 (b) ACQUISITION PRIORITY.—Consistent with the au-
20 thority in section 5 of the Strategic and Critical Materials
21 Stock Piling Act (50 U.S.C. 98d) and subject to the avail-
22 ability of appropriations, the National Defense Stockpile
23 Manager shall acquire the highest priority strategic and
24 critical materials identified in the report submitted under
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1204
1 (c) STRATEGIC AND CRITICAL MATERIALS DE-
2 FINED.—In this section, the term ‘‘strategic and critical
3 materials’’ has the meaning given such term in section 12
4 of the Strategic and Critical Materials Stock Piling Act
5 (50 U.S.C. 98h-3).
6 Subtitle C—Other Matters
7 SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
8 DEPARTMENT OF DEFENSE-DEPARTMENT OF
9 VETERANS AFFAIRS MEDICAL FACILITY DEM-
10 ONSTRATION FUND FOR CAPTAIN JAMES A.
11 LOVELL HEALTH CARE CENTER, ILLINOIS.
12 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the

13 funds authorized to be appropriated for section 1405 and
14 available for the Defense Health Program for operation
15 and maintenance, $168,000,000 may be transferred by the
16 Secretary of Defense to the Joint Department of Defense–
17 Department of Veterans Affairs Medical Facility Dem-
18 onstration Fund established by subsection (a)(1) of sec-
19 tion 1704 of the National Defense Authorization Act for
20 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571).
21 For purposes of subsection (a)(2) of such section 1704,
22 any funds so transferred shall be treated as amounts au-
23 thorized and appropriated specifically for the purpose of
24 such a transfer.
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1 (b) USE OF TRANSFERRED FUNDS.—For the pur-
2 poses of subsection (b) of such section 1704, facility oper-
3 ations for which funds transferred under subsection (a)
4 may be used are operations of the Captain James A.
5 Lovell Federal Health Care Center, consisting of the
6 North Chicago Veterans Affairs Medical Center, the Navy
7 Ambulatory Care Center, and supporting facilities des-
8 ignated as a combined Federal medical facility under an
9 operational agreement covered by section 706 of the Dun-
10 can Hunter National Defense Authorization Act for Fiscal
11 Year 2009 (Public Law 110–417; 122 Stat. 4500).
12 SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR
13 ARMED FORCES RETIREMENT HOME.
14 There is hereby authorized to be appropriated for fis-

15 cal year 2023 from the Armed Forces Retirement Home
16 Trust Fund the sum of $152,360,000 of which—
17 (1) $75,360,000 is for operation, maintenance,
18 construction and renovation; and
19 (2) $77,000,000 is for major construction.
20 TITLE XV—CYBER AND INFOR-
21 MATION OPERATIONS MAT-
22 TERS
Subtitle A—Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.

Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for strategic cyberse-
curity program.
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Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of universities that
advise Secretary of Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international strategy
with National Defense Strategy and Department of Defense
Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of Jor-
dan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for certain
systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial intelligence,
and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity capabilities.
Subtitle B—Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation in the

information environment.
Sec. 1522. Assessment and optimization of Department of Defense information
and influence operations conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission of joint
lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of information
operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission of as-
sessments relating to cybersecurity of the defense industrial
base.
Subtitle C—Personnel
Sec. 1531. Cyber operations-peculiar awards.

Sec. 1532. Establishment of Cyber Operations Designator and rating for the
Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path study.
Sec. 1537. Study to determine optimal strategy for structuring and manning
elements of Joint Force Headquarters–Cyber Organizations,
Joint Mission Operations Centers, and Cyber Operations-Inte-
grated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office of the
Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for De-
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D—Reports and Other Matters
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Sec. 1551. Pilot program for sharing cyber capabilities and related information
with foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology budg-
et data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of artificial
intelligence.
Sec. 1555. Review of Department of Defense implementation of recommenda-
tions from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security Agency
and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations Forces.
Sec. 1558. Annual assessments and reports on assignment of certain budget
control responsibility to Commander of United States Cyber
Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-frequency
enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter adver-
saries in the information environment.
1 Subtitle A—Cyber Matters

2 SEC. 1501. IMPROVEMENTS TO PRINCIPAL CYBER ADVI-
3 SORS.
4 (a) CERTIFICATION AUTHORITY FOR CYBERSPACE

5 OPERATIONS.—Subsection (c) of section 932 of the Na-
7 (Public Law 113–66; 10 U.S.C. 2224 note) is amended
8 by adding at the end the following:
9 ‘‘(4) BUDGET REVIEW.—(A) The Secretary of
10 Defense, acting through the Under Secretary of De-
11 fense (Comptroller), shall require the Secretaries of
12 the military departments and the heads of the De-
13 fense agencies with responsibilities associated with
14 any activity specified in paragraph (2) to transmit
15 the proposed budget for such activities for a fiscal
16 year and for the period covered by the future-years
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1 defense program submitted to Congress under sec-
2 tion 221 of this title for that fiscal year to the Prin-
3 cipal Cyber Advisor for review under subparagraph
4 (B) before submitting the proposed budget to the
5 Under Secretary of Defense (Comptroller).
6 ‘‘(B) The Principal Cyber Advisor shall review
7 each proposed budget transmitted under subpara-
8 graph (A) and, not later than January 31 of the
9 year preceding the fiscal year for which the budget
10 is proposed, shall submit to the Secretary of Defense
11 a report containing the comments of the Principal
12 Cyber Advisor with respect to all such proposed
13 budgets, together with the certification of the Prin-
14 cipal Cyber Advisor regarding whether each pro-
15 posed budget is adequate.
16 ‘‘(C) Not later than March 31 of each year, the
17 Secretary of Defense shall submit to Congress a re-
18 port specifying each proposed budget that the Prin-
19 cipal Cyber Advisor did not certify to be adequate.
20 The report of the Secretary shall include the fol-
21 lowing matters:
22 ‘‘(i) A discussion of the actions that the
23 Secretary proposes to take, together with any
24 recommended legislation that the Secretary con-
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1209
1 siders appropriate, to address the inadequacy of
2 the proposed budgets specified in the report.
3 ‘‘(ii) Any additional comments that the
4 Secretary considers appropriate regarding the
5 inadequacy of the proposed budgets.’’.
6 (b) CODIFICATION OF PRINCIPAL CYBER ADVI-
7 SORS.—
8 (1) TITLE 10.—Chapter 19 of title 10, United

10 392 the following new section (and conforming the
11 table of sections at the beginning of such chapter ac-
12 cordingly):
13 ‘‘§ 392a. Principal Cyber Advisors’’.
14 (2) PRINCIPAL CYBER ADVISOR TO SECRETARY
15 OF DEFENSE.—Subsection (c) of section 932 of the

17 2014 (Public Law 113–66; 10 U.S.C. 2224 note), as
18 amended by subsection (a), is—
19 (A) transferred to section 392a of title 10,
20 United States Code, as added by paragraph (1);
21 (B) redesignated as subsection (a);
22 (C) amended by striking paragraph (1)
23 and inserting the following:
24 ‘‘(1) ESTABLISHMENT.—There is a Principal
25 Cyber Advisor in the Department of Defense.’’; and
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1 (D) amended in the subsection heading by
2 inserting ‘‘TO SECRETARY OF DEFENSE’’ after
3 ‘‘ADVISOR’’.
4 (3) DEPUTY CYBER ADVISOR.—Section 905 of
7 note) is—
8 (A) transferred to chapter 19 of title 10,
9 United States Code, designated as subsection
10 (b) of section 392a, as added by paragraph (1),
11 and amended by redesignating each subordinate
12 provision and the margins thereof accordingly;
13 and
14 (B) amended—
15 (i) by striking ‘‘this subsection’’ each
16 place it appears and inserting ‘‘this para-
17 graph’’; and
18 (ii) by striking ‘‘subsection (a)’’ each
19 place it appears and inserting ‘‘paragraph
20 (1)’’.
21 (4) PRINCIPAL CYBER ADVISORS TO SECRE-
22 TARIES OF MILITARY DEPARTMENTS.—Section 1657

25 note) is—
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1 (A) transferred to chapter 19 of title 10,
2 United States Code, designated as subsection
3 (c) of section 392a, as added by paragraph (1),
4 and amended by redesignating each subordinate
5 provision and the margins thereof accordingly;
6 and
7 (B) amended—
8 (i) by striking ‘‘subparagraph (B)’’
9 and inserting ‘‘clause (ii)’’;
10 (ii) by striking ‘‘paragraph (1)’’ each
11 place it appears and inserting ‘‘subpara-
12 graph (A)’’;
13 (iii) by striking ‘‘paragraph (2)’’ each
14 place it appears and inserting ‘‘subpara-
15 graph (B)’’;
16 (iv) by striking ‘‘subsection (a)(1)’’
17 and inserting ‘‘paragraph (1)(A)’’;
18 (v) by striking ‘‘subsection (a)’’ each
20 (1)’’;
21 (vi) by striking ‘‘subsection (b)’’ each
23 (2)’’; and
24 (vii) by striking paragraph (6) (as re-
25 designated pursuant to subparagraph (A)).
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1 (c) CONFORMING AMENDMENTS.—
2 (1) TITLE 10.—Section 167b(d)(2)(A) of title
3 10, United States Code, is amended by inserting ‘‘to
4 the Secretary of Defense under section 392a(a) of
5 this title’’ after ‘‘Principal Cyber Advisor’’.
6 (2) FY22 NDAA.—Section 1528(e)(2) of the
9 amended by striking ‘‘section 1657(d) of the Na-
11 2020 (Public Law 116–92; 10 U.S.C. 391 note)’’
12 and inserting ‘‘section 392a(c)(4) of title 10, United
13 States Code’’.
14 (3) FY17 NDAA.—Section 1643(b) of the Na-
16 2017 (Public Law 114–328; 10 U.S.C. 2224 note)
17 is amended by striking ‘‘The Principal Cyber Advi-
18 sor, acting through the cross-functional team estab-
19 lished by section 932(c)(3) of the National Defense
21 113–66; 10 U.S.C. 2224 note)’’ and inserting ‘‘The
22 Principal Cyber Advisor to the Secretary of Defense,
23 acting through the cross-functional team under sec-
24 tion 392a(a)(3) of title 10, United States Code,’’.
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1 SEC. 1502. ANNUAL REPORTS ON SUPPORT BY MILITARY
2 DEPARTMENTS FOR UNITED STATES CYBER
3 COMMAND.
4 (a) ANNUAL REPORTS.—Chapter 19 of title 10,

5 United States Code, is amended by inserting after section
6 391 the following new section (and conforming the table
7 of sections at the beginning of such chapter accordingly):
8 ‘‘§ 391a. Annual reports on support by military de-
9 partments for United States Cyber Com-
10 mand
11 ‘‘(a) REPORTS.—Not later than 15 days after the

12 date on which the Secretary of Defense submits to Con-
13 gress the defense budget materials (as defined in section
14 239 of this title) for a fiscal year, the Commander of the
15 United States Cyber Command shall submit to the con-
16 gressional defense committees a report containing the fol-
17 lowing:
18 ‘‘(1) An evaluation of whether each military de-
19 partment is meeting the requirements established by
20 the Commander and validated by the Office of the
21 Secretary of Defense, and is effectively implementing
22 the plan required by section 1534 of the National
23 Defense Authorization Act for Fiscal Year 2023,
24 and the requirements established pursuant to section
25 1533 of such Act.
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1 ‘‘(2) For each military department evaluated
2 under paragraph (1)—
3 ‘‘(A) a certification that the military de-
4 partment is meeting such requirements; or
5 ‘‘(B) a detailed explanation regarding how
6 the military department is not meeting such re-
7 quirements.
8 ‘‘(b) ELEMENTS OF EVALUATION.—Each evaluation
9 under subsection (a)(1) shall include, with respect to the
10 military department being evaluated, the following:
11 ‘‘(1) The adequacy of the policies, procedures,
12 and execution of manning, training, and equipping
13 personnel for employment within the Cyber Mission
14 Force.
15 ‘‘(2) The sufficiency and robustness of training
16 curricula for personnel to be assigned to either the
17 Cyber Mission Force or units within the cyberspace
18 operations forces, and the compliance by the military
19 department with training standards.
20 ‘‘(3) The adequacy of the policies and proce-
21 dures relating to the assignment and assignment
22 length of members of the Army, Navy, Air Force,
23 Marine Corps, or Space Force to the Cyber Mission
24 Force.
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1 ‘‘(4) The efficacy of the military department in
2 filling key work roles within the Cyber Mission
3 Force, including the proper force mix of civilian,
4 military, and contractor personnel, and the means
5 necessary to meet requirements established by the
6 Commander and validated by the Secretary of De-
7 fense.
8 ‘‘(5) The adequacy of the investment to advance
9 cyber-peculiar science and technology, particularly
10 with respect to capability development for the Cyber
11 Mission Force.
12 ‘‘(6) The sufficiency of the policies, procedures,
13 and investments relating to the establishment and
14 management of military occupational specialty, des-
15 ignator, rating, or Air Force specialty code for per-
16 sonnel responsible for cyberspace operations, includ-
17 ing an assessment of the effectiveness of the com-
18 bination of policies determining availability and re-
19 tention of sufficient numbers of proficient personnel
20 in key work roles, including length of service com-
21 mitment, the use of bonuses and special pays, alter-
22 native compensation mechanisms, and consecutive
23 tours in preferred assignments.
24 ‘‘(7) In coordination with the Principal Cyber
25 Advisor of the Department of Defense, an evaluation
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1216
1 of the use by the military department of the shared
2 lexicon of the Department of Defense specific to
3 cyberspace activities.
4 ‘‘(8) The readiness of personnel serving in the
5 Cyber Mission Force and the cyberspace operations
6 forces to accomplish assigned missions.
7 ‘‘(9) The adequacy of actions taken during the
8 period of evaluation by the military department to
9 respond to findings from any previous years’ evalua-
10 tions.
11 ‘‘(10) Any other element determined relevant by
12 the Commander.’’.
13 (b) FIRST REPORT.—The Commander of the United
14 States Cyber Command shall submit to the congressional
15 defense committees the first report under section 391a of
16 title 10, United States Code, as added by subsection (a),
17 as soon as practicable after the date of the submission
18 of the defense budget materials for fiscal year 2024.
19 SEC. 1503. MODIFICATION OF OFFICE OF PRIMARY RE-
20 SPONSIBILITY FOR STRATEGIC CYBERSECU-
21 RITY PROGRAM.
22 Paragraph (2) of section 1640(c) of the National De-

24 115–91; 10 U.S.C. 2224 note) is amended to read as fol-
25 lows:
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1 ‘‘(2) OFFICE OF PRIMARY RESPONSIBILITY.—

3 ment of the National Defense Authorization Act for
4 Fiscal Year 2023, the Secretary of Defense shall
5 designate a principal staff assistant from within the
6 Office of the Secretary of Defense whose office shall
7 serve as the office of primary responsibility for the
8 Program, providing policy, direction, and oversight
9 regarding the execution of the responsibilities of the
10 program manager described in paragraph (5).’’.
11 SEC. 1504. TAILORED CYBERSPACE OPERATIONS ORGANI-
12 ZATIONS.
13 Section 1723 of the William M. (Mac) Thornberry

15 (Public Law 116–283; 10 U.S.C. 394 note) is amended
16 by adding at the end the following new subsections:
17 ‘‘(e) IMPLEMENTATION.—Not later than May 1,
18 2023, the Commanding Officer of Navy Cyber Warfare
19 Development Group shall submit to the congressional de-
20 fense committees an independent review of the study
21 under subsection (a). The review shall include, at a min-
22 imum, evaluations of—
23 ‘‘(1) the value of the study to the Navy Cyber
24 Warfare Development Group and to the Navy;
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1218
1 ‘‘(2) any recommendations not considered or in-
2 cluded as part of the study;
3 ‘‘(3) the implementation of subsection (b); and
4 ‘‘(4) other matters as determined by the Com-
5 manding Officer.
6 ‘‘(f) UPDATE TO CONGRESS.—Not later than July 1,
7 2023, the Secretaries of the military departments and the
8 Assistant Secretary of Defense for Special Operations and
9 Low Intensity Conflict shall provide to the congressional
10 defense committees a briefing on activities taken during
11 the period following the date of the briefing provided
12 under subsection (d), including an examination of estab-
13 lishing Tailored Cyberspace Operations Organizations and
14 use of the authority provided pursuant to subsection (c).
15 ‘‘(g) AIR FORCE ACTIONS.—Not later than July 1,
16 2023, the Secretary of the Air Force shall submit to the
17 congressional defense committees a review of the activities
18 of the Navy Cyber Warfare Development Group, including
19 with respect to the authorities of the Group. The review
21 ‘‘(1) An assessment of whether such authorities
22 shall be conferred on the 90th Cyberspace Oper-
23 ations Squadron of the Air Force.
24 ‘‘(2) A consideration of whether the 90th
25 Cyberspace Operations Squadron should be des-
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1219
1 ignated a controlled tour, as defined by the Sec-
2 retary.’’.
3 SEC. 1505. ESTABLISHMENT OF SUPPORT CENTER FOR
4 CONSORTIUM OF UNIVERSITIES THAT AD-
5 VISE SECRETARY OF DEFENSE ON CYBERSE-
6 CURITY MATTERS.

10 new subsection:
11 ‘‘(f) SUPPORT CENTER.—
12 ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
13 tablish a center to provide support to the consortium
14 established under subsection (a).
15 ‘‘(2) COMPOSITION.—
16 ‘‘(A) REQUIREMENT.—The center estab-
17 lished under paragraph (1) shall be composed
18 of one or two universities, as the Secretary con-
19 siders appropriate, that—
20 ‘‘(i) have been designated as centers
21 of academic excellence by the Director of
22 the National Security Agency or the Sec-
23 retary of Homeland Security; and
24 ‘‘(ii) are eligible for access to classi-
25 fied information.
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1220
1 ‘‘(B) PUBLICATION.—The Secretary shall
2 publish in the Federal Register the process for
3 selection of universities to serve as the center
4 established under paragraph (1).
5 ‘‘(3) FUNCTIONS.—The functions of the center
6 established under paragraph (1) are as follows:
7 ‘‘(A) To promote the consortium estab-
8 lished under subsection (a).
9 ‘‘(B) To distribute on behalf of the De-
10 partment requests for information or assistance
11 to members of the consortium.
12 ‘‘(C) To collect and assemble responses
13 from requests distributed under subparagraph
14 (B).
15 ‘‘(D) To provide additional administrative
16 support for the consortium.’’.
17 SEC. 1506. ALIGNMENT OF DEPARTMENT OF DEFENSE
18 CYBER INTERNATIONAL STRATEGY WITH NA-
19 TIONAL DEFENSE STRATEGY AND DEPART-
20 MENT OF DEFENSE CYBER STRATEGY.
21 (a) ALIGNMENT REQUIRED.—Not later than 270

23 retary of Defense, acting through the Under Secretary of
24 Defense for Policy and in coordination with the com-
25 manders of the combatant commands and the Director of
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1 the Joint Staff, shall undertake efforts to align the cyber-
2 security cooperation enterprise of the Department of De-
3 fense and the cyberspace operational partnerships of the
4 Department with—
5 (1) the national defense strategy published in
6 2022 pursuant to section 113(g) of title 10, United
7 States Code;
8 (2) the Cyber Strategy of the Department pub-
9 lished during fiscal year 2023; and
10 (3) the current International Cyberspace Secu-
11 rity Cooperation Guidance of the Department, as of
13 (b) ELEMENTS.—The alignment efforts under sub-
14 section (a) shall include the following efforts within the
15 Department of Defense:
16 (1) Efforts to build the internal capacity of the
17 Department to support international strategy policy
18 engagements with allies and partners of the United
19 States.
20 (2) Efforts to coordinate and align cyberspace
21 operations with foreign partners of the United
22 States, including alignment between hunt-forward
23 missions and other cyber international strategy ac-
24 tivities conducted by the Department, including
25 identification of processes, working groups, and
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1222
1 methods to facilitate coordination between geo-
2 graphic combatant commands and the United States
3 Cyber Command.
4 (3) Efforts to deliberately cultivate operational
5 and intelligence-sharing partnerships with key allies
6 and partners of the United States to advance the
7 cyberspace operations objectives of the Department.
8 (4) Efforts to identify key allied and partner
9 networks, infrastructure, and systems that the Joint
10 Force will rely upon for warfighting and to—
11 (A) support the cybersecurity and cyber
12 defense of those networks, infrastructure, and
13 systems;
14 (B) build partner capacity to actively de-
15 fend those networks, infrastructure, and sys-
16 tems;
17 (C) eradicate malicious cyber activity that
18 has compromised those networks, infrastruc-
19 ture, and systems, such as when identified
20 through hunt-forward operations; and
21 (D) leverage the commercial and military
22 cybersecurity technology and services of the
23 United States to harden and defend those net-
24 works, infrastructure, and systems.
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1223
1 (5) Efforts to secure the environments and net-
2 works of mission partners of the United States used
3 to hold intelligence and information originated by
4 the United States.
5 (6) Prioritization schemas, funding require-
6 ments, and efficacy metrics to drive cyberspace secu-
7 rity investments in the tools, technologies, and ca-
8 pacity-building efforts that will have the greatest
9 positive impact on the resilience and ability of the
10 Department to execute its operational plans and
11 achieve integrated deterrence.
12 (c) ORGANIZATION.—The Under Secretary of De-
13 fense for Policy shall lead efforts to implement this sec-
14 tion. In doing so, the Under Secretary shall consult with
15 the Secretary of State, the National Cyber Director, the
16 Director of the Cybersecurity and Infrastructure Security
17 Agency, and the Director of the Federal Bureau of Inves-
18 tigation, to align plans and programs as appropriate.
19 (d) ANNUAL BRIEFINGS.—
21 after the date of the enactment of this Act, and not
22 less frequently than once each fiscal year until Sep-
23 tember 30, 2025, the Under Secretary of Defense
24 for Policy shall provide to the Committees on Armed
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1224
1 tives a briefing on the implementation of this sec-
2 tion.
3 (2) CONTENTS.—Each briefing under para-
4 graph (1) shall include the following:
5 (A) An overview of efforts undertaken pur-
6 suant to this section.
7 (B) An accounting of all the security co-
8 operation activities of the Department germane
9 to cyberspace and changes made pursuant to
10 implementation of this section.
11 (C) A detailed schedule with target mile-
12 stones and required expenditures for all planned
13 activities related to the efforts described in sub-
14 section (b).
15 (D) Interim and final metrics for building
16 the cyberspace security cooperation enterprise
17 of the Department.
18 (E) Identification of such additional fund-
19 ing, authorities, and policies, as the Under Sec-
20 retary determines may be required.
21 (F) Such recommendations as the Under
22 Secretary may have for legislative action to im-
23 prove the effectiveness of cyberspace security
24 cooperation of the Department with foreign
25 partners and allies.
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1225
1 (e) ANNUAL REPORT.—Not later than 90 days after
2 the date of the enactment of this Act and not less fre-
3 quently than once each year thereafter until January 1,
4 2025, the Under Secretary of Defense for Policy shall sub-
5 mit to the Committee on Armed Services of the Senate
6 and the Committee on Armed Services of the House of
7 Representatives a report summarizing the cyber inter-
8 national strategy activities of the Department, including
9 within the cybersecurity cooperation enterprise of the De-
10 partment and the cyber operational partnerships of the
11 Department.
12 SEC. 1507. ENHANCEMENT OF CYBERSPACE TRAINING AND
13 SECURITY COOPERATION.
14 (a) ENHANCED TRAINING.—

15 (1) REQUIREMENT.—The Under Secretary of
16 Defense for Intelligence and Security and the Under
17 Secretary of Defense for Policy, in coordination with
18 the Commander of United States Cyber Command,
19 the Director of the Defense Security Cooperation
20 Agency, and the Director of the Defense Intelligence
21 Agency, shall develop enhanced guidance for and im-
22 plement training on cyberspace security cooperation
23 at the Defense Security Cooperation University and
24 the Joint Military Attaché School.
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1226
1 (2) TIMING.—The Under Secretaries shall de-
2 velop the enhanced guidance and implement the
3 training under paragraph (1)—
4 (A) by not later than one year after the
5 date of the enactment of this Act with respect
6 to the Joint Military Attaché School; and
7 (B) by not later than September 30, 2025,
8 with respect to the Defense Security Coopera-
9 tion University.
10 (3) ELEMENTS.—The Under Secretaries shall
11 ensure that the training on cyberspace security co-
12 operation under paragraph (1)—
13 (A) is tailored to the trainees’ anticipated
14 embassy role and functions; and
15 (B) provides familiarity with—
16 (i) the different purposes of cyber-
17 space engagements with partners and allies
18 of the United States, including threat
19 awareness, cybersecurity, mission assur-
20 ance, and operations;
21 (ii) the types of cyberspace security
22 cooperation programs and activities avail-
23 able for partners and allies of the United
24 States, including bilateral and multilateral
25 cyberspace engagements, information and
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1227
1 intelligence sharing, training, and exer-
2 cises;
3 (iii) the United States Cyber Com-
4 mand cyberspace operations with partners,
5 including an overview of the Hunt Forward
6 mission and process;
7 (iv) the roles and responsibilities of
8 the United States Cyber Command, the ge-
9 ographic combatant commands, and the
10 Defense Security Cooperation Agency for
11 cybersecurity cooperation within the De-
13 (v) such other matters as the Under
14 Secretaries, in coordination with the Com-
15 mander of United States Cyber Command,
16 consider appropriate.
17 (4) REQUIREMENTS.—The baseline familiariza-
18 tion training developed under subsection (a) shall be
19 a required element for all participants in the De-
20 fense Security Cooperation University, the Attaché
21 Training Program, and the Attaché Staff Training
22 Program of the Joint Military Attaché School.
24 of the enactment of this Act, the Under Secretary of De-
25 fense for Intelligence and Security and the Under Sec-
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December 6, 2022 (7:20 p.m.)
1228
1 retary of Defense for Policy, in coordination with the Com-
2 mander of the United States Cyber Command, the Direc-
3 tor of the Defense Security Cooperation Agency, and the
4 Director of the Defense Intelligence Agency, shall submit
6 the House of Representatives a report on the requirements
7 and considerations to implement enhanced training and
8 coordination to advance cyberspace security cooperation
9 with foreign partners. The study may consider such areas
10 as the following:
11 (1) Sufficiency of the training provided in the
12 Defense Security Cooperation University and the
13 Joint Military Attaché School.
14 (2) Additional training requirements, famil-
15 iarization requirements, or both such requirements
16 necessary for officers assigned to particular locations
17 or positions.
18 (3) Areas for increased cooperation.
19 (4) A plan for completing the activities required
20 by subsection (a).
21 (5) Additional resources required to complete
22 such activities.
23 (c) BRIEFING.—Not later than 30 days after the date
24 on which the Under Secretary of Defense for Intelligence
25 and Security and the Under Secretary of Defense for Pol-
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1229
1 icy submit the report under subsection (b), the Under Sec-
2 retaries, in coordination with the Commander of the
3 United States Cyber Command, the Director of the De-
4 fense Security Cooperation Agency, and the Director of
5 the Defense Intelligence Agency, shall provide to the Com-
7 of Representatives a briefing on the findings from the re-
8 port on enhancing training and coordination to advance
9 cyberspace security cooperation described in such sub-
10 section. Such briefing shall include a discussion on the en-
11 hanced training meeting the elements under subsection
12 (a)(3) and a plan for future updates and sustainment of
13 such training.
14 SEC. 1508. MILITARY CYBERSECURITY COOPERATION WITH
15 HASHEMITE KINGDOM OF JORDAN.
16 (a) REQUIREMENT.—Not later than 180 days after

18 Defense, acting through the Under Secretary of Defense
19 for Policy, in concurrence with the Secretary of State and
20 in coordination with the Commander of the United States
21 Cyber Command and the Commander of the United States
22 Central Command, shall seek to engage the Ministry of
23 Defense of the Hashemite Kingdom of Jordan for the pur-
24 pose of expanding cooperation of military cybersecurity ac-
25 tivities.
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1 (b) COOPERATION EFFORTS.—In expanding the co-
2 operation of military cybersecurity activities between the
3 Department of Defense and the Ministry of Defense of
4 the Hashemite Kingdom of Jordan under subsection (a),
5 the Secretary of Defense may carry out the following ef-
6 forts:
7 (1) Bilateral cybersecurity training activities
8 and exercises.
9 (2) Efforts to—
10 (A) actively defend military networks, in-
11 frastructure, and systems;
12 (B) eradicate malicious cyber activity that
13 has compromised those networks, infrastruc-
14 ture, and systems; and
15 (C) leverage United States commercial and
16 military cybersecurity technology and services
17 to harden and defend those networks, infra-
18 structure, and systems.
19 (3) Establishment of a regional cybersecurity
20 center.
21 (c) BRIEFINGS.—
24 retary of Defense, in coordination with the Secretary
25 of State, shall provide to the appropriate congres-
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1231
1 sional committees a briefing on the implementation
2 of this section.
3 (2) CONTENTS.—The briefing under paragraph
5 (A) An overview of efforts undertaken pur-
6 suant to this section.
7 (B) A description of the feasibility and ad-
8 visability of expanding the cooperation of mili-
9 tary cybersecurity activities between the De-
10 partment of Defense and the Ministry of De-
11 fense of the Hashemite Kingdom of Jordan.
12 (C) Identification of any challenges and re-
13 sources that need to be addressed so as to ex-
14 pand such cooperation.
15 (D) Any other matter the Secretary deter-
16 mines relevant.
17 (d) APPROPRIATE CONGRESSIONAL COMMITTEES
19 gressional committees’’ means—
24 resentatives.
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1 SEC. 1509. MANAGEMENT AND OVERSIGHT OF JOINT CYBER
2 WARFIGHTING ARCHITECTURE.
3 (a) ESTABLISHMENT OF OFFICES.—

4 (1) REQUIREMENT.—The Secretary of Defense,
5 in consultation with the Commander of the United
6 States Cyber Command, shall establish within the
7 United States Cyber Command—
8 (A) a program executive office; and
9 (B) one or more subordinate program
10 management offices under the program execu-
11 tive office.
12 (2) RESPONSIBILITIES.—The offices established
13 pursuant to paragraph (1) shall—
14 (A) oversee, manage, and execute the Joint
15 Cyber Warfighting Architecture;
16 (B) oversee, manage, and execute the pro-
17 grams designated, or to be designated, as part
18 of the Joint Cyber Warfighting Architecture;
19 (C) conduct mission engineering,
20 architecting, and design of the Joint Cyber
21 Warfighting Architecture system of systems,
22 and any successor effort;
23 (D) maintain a validated Joint Cyber
24 Warfighting Architecture system of systems
25 mission architecture, updated regularly to in-
26 form the current and future constituent pro-
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1 grams of the Joint Cyber Warfighting Architec-
2 ture, and the continuous delivery pipelines of
3 such programs;
4 (E) ensure that the Joint Cyber
5 Warfighting Architecture component solution
6 architectures align with and support the Joint
7 Cyber Warfighting Architecture system of sys-
8 tems mission architecture;
9 (F) support integration of mission-specific
10 capabilities, including mission-specific data,
11 analytics, defensive tools, offensive tools, and
12 intelligence systems, acquired through non-
13 Joint Cyber Warfighting Architecture pro-
14 grams; and
15 (G) carry out any other responsibilities de-
16 termined appropriate by the Secretary of De-
17 fense, including the acquisition of cyber oper-
18 ations capabilities beyond the Joint Cyber
19 Warfighting Architecture.
20 (3) APPORTIONMENT OF RESPONSIBILITIES.—
21 The Commander shall apportion the responsibilities

22 under paragraph (2) across the offices established
23 pursuant to paragraph (1).
24 (4) AUTHORITY.—The Secretary shall ensure
25 that the offices established pursuant to paragraph
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1 (1) are empowered with the authority necessary to
2 compel and enforce compliance with decisions and
3 directives issued pursuant to the responsibilities
5 (b) ARCHITECTURE COMPONENTS.—The Com-
6 mander shall serve as the sole sponsor and requirements
7 manager for the Joint Cyber Warfighting Architecture
8 and the constituent programs of such architecture, as de-
9 termined by the Commander.
10 (c) ORGANIZATION OF PROGRAM EXECUTIVE OF-
11 FICE.—
12 (1) HEAD.—
13 (A) REPORTING.—The head of the pro-
14 gram executive office established under sub-
15 section (a)(1)(A) shall report to the Command
16 Acquisition Executive of the United States
17 Cyber Command.
18 (B) ADDITIONAL OVERSIGHT.—In addition
19 to the oversight of the head of the program ex-
20 ecutive office provided by the Command Acqui-
21 sition Executive under subparagraph (A), the
23 Sustainment, the Under Secretary of Defense
24 for Research and Engineering, and the Prin-
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1 cipal Cyber Advisor of the Department of De-
2 fense shall provide oversight of the head.
3 (2) RESPONSIBILITIES.—The head of the pro-
4 gram executive office shall—
5 (A) exercise central technical authority for
6 the Joint Cyber Warfighting Architecture;
7 (B) manage and provide oversight of the
8 implementation and integration of the Architec-
9 ture; and
10 (C) provide direction to subordinate pro-
11 gram offices, as determined appropriate by the
12 Commander.
13 (d) PERSONNEL.—
14 (1) NECESSARY POSITIONS.—The Commander
15 of the United States Cyber Command shall ensure
16 that the program executive office or any subordinate
17 program management office established pursuant to
18 subsection (a)(1) includes in the staff of the respec-
19 tive office a chief architect, a systems engineer, and
20 a chief talent officer to—
21 (A) develop a mission-driven Joint Cyber
22 Warfighting Architecture optimized for execu-
23 tion of missions of the United States Cyber
24 Command;
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1 (B) ensure the office is properly and effec-
2 tively staffed; and
3 (C) advise the head of the office with re-
4 spect to the execution of—
5 (i) the central technical authority for
6 the Joint Cyber Warfighting Architecture;
7 (ii) the management of the implemen-
8 tation and integration of the Joint Cyber
9 Warfighting Architecture; and
10 (iii) technical direction provided to
11 subordinates responsible for individual
12 Joint Cyber Warfighting Architecture pro-
13 grams.
14 (2) STAFFING.—
15 (A) IN GENERAL.—The Secretary of De-
16 fense, in coordination with the Commander of
17 the United States Cyber Command, shall en-
18 sure that the offices established pursuant to
19 subsection (a)(1) are appropriately staffed with
20 expert talent, including from the following orga-
21 nizations, as appropriate:
22 (i) The headquarters staff of the
23 United States Cyber Command, the Cyber
24 National Mission Force, the Joint Force
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1 Headquarters-Cyber, and the Cyber Mis-
2 sion Force.
3 (ii) The Capabilities Directorate of
4 the National Security Agency.
5 (iii) The military departments.
6 (iv) The Cyber Capabilities Support
7 Office of the Air Force.
8 (v) The Defense Advanced Research
9 Projects Agency.
10 (vi) The Strategic Capabilities Office.
11 (vii) Research laboratories of the mili-
12 tary departments.
13 (viii) The Defense Information Sys-
14 tems Agency.
15 (B) TECHNICAL TALENT.—In addition to
16 the requirement under subparagraph (A), to
17 support the permanent staffing of the offices
18 established pursuant to subsection (a)(1), the
19 Commander of the United States Cyber Com-
20 mand shall ensure that the offices deliberately
21 hire and use technical talent resident in the de-
22 fense industrial base, commercial technology in-
23 dustry, federally funded research and develop-
24 ment centers, university affiliated research cen-
25 ters, and the rest of the Federal Government.
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1 (e) BUDGET EXECUTION CONTROL.—The Secretary
2 shall provide to the United States Cyber Command the
3 resources necessary to support the program executive of-
4 fice established under subsection (a)(1)(A) and the Com-
5 mander of the United States Cyber Command shall exer-
6 cise budget execution control over component programs of
7 the Joint Cyber Warfighting Architecture that are subject
8 to the responsibilities assigned to the Commander by sec-
9 tion 1507 of the National Defense Authorization Act for
10 Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 167b
11 note).
12 (f) CONSTELLATION PROGRAM.—The Director of the
13 Defense Advanced Research Projects Agency and the head
14 of the program executive office established under sub-
15 section (a)(1)(A) shall plan and carry out the Constella-
16 tion program by entering into transactions under section
17 4021 of title 10, United States Code. In carrying out the
18 preceding sentence, the Secretary shall establish an effec-
19 tive framework and pipeline system for maturing cyber op-
20 erations-relevant technologies developed by the Agency, in-
21 tegrating the technologies into Joint Cyber Warfighting
22 Architecture capabilities, and transitioning the tech-
23 nologies into operational use by the United States Cyber
24 Command.
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1 (g) TRANSITION.—The Secretary of Defense, in co-
2 ordination with the Commander of the United States
3 Cyber Command, shall transition responsibilities for the
4 management and execution of Joint Cyber Warfighting
5 Architecture programs from the military departments to
6 the offices established pursuant to subsection (a)(1) by the
7 earlier of the following:
8 (1) The date on which—
9 (A) the offices are appropriately staffed
10 and resourced; and
11 (B) the Commander determines that the
12 transition is appropriate.
13 (2) The date that is five years after the date of
15 (h) REVIEW.—Not later than one year after the date
16 of the enactment of this Act, the Under Secretary of De-
17 fense for Acquisition and Sustainment and the Com-
18 mander of the United States Cyber Command, in coordi-
19 nation with the Under Secretary of Defense for Research
20 and Engineering, the Principal Cyber Advisor of the De-
21 partment of Defense, the Secretaries of the military de-
22 partments, the Director of the Defense Advanced Re-
23 search Projects Agency, and the Director of the National
24 Security Agency, shall submit to the congressional defense
25 committees an integrated review of the Joint Cyber
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1 Warfighting Architecture and all other capabilities re-
2 quired for the execution of the missions of the United
3 States Cyber Command to determine the following:
4 (1) The extent to which capabilities of the
5 United States Cyber Command and the National Se-
6 curity Agency should be joint, mutually available, in-
7 tegrated, or interoperable.
8 (2) Whether each of the Joint Cyber
9 Warfighting Architecture capabilities has been effec-
10 tively designed and architected to enable each of the
11 missions of the United States Cyber Command.
12 (3) How the Joint Cyber Warfighting Architec-
13 ture will support defense of the Department of De-
14 fense Information Network and its relation to exist-
15 ing datasets, sensors, tools, firewalls, and capabili-
16 ties deployed at each echelon of the Department of
17 Defense Information Network.
18 (4) What data, capabilities, and technologies ex-
19 ternal to the current Joint Cyber Warfighting Archi-
20 tecture programs, as of the date of the review,
21 should be acquired as part of the Joint Cyber
22 Warfighting Architecture and under the control of
23 the offices established pursuant to subsection (a)(1).
24 (5) What mission-specific data, capabilities, and
25 technologies external to the current Joint Cyber
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1 Warfighting Architecture programs should integrate
2 with or be interoperable with the Joint Cyber
3 Warfighting Architecture system of systems.
4 (6) The organization and staffing of such of-
5 fices, including—
6 (A) whether the program executive office
7 should be responsible for overseeing the acquisi-
8 tion of the cyber operations capabilities of the
9 United States Cyber Command generally or the
10 Joint Cyber Warfighting Architecture specifi-
11 cally;
12 (B) what subordinate program manage-
13 ment offices should be established under the
14 program executive office;
15 (C) whether the Joint Cyber Warfighting
16 Architecture programs should be consolidated
17 within a single program management office;
18 and
19 (D) which personnel should be appointed
20 to such offices pursuant to subsection (d)(1).
21 (7) The timeline for the execution of the transi-
22 tion under subsection (g).
23 (8) The acquisition strategy of the Department
24 for procuring the Joint Cyber Warfighting Architec-
25 ture and related capabilities, including relevant en-
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1 terprise strategic initiatives and contracting strate-
2 gies.
3 (9) The responsibilities of the United States
4 Cyber Command J2, J3, J5, J6, J8, and J9 in ac-
5 quiring, authorizing, and managing cyber capabili-
6 ties.
7 (10) The physical locations of the offices estab-
8 lished pursuant to subsection (a)(1).
9 (i) BRIEFING REQUIRED.—Not later than 540 days
10 after the date of the enactment of this Act, the Under
11 Secretary of Defense for Acquisition and Sustainment and
12 the Commander of the United States Cyber Command
13 shall jointly provide to the congressional defense commit-
14 tees a briefing on the status of the implementation of this
15 section.
16 (j) REPEAL.—Section 1645 of the National Defense
18 92; 10 U.S.C. 4571 note prec.) is repealed.
19 (k) JOINT CYBER WARFIGHTING ARCHITECTURE
20 DEFINED.—In this section, the term ‘‘Joint Cyber
21 Warfighting Architecture’’ means the range of joint cyber
22 warfighting systems and capabilities that support the full
23 spectrum of military cyber operations, as designated by
24 the Commander of the United States Cyber Command,
25 and includes any such successor effort.
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1 SEC. 1510. INTEGRATED NON-KINETIC FORCE DEVELOP-
2 MENT.
3 (a) FORCE DEVELOPMENT.—

5 shall establish forces, capabilities, and information
6 support to enable the delivery of non-kinetic effects
7 that provide increased survivability and effectiveness
8 of military forces within a defense planning scenario.
9 (2) FORCE PLANNING.—To support the devel-
10 opment of the forces, capabilities, and information
11 support under paragraph (1), the Secretary shall es-
12 tablish a force planning activity to identify and de-
13 fine the relevant forces, capabilities, and information
14 support required to develop and deliver non-kinetic
15 effects within a defense planning scenario. The Sec-
16 retary shall ensure that the force planning activity
17 identifies—
18 (A) desired operational effects within such
19 scenario;
20 (B) the gaps that limit the ability to access
21 important targets, the development of capabili-
22 ties, the conduct of mission planning, and the
23 execution of operations to deliver such effects;
24 (C) the collection systems, analytic exper-
25 tise and capacity, analytic tools and processes,
26 foreign materiel, and product lines required to
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1 support development and delivery of such ef-
2 fects;
3 (D) the forces required to deliver such ef-
4 fects, including associated doctrine, training,
5 expertise, organization, authorities, and com-
6 mand and control arrangements; and
7 (E) the cyber, electronic warfare, sensing,
8 and communications capabilities, and delivery
9 platforms and mechanisms, required to achieve
10 such effects and the extent to which such capa-
11 bilities, platforms, and mechanisms should be
12 integrated with each other.
13 (3) INITIAL ORGANIZATION STRUCTURE.—Dur-
14 ing an initial period of not less than 24 months, the

16 neering shall organize the force planning activity es-
17 tablished under paragraph (2). The Under Secretary
18 shall designate a planning official from the Office of
19 the Under Secretary for Research and Engineering
20 to lead development and execution of the force plan-
21 ning activity, in coordination with staff designated
22 by the Director of the Joint Staff of the Joint Chiefs
23 of Staff. The designated planning official shall select
24 a lead technical director. After such initial period,
25 the Secretary may re-assign the force planning activ-
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1 ity to another organization under different leader-
2 ship.
3 (4) PLAN FOR FOLLOW-ON ACTIVITIES.—Not
4 later than 270 days after the date of the enactment

5 of this Act, the Secretary shall submit to the con-
6 gressional defense committees a plan for follow-on
7 activities regarding the delivery of non-kinetic effects
8 described in paragraph (1). The Secretary shall en-
9 sure the plan—
10 (A) includes the identification of dedicated
11 resources to be controlled by the designated
12 planning official described in paragraph (3) and
13 an approach under which the planning official
14 apportions such resources across the Depart-
15 ment of Defense to establish, augment, and ac-
16 celerate new and ongoing activities described in
17 paragraph (1) and subsections (b), (c), and (d);
18 and
19 (B) identifies—
20 (i) a dedicated program element for
21 non-kinetic force development;
22 (ii) the suitability of the mission man-
23 agement authorities established through
24 the pilot program under section 871 of the
25 National Defense Authorization Act for
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1 Fiscal Year 2022 (Public Law 117–81; 10
2 U.S.C. 191 note);
3 (iii) the utility of using joint capa-
4 bility technology demonstrations to drive
5 prototyping, experimentation, and technical
6 integration of non-kinetic capabilities;
7 (iv) how the Rapid Defense Experi-
8 mentation Reserve might drive proto-
9 typing, experimentation, and technical in-
10 tegration of non-kinetic capabilities; and
11 (v) alignment with other experimen-
12 tation activities with the appropriate com-
13 batant commands.
14 (5) IMPLEMENTATION.—During the initial pe-
15 riod specified in paragraph (3), the designated plan-
16 ning official described in such paragraph shall report
17 directly to the Deputy Secretary of Defense, to
18 whom the official shall provide updates and rec-
19 ommendations not less frequently than quarterly.
20 The Secretary shall ensure that the force planning
21 activity established under paragraph (2) is sup-
22 ported by representatives from the military services,
23 relevant combatant commands, the Strategic Capa-
24 bilities Office, the Defense Advanced Research
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1 Projects Agency, and other elements within the De-
2 partment of Defense, as appropriate.
3 (b) FORCES.—In order to generate the forces identi-
4 fied in subsection (a)(2)(D), the Secretary of Defense
5 shall—
6 (1) through the Secretaries of the military de-
7 partments and the heads of other Department of
8 Defense components, as appropriate, establish ap-
9 propriate forces and accompanying doctrine, train-
10 ing, and tradecraft;
11 (2) acting through the Vice Chairman of the
12 Joint Chiefs of Staff, serving as the Chairman of the
13 Joint Requirements Oversight Council, ensure that
14 appropriate requirements exist to guide the develop-
15 ment and fielding of forces and means to deliver
16 non-kinetic effects within a defense planning sce-
17 nario;
18 (3) through the Under Secretary of Defense for
19 Policy, in coordination with the Chairman of the
20 Joint Chiefs of Staff and the combatant commands,
21 establish appropriate command and control struc-
22 tures and relationships governing such forces; and
23 (4) determine the appropriate responsibilities
24 of—
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1 (A) Cyber Mission Force of the United
2 States Cyber Command;
3 (B) cyber, electronic warfare, and space
4 forces provided to other combatant commands;
5 and
6 (C) other operational entities within the
7 Department of Defense in delivering non-kinetic
8 effects.
9 (c) CAPABILITIES.—In order to develop the capabili-
10 ties identified in subsection (a)(2)(E), the Secretary of
11 Defense, acting through the Director of the Defense Ad-
12 vanced Research Projects Agency, the Director of the
13 Strategic Capabilities Office, the Secretaries of the mili-
14 tary departments, and the heads of other elements of the
15 Department of Defense, shall develop the capabilities re-
16 quired for the delivery of non-kinetic effects within a de-
17 fense planning scenario.
18 (d) POLICY.—The Secretary of Defense, acting
19 through the Under Secretary of Defense for Policy and
20 in coordination with the Chairman of the Joint Chiefs of
21 Staff, shall develop policy governing the delivery of non-
22 kinetic effects within a defense planning scenario.
23 (e) BRIEFING.—Not later than one year after the
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1 briefing on the status of the implementation of this sec-
2 tion.
3 (f) NON-KINETIC EFFECTS DEFINED.—In this sec-
4 tion, the term ‘‘non-kinetic effects’’ means effects achieved
5 through radio-frequency transmission of integrated cyber
6 and electronic warfare techniques and other related and
7 supporting technical measures.
8 SEC. 1511. PROTECTION OF CRITICAL INFRASTRUCTURE.
9 (a) IN GENERAL.—In the event that the President

10 determines that there is an active, systematic, and ongoing
11 campaign of attacks in cyberspace by a foreign power
12 against the Government or the critical infrastructure of
13 the United States, the President may authorize the Sec-
14 retary of Defense, acting through the Commander of the
15 United States Cyber Command, to conduct military cyber
16 activities or operations pursuant to section 394 of title 10,
17 United States Code, in foreign cyberspace to deter, safe-
18 guard, or defend against such attacks.
19 (b) AFFIRMATION OF SCOPE OF CYBER ACTIVITIES
20 OR OPERATIONS.—Congress affirms that the cyber activi-
21 ties or operations referred to in subsection (a), when ap-
22 propriately authorized, shall be conducted consistent with
24 (c) DEFINITION OF CRITICAL INFRASTRUCTURE.—In
25 this section, the term ‘‘critical infrastructure’’ has the
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1250
1 meaning given that term in subsection (e) of the Critical
2 Infrastructure Protection Act of 2001 (42 U.S.C.
3 5195c(e)).
4 SEC. 1512. BUDGET DISPLAY FOR CRYPTOGRAPHIC MOD-
5 ERNIZATION ACTIVITIES FOR CERTAIN SYS-
6 TEMS OF THE DEPARTMENT OF DEFENSE.
7 (a) DISPLAY REQUIRED.—Beginning with fiscal year

8 2024, and for each fiscal year thereafter, the Secretary
9 of Defense shall include with the budget justification ma-
10 terials submitted to Congress in support of the budget of
11 the Department of Defense for that fiscal year (as sub-
12 mitted with the budget of the President under section
13 1105(a) of title 31, United States Code) a consolidated
14 cryptographic modernization budget justification display
15 for each Department of Defense system or asset that is
16 protected by cryptography and subject to certification by
17 the National Security Agency (in this section, referred to
18 as ‘‘covered items’’).
19 (b) ELEMENTS.—Each display included under sub-
20 section (a) for a fiscal year shall include the following:
21 (1) CRYPTOGRAPHIC MODERNIZATION ACTIVI-
22 TIES.—(A) Whether, in accordance with the schedule

23 established under section 153(a) of the William M.
24 (Mac) Thornberry National Defense Authorization
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1 U.S.C. 142 note), the cryptographic modernization
2 for each covered item is pending, in progress, com-
3 plete, or, pursuant to paragraph (2) of such section,
4 extended.
5 (B) The funding required for the covered fiscal
6 year and for each subsequent fiscal year of the Fu-
7 ture Years Defense Program to complete the pend-
8 ing or in progress cryptographic modernization by
9 the required replacement date of each covered item.
10 (C)(i) A description of deviations between the
11 funding annually required to complete the mod-
12 ernization prior to the required replacement date
13 and the funding requested and planned within the
14 Future Years Defense Program.
15 (ii) An explanation—
16 (I) justifying the deviations; and
17 (II) of whether or how any delays resulting
18 from a deviation shall be overcome to meet the
19 required replacement date.
20 (D) A description of operational or security
21 risks resulting from each deviation from the mod-
22 ernization schedule required to meet replacement
23 dates, including a current intelligence assessment of
24 adversary progress on exploiting the covered item.
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1 (E) For any covered item that remains in serv-
2 ice past its required replacement date, a description
3 of the number of times the covered item has been
4 extended and the circumstances attending each such
5 extension.
6 (2) MITIGATION ACTIVITIES FOR COVERED
7 ITEMS.—(A) Whether activities to mitigate the risks

8 associated with projected failure to replace a covered
9 item by the required replacement date are planned,
10 in progress, or complete.
11 (B) The funding required for the covered fiscal
12 year and for each subsequent fiscal year for required
13 mitigation activities to complete any planned, pend-
14 ing, or in progress mitigation activities for a covered
15 item.
16 (C) A description of the activities planned in
17 the covered fiscal year and each subsequent fiscal
18 year to complete mitigation activities and an expla-
19 nation of the efficacy of the mitigations.
20 (c) FORM.—The display required by subsection (a)
21 shall be included in unclassified form, but may include a
22 classified annex.
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1 SEC. 1513. ESTABLISHING PROJECTS FOR DATA MANAGE-
2 MENT, ARTIFICIAL INTELLIGENCE, AND DIG-
3 ITAL SOLUTIONS.
4 (a) ESTABLISHMENT OF PRIORITY PROJECTS.—The

5 Deputy Secretary of Defense shall—
6 (1) establish priority enterprise projects for
7 data management, artificial intelligence, and digital
8 solutions for both business efficiency and
9 warfighting capabilities intended to accelerate deci-
10 sion advantage; and
11 (2) assign responsibilities for execution and
12 funding of the projects established under paragraph
13 (1).
14 (b) ACTIONS REQUIRED.—To ensure implementation
15 of the priority projects of the Deputy Secretary of Defense
16 under subsection (a), and to instill data science and tech-
17 nology as a core discipline in the Department of Defense,
18 the Deputy Secretary shall—
19 (1) hold the heads of components accountable
20 for—
21 (A) making their component’s data avail-
22 able for use pursuant to the memorandum of
23 the Deputy Secretary of Defense dated May 5,
24 2021, and titled ‘‘Creating Data Advantage’’, in
25 accordance with plans developed and approved
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1 by the head of the component and the Deputy
2 Secretary;
3 (B) developing, implementing, and report-
4 ing measurable actions to acquire, preserve, and
5 grow the population of government and con-
6 tractor personnel with expertise in data man-
7 agement, artificial intelligence, and digital solu-
8 tions;
9 (C) making their components use data
10 management practices, analytics processes, en-
11 terprise cloud computing environments, and
12 operational test environments that are made
13 available and specifically approved by the head
14 of the component and the Deputy Secretary;
15 (D) identifying and reporting on an annual
16 basis for Deputy Secretary approval those ongo-
17 ing programs and activities and new initiatives
18 within their components to which the compo-
19 nent head determines should be applied ad-
20 vanced analytics, digital technology, and artifi-
21 cial intelligence; and
22 (E) developing and implementing cyberse-
23 curity and artificial intelligence security solu-
24 tions, including preventative and mitigative
25 technical solutions, red team assessments, to
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1 protect artificial intelligence systems, data, de-
2 velopment processes, and applications from ad-
3 versary actions;
4 (2) require the Chief Digital and Artificial In-
5 telligence Officer, in coordination with the heads of
6 components, to develop and report on an actionable
7 plan for the Deputy Secretary to reform the tech-
8 nologies, policies, and processes used to support ac-
9 creditation and authority to operate decisions to en-
10 able rapid deployment into operational environments
11 of newly developed government, contractor, and com-
12 mercial data management, artificial intelligence, and
13 digital solutions software;
14 (3) require the Under Secretary of Defense for
15 Personnel and Readiness, in coordination with the
16 Chief Digital and Artificial Intelligence Officer and
17 heads of components to define and establish career
18 paths, work roles, and occupational specialties for ci-
19 vilian and military personnel in the fields of data
20 management, artificial intelligence, and digital solu-
21 tions for the Deputy Secretary’s approval; and
22 (4) establish a Departmental management re-
23 form goal for adoption and integration artificial in-
24 telligence or machine learning into business and
25 warfighting processes, including the tracking of
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1 metrics, milestones, and initiatives to measure the
2 progress of the Department in meeting that goal.
3 (c) BRIEFINGS REQUIRED.—Not later than 180 days
5 thereafter until December 31, 2025, the Deputy Secretary
7 briefing on directives issued by the Deputy Secretary to
8 implement the requirements of this section and the status
9 of implementation actions.
10 (d) COMPONENT DEFINED.—In this section, the term
11 ‘‘component’’ means a military department, a combatant
12 command, or a Defense Agency of the Department of De-
13 fense.
14 SEC. 1514. OPERATIONAL TESTING FOR COMMERCIAL CY-
15 BERSECURITY CAPABILITIES.
16 (a) DEVELOPMENT AND SUBMISSION OF PLANS.—

17 Not later than February 1, 2024, the Chief Information
18 Officer of the Department of Defense and the Chief Infor-
19 mation Officers of the military departments shall develop
20 and submit plans described in subsection (b) to the Direc-
21 tor of Operational Test and Evaluation who may approve
22 the implementation of the plans pursuant to subsection
23 (c).
24 (b) PLANS DESCRIBED.—The plans described in this
25 subsection are plans that—
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1 (1) ensure covered cybersecurity capabilities are
2 appropriately tested, evaluated, and proven oper-
3 ationally effective, suitable, and survivable prior to
4 operation on a Department of Defense network; and
5 (2) specify how test results will be expeditiously
6 provided to the Director of Operational Test and
7 Evaluation.
8 (c) ASSESSMENT.—In reviewing the plans submitted
9 under subsection (a), the Director of Operational Test and
10 Evaluation shall conduct an assessment that includes con-
11 sideration of the following:
12 (1) Threat-realistic operational testing, includ-
13 ing representative environments, variation of oper-
14 ational conditions, and inclusion of a realistic oppos-
15 ing force.
16 (2) The use of Department of Defense cyber
17 red teams, as well as any enabling contract language
18 required to permit threat-representative red team as-
19 sessments.
20 (3) Collaboration with the personnel using the
21 commercial cybersecurity capability regarding the re-
22 sults of the testing to improve operators’ ability to
23 recognize and defend against cyberattacks.
24 (4) The extent to which additional resources
25 may be needed to remediate any shortfalls in capa-
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1 bility to make the commercial cybersecurity capa-
2 bility effective, suitable, and cyber survivable in an
3 operational environment of the Department.
4 (5) Identification of training requirements, and
5 changes to training, sustainment practices, or con-
6 cepts of operation or employment that may be need-
7 ed to ensure the effectiveness, suitability, and cyber
8 survivability of the commercial cybersecurity capa-
9 bility.
10 (d) POLICIES AND REGULATIONS.—Not later than
11 February 1, 2024, the Secretary of Defense shall issue
12 such policies and guidance and prescribe such regulations
13 as the Secretary determines necessary to carry out this
14 section.
15 (e) REPORTS.—Not later than January 31, 2025,
16 and not less frequently than annually thereafter until Jan-
17 uary 31, 2030, the Director shall include in each annual
18 report required by section 139(h) of title 10, United
19 States Code, the following:
20 (1) The status of the plans developed under
21 subsection (a).
22 (2) The number and type of test and evaluation
23 events completed in the past year for such plans,
24 disaggregated by component of the Department, and
25 including resources devoted to each event.
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1 (3) The results from such test and evaluation
2 events, including any resource shortfalls affecting
3 the number of commercial cybersecurity capabilities
4 that could be assessed.
5 (4) A summary of identified categories of com-
6 mon gaps and shortfalls found during testing.
7 (5) The extent to which entities responsible for
8 developing and testing commercial cybersecurity ca-
9 pabilities have responded to recommendations made
10 by the Director in an effort to gain favorable deter-
11 minations.
12 (6) Any identified lessons learned that would
13 impact training, sustainment, or concepts of oper-
14 ation or employment decisions relating to the as-
15 sessed commercial cybersecurity capabilities.
16 (f) DEFINITION.—In this section, the term ‘‘covered
17 cybersecurity capabilities’’ means any of the following:
18 (1) Commercial products (as defined in section
19 103 of title 41, United States Code) acquired and
20 deployed by the Department of Defense to satisfy
21 the cybersecurity requirements of one or more De-
22 partment components.
23 (2) Commercially available off-the-shelf items
24 (as defined in section 104 of title 41, United States
25 Code) acquired and deployed by the Department of
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1 Defense to satisfy the cybersecurity requirements of
2 one or more Department components.
3 (3) Noncommercial items acquired through the
4 Adaptive Acquisition Framework and deployed by
5 the Department of Defense to satisfy the cybersecu-
6 rity requirements of one or more Department com-
7 ponents.
8 Subtitle B—Information
9 Operations
10 SEC. 1521. REQUIREMENT TO NOTIFY CHIEF OF MISSION
11 OF MILITARY OPERATION IN THE INFORMA-
12 TION ENVIRONMENT.
13 Chapter 19 of title 10, United States Code, as

16 table of sections at the beginning of such chapter accord-
17 ingly):
18 ‘‘§ 399. Notifications relating to military operations in
19 the information environment: require-
20 ment to notify Chief of Mission
21 ‘‘The Secretary may not authorize a military oper-

22 ation in the information environment under this title in-
23 tended to cause an effect in a country unless the Secretary
24 fully informs the chief of mission for that country under
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1 section 207 of the Foreign Service Act of 1980 (22 U.S.C.
2 3927) of the planned operation.’’.
3 SEC. 1522. ASSESSMENT AND OPTIMIZATION OF DEPART-
4 MENT OF DEFENSE INFORMATION AND IN-
5 FLUENCE OPERATIONS CONDUCTED
6 THROUGH CYBERSPACE.
7 (a) ASSESSMENT AND PLAN.—Not later than 90 days

8 after the date of the enactment of this Act, the Principal
9 Information Operations Advisor and the Principal Cyber
10 Advisor to the Secretary of Defense shall complete both
11 an assessment and an optimization plan for information
12 and influence operations conducted through cyberspace.
15 (1) An inventory of the components of the De-
16 partment of Defense conducting information and in-
17 fluence operations conducted through cyberspace.
18 (2) An examination of sufficiency of resources
19 allocated for information and influence operations
20 conducted through cyberspace.
21 (3) An evaluation of the command and control,
22 oversight, and management of matters related to in-
23 formation and influence operations conducted
24 through cyberspace across the Office of the Sec-
25 retary of Defense and the Joint Staff.
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1 (4) An evaluation of the existing execution, co-
2 ordination, synchronization, deconfliction, and con-
3 sultative procedures and mechanisms for information
4 and influence operations conducted through cyber-
5 space.
6 (5) Any other matters determined relevant by
7 the Principal Information Operations Advisor and
8 the Principal Cyber Advisor to the Secretary of De-
9 fense.
10 (c) OPTIMIZATION PLAN.—The optimization plan
11 under subsection (a) shall include the following:
12 (1) Actions that the Department will implement
13 to improve the execution, coordination, synchroni-
14 zation, deconfliction, and consultative procedures
15 and mechanisms for information and influence oper-
16 ations conducted through cyberspace.
17 (2) An evaluation of potential organizational
18 changes required to optimize information and influ-
19 ence operations conducted through cyberspace.
20 (3) Any other matters determined relevant by
21 the Principal Information Operations Advisor and
22 the Principal Cyber Advisor to the Secretary of De-
23 fense.
24 (d) BRIEFINGS.—Not later than 30 days after com-
25 pleting the assessment and optimization plan under sub-
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1 section (a), the Principal Information Operations Advisor
2 and the Principal Cyber Advisor to the Secretary of De-
3 fense shall provide to the congressional defense commit-
4 tees a briefing on the assessment and plan.
5 (e) IMPLEMENTATION.—Not later than 180 days
6 after the date on which the briefing is provided under sub-
7 section (d), the Secretary of Defense shall implement the
8 optimization plan under subsection (a).
9 SEC. 1523. JOINT INFORMATION OPERATIONS COURSE.
10 (a) JOINT INFORMATION OPERATIONS COURSE.—

11 The Secretary of Defense shall develop and provide to
12 members of the Army, Navy, Air Force, Marine Corps,
13 and Space Force a course to prepare the members to plan
14 and conduct information operations in a joint environment
15 pursuant to title 10, United States Code. Such course
16 shall include—
17 (1) standardized qualifications and procedures
18 to enable the joint and synchronized employment of
19 information-related capabilities in the information
20 environment;
21 (2) joint methods to implement information op-
22 erations in a battlefield environment under any
23 ground force chain of command; and
24 (3) a curriculum covering applicable assets, core
25 information operations concepts, integration of ef-
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1 fects with a specific focus on information-related ef-
2 fects, operational methodology, multi-dimensional
3 targeting space, other information-related capabili-
4 ties defined by governing policy, instruction, publica-
5 tions, and doctrine, and any other topics or areas
6 determined necessary by the Secretary.
7 (b) CONSIDERATION OF ONGOING EFFORTS.—The
8 Secretary shall ensure that the course under subsection
9 (a) is developed in light of the information operations pos-
10 ture review, gap analysis, strategy update, and designation
11 of a Joint Force Trainer, occurring as of the date of the
13 (c) SEMIANNUAL REPORTS.—Subsequent to the de-
14 velopment of the course under subsection (a), on a semi-
15 annual basis through January 1, 2028, the Secretary shall
17 on the course. Each report shall include, with respect to
18 the period covered by the report—
19 (1) the number of members described in sub-
20 section (a) who attended the course; and
21 (2) an assessment of the value of the course
22 in—
23 (A) conducting joint operations in the in-
24 formation environment; and
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1 (B) the synchronized employment of infor-
2 mation-related capabilities in the information
3 environment.
4 SEC. 1524. LIMITATION ON AVAILABILITY OF CERTAIN
5 FUNDS UNTIL SUBMISSION OF JOINT LEXI-
6 CON FOR TERMS RELATED TO INFORMATION
7 OPERATIONS.

10 operation and maintenance, Defense-wide, and available
11 for the Office of the Secretary of Defense for the travel
12 of persons, not more than 75 percent may be obligated
13 or expended until the date on which the Secretary submits
15 Representatives and the Senate the joint lexicon for terms
16 related to information operations required by section
17 1631(g)(1)(D) of the National Defense Authorization Act
18 for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 397
19 note).
20 SEC. 1525. LIMITATION ON AVAILABILITY OF FUNDS PEND-
21 ING SUBMITTAL OF INFORMATION OPER-
22 ATIONS STRATEGY AND POSTURE REVIEW.

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1 of the Secretary of Defense for the travel of persons, not
2 more than 75 percent may be obligated or expended until
3 the date that is 15 days after the date on which the Sec-
4 retary of Defense submits to the Committees on Armed
6 the information operations strategy and posture review,
7 including the designation of Information Operations Force
8 Providers and Information Operations Joint Force Train-
9 ers for the Department of Defense, as required by section
10 1631(g) of the National Defense Authorization Act for
12 note).
14 FUNDS UNTIL SUBMISSION OF ASSESSMENTS
15 RELATING TO CYBERSECURITY OF THE DE-
16 FENSE INDUSTRIAL BASE.
17 (a) LIMITATION.—Of the funds authorized to be ap-

19 cal year 2023 for operation and maintenance, Defense-
20 wide, and available for the Office of the Secretary of De-
21 fense, not more than 75 percent may be obligated or ex-
22 pended until the Deputy Secretary of Defense—
23 (1) conducts the assessments under subsection
24 (b); and
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1 (2) provides to the congressional defense com-
2 mittees the briefing under subsection (c).
3 (b) ASSESSMENTS.—The Deputy Secretary shall con-
4 duct the following assessments:
5 (1) An assessment of the framework for cyber-
6 security of the defense industrial base required by
8 Act for Fiscal Year 2020 (Public Law 116-92; 10
9 U.S.C. 2224 note) to determine whether—
10 (A) the current framework and plans for
11 defense industrial base cybersecurity are suffi-
12 cient; and
13 (B) alternative or additional courses of ac-
14 tion should be considered or adopted, includ-
15 ing—
16 (i) establishing a secure software de-
17 velopment environment in a cloud environ-
18 ment inside the cybersecurity perimeter of
19 the Department for contractors to perform
20 their development work;
21 (ii) establishing a secure cloud envi-
22 ronment through which contractors may
23 access the data of the Department needed
24 for their contract work;
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1 (iii) enabling contractors to access cy-
2 bersecurity-as-a-service offerings, including
3 cybersecurity services provided by the De-
4 partment;
5 (iv) limiting the amount of program
6 information held at tiers of subcontractors
7 to that which is necessary for contract per-
8 formance; and
9 (v) mechanisms and processes to ra-
10 tionalize and integrate the many separately
11 managed defense industrial base cybersecu-
12 rity programs and activities conducted
13 across the Department of Defense.
14 (2) An assessment of past and future planned
15 activities of the Department of Defense in further-
16 ance of section 1724 of the William M. (Mac)
17 Thornberry National Defense Authorization Act for
18 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
19 2224), including a detailed review of roles and re-
20 sponsibilities, and supporting instructions and policy
21 documents, for the Principal Cyber Advisor of the
22 Department of Defense, the Chief Information Offi-
23 cer of the Department of Defense, the Under Sec-
24 retary of Defense for Acquisition and Sustainment,
25 the Under Secretary of Defense for Policy, and the
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1 Under Secretary of Defense for Intelligence and Se-
2 curity, and the Under Secretary of Defense (Comp-
3 troller).
4 (c) BRIEFING.—The Deputy Secretary shall provide
5 to the congressional defense committees a briefing on the
6 assessments conducted under subsection (b) and any deci-
7 sions of and directions by the Deputy Secretary for im-
8 proving the cybersecurity of the defense industrial base.
9 Subtitle C—Personnel
10 SEC. 1531. CYBER OPERATIONS-PECULIAR AWARDS.
11 Chapter 57 of title 10, United States Code, is amend-

12 ed by inserting after section 1124 the following new sec-
13 tion:
14 ‘‘§ 1124a. Cyber operations-peculiar awards
15 ‘‘(a) AUTHORITY.—The Secretary of Defense and the
16 Secretaries of the military departments may authorize the
17 payment of a cash award to, and incur necessary expense
18 for the honorary recognition of, a member of the covered
19 armed forces whose novel actions, invention, or technical
20 achievement enables or ensures operational outcomes in
21 or through cyberspace against threats to national security.
22 ‘‘(b) ACTIONS DURING SERVICE.—An award under
23 this section may be paid notwithstanding the member’s
24 death, separation, or retirement from the covered armed
25 forces. However, the novel action, invention, or technical
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1 achievement forming the basis for the award must have
2 been made while the member was on active duty or in an
3 active reserve status and not otherwise eligible for an
4 award under chapter 45 of title 5.
5 ‘‘(c) PAYMENT.—Awards to, and expenses for the
6 honorary recognition of, members of the covered armed
7 forces under this section may be paid from—
8 ‘‘(1) the funds or appropriations available to
9 the activity primarily benefiting from the novel ac-
10 tion, invention, or technical achievement; or
11 ‘‘(2) the several funds or appropriations of the
12 various activities benefiting from the novel action,
13 invention, or technical achievement.
14 ‘‘(d) AMOUNTS.—The total amount of the award, or
15 awards, made under this section for a novel action, inven-
16 tion, or technical achievement may not exceed $2,500, re-
17 gardless of the number of persons who may be entitled
18 to share therein.
19 ‘‘(e) REGULATIONS.—Awards under this section shall
20 be made under regulations to be prescribed by the Sec-
21 retary of Defense or by the Secretaries of the military de-
22 partments.
23 ‘‘(f) COVERED ARMED FORCES DEFINED.—In this
24 section, the term ‘covered armed forces’ means the Army,
25 Navy, Air Force, Marine Corps, and Space Force.’’.
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1 SEC. 1532. ESTABLISHMENT OF CYBER OPERATIONS DESIG-
2 NATOR AND RATING FOR THE NAVY.
3 (a) MILITARY CAREER FIELD.—

4 (1) OFFICERS.—Not later than 180 days after
6 of the Navy, in coordination with the Chief of Naval
7 Operations, shall establish a cyber warfare oper-
8 ations designator for officers (including an intended
9 billet base, functions, and training pipeline), which
10 shall be a separate designator from the cryptologic
11 warfare officer designator.
12 (2) ENLISTED.—Not later than 90 days after
13 the date of the enactment of this Act, the Secretary,
14 in coordination with the Chief, shall establish a
15 cyber warfare rating for enlisted personnel (includ-
16 ing an intended billet base, functions, and training
17 pipeline), which shall be a separate rating from the
18 cryptologic technician enlisted rating.
19 (3) PLAN.—Not later than 90 days after the
20 date of the enactment of this Act, the Secretary, in
21 coordination with the Chief, shall submit to the
23 resentatives and the Senate an implementation plan
24 to carry out paragraphs (1) and (2).
25 (b) REQUIREMENT.—
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1 (1) DEADLINE.—Except as provided by para-
2 graphs (2) and (3), the Secretary shall ensure that,
3 beginning October 1, 2025, members of the Navy as-
4 signed to the cyber mission force shall be qualified
5 with either the designator or rating established
6 under subsection (a), as the case may be.
7 (2) EXCEPTION.—The requirement under para-
8 graph (1) shall not apply to—
9 (A) a member of the Navy who is assigned
10 to the cyber mission force under orders issued
11 before October 1, 2025; or
12 (B) a position whose primary function is
13 the provision of intelligence, foreign language,
14 or administrative support to the cyber mission
15 force.
16 (3) WAIVER.—The Secretary may waive, on a
17 case-by-case basis, the requirement under paragraph
18 (1), except that the total number of such waivers
19 made during a fiscal year may not exceed 10 percent
20 of the total number of members of the Navy as-
21 signed to the cyber mission force (not counting
22 members assigned to a position described in para-
23 graph (2)(B)).
24 (c) RESERVE MATTERS.—Not later than 180 days
25 after the date of the enactment of this Act, the Secretary,
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1 in coordination with the Chief, shall direct the Chief of
2 Navy Reserve to establish, and retain, a cadre of members
3 of the Navy Reserve with the designator and rating estab-
4 lished under subsection (a).
5 (d) OFFICER QUALIFICATIONS AND TRAINING.—The
6 Secretary, in coordination with the Chief of Naval Oper-
7 ations and in consultation with the Commander of the
8 United States Cyber Command, shall ensure that the des-
9 ignator established under subsection (a)(1) includes the
10 development and execution of a training curriculum and
11 qualification standards commensurate with those of the
12 cyber officers of the Army and the Air Force.
13 (e) COMMUNITY MANAGEMENT.—Not later than 270
15 retary, acting through the Principal Cyber Advisor of the
16 Navy, shall submit to the congressional defense commit-
17 tees, and provide to such committees a briefing on, the
18 findings of a study on whether the designator and rating
19 established under subsection (a), along with the Maritime
20 Space Officer and the Cyberspace Warfare Engineer,
21 should continue to be considered part of the information
22 warfare community.
23 (f) REPORT.—Not later than one year after the date
24 of the enactment of this Act, the Secretary shall submit
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1274
1 Representatives and Senate a report certifying that the
2 following actions have been carried out or are in the proc-
3 ess of being completed (including detailed explanations):
4 (1) An identification by the Chief of Naval Op-
5 erations of the resource manager within the Office
6 of the Chief of Naval Operations for the designator
7 and rating established under subsection (a).
8 (2) An identification by the Chief of the type
9 command at United States Fleet Forces Command
10 responsible for manning and training the designator
11 and rating established under subsection (a).
12 (3) An inventory of those billets within the
13 Cyber Mission Force, or any other service or joint
14 assignment that requires personnel (both officer and
15 enlisted) to conduct operations through cyberspace.
16 (4) An inventory and position description of the
17 those positions within the Cyber Mission Force that
18 have been identified under subsection (b)(2)(B).
19 (5) A funding profile detailing the complete
20 costs associated with the designator and rating es-
21 tablished under subsection (a), including costs asso-
22 ciated with meeting the training requirements of the
23 United States Cyber Command for the period cov-
24 ered by the most recent future-years defense pro-
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1 gram submitted to Congress under section 221 of
3 (6) An inventory of all flag officer positions at
4 joint and naval components and commands con-
5 ducting or managing cyberspace operations and ac-
6 tivities, including with respect to—
7 (A) the United States Cyber Command;
8 (B) the Fleet Cyber Command;
9 (C) Joint Forces Headquarters-Cyber,
10 Navy;
11 (D) 10th Fleet;
12 (E) the Deputy Chief of Naval Operations
13 for Information Warfare and the Director of
14 Naval Intelligence; and
15 (F) Naval Information Forces.
16 (7) An update to the plan required under sub-
17 section (a)(3), including timelines and procedures,
18 for filling the positions within the cyber mission
19 force for which the Secretary is responsible.
20 (8) Any anticipated changes to the end-strength
21 of the Navy by reason of establishing the designator
22 and rating under subsection (a).
23 (9) The implementation of the designator and
24 rating established under subsection (a) within the
25 Navy Reserve.
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1 (10) The development and execution of the
2 training curriculum and qualification standards
3 under subsection (d).
4 (g) LEADERSHIP QUALIFICATIONS.—The Secretary
5 shall ensure that flag officers with the cyber warfare oper-
6 ations designator established under subsection (a) are pri-
7 marily employed in billets identified under subsection
8 (f)(6).
9 (h) DETERMINATION BY CYBER COMMAND.—Not
10 later than 60 days after the date on which the Secretary
11 submits the report under subsection (f), the Commander
12 of the United States Cyber Command shall submit to the
14 atives and Senate a determination with respect to whether
15 the matters contained in the report satisfy the require-
16 ments of the United States Cyber Command.
17 SEC. 1533. TOTAL FORCE GENERATION FOR THE CYBER-
18 SPACE OPERATIONS FORCES.
19 (a) STUDY.—
20 (1) REQUIREMENT.—Not later than June 1,
21 2024, the Secretary of Defense shall complete a
22 study on the responsibilities of the military services
23 for organizing, training, and presenting the total
24 force to United States Cyber Command.
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2 (1) shall assess the following:
3 (A) Which military services should man,
4 train, equip, and organize the forces necessary
5 to execute the functions and missions of the
6 Cyber Mission Force and the Cyberspace Oper-
7 ations Forces for assignment, allocation, and
8 apportionment to, or under the directive author-
9 ity of, the United States Cyber Command.
10 (B) The sufficiency of the military service
11 accession and training model to provide forces
12 to the Cyberspace Operations Forces and the
13 sufficiency of the accessions and personnel
14 resourcing of the supporting command and con-
15 trol staffs necessary as a component to the
16 United States Cyber Command.
17 (C) The organization of the Cyber Mission
18 Forces and whether the total forces or elements
19 of the forces function best as a collection of
20 independent teams or through a different
21 model.
22 (D) How to correct chronic shortages of
23 proficient personnel in key work roles.
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1 (E) The need for additional work roles or
2 skills to enable effective infrastructure manage-
3 ment and generate access to targets.
4 (F) What unique or training-intensive ex-
5 pertise is required for each of the work roles
6 identified in subparagraph (E) and whether na-
7 tive talents to master unique and training-in-
8 tensive work roles can be identified and how
9 personnel with those talents can be developed,
10 retained, and employed across the active and
11 reserve components.
12 (G) The appropriate pay scales, rotation or
13 force management policies, career paths and
14 progression, expertise-based grading, talent
15 management practices, and training for each of
16 those work roles, given expected operational re-
17 quirements.
18 (H) Whether a single military service
19 should be responsible for basic, intermediate,
20 and advanced training for the Cyber Mission
21 Force.
22 (I) The level of training required before an
23 individual should be assigned, allocated, or ap-
24 portioned to the United States Cyber Com-
25 mand.
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1 (J) Whether or how the duties of the Di-
2 rector of the National Security Agency and the
3 duties of the Commander of United States
4 Cyber Command, resting with a single indi-
5 vidual, enable each respective organization, and
6 whether technical directors and intelligence ex-
7 perts of the National Security Agency should
8 serve rotations in the Cyber Mission Force.
9 (K) How nonmilitary personnel, such as ci-
10 vilian government employees, contracted ex-
11 perts, commercial partners, and domain or tech-
12 nology-specific experts in industry or the intel-
13 ligence community can serve in, augment, or
14 support Cyber Mission Force teams.
15 (L) What work roles in the Cyberspace
16 Operations Forces can only be filled by military
17 personnel, which work roles can be filled by ci-
18 vilian employees or contractors, and which work
19 roles should be filled partially or fully by civil-
20 ians due to the need for longevity of service to
21 achieve required skill levels or retention rates.
22 (M) How specialized cyber experience, de-
23 veloped and maintained in the reserve compo-
24 nent, can be more effectively leveraged to sup-
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1 port the Cyberspace Operations Forces through
2 innovative force generation models.
3 (N) Whether the Department of Defense
4 should create a separate service to perform the
5 functions and missions currently performed by
6 Cyber Mission Force units generated by mul-
7 tiple military services.
8 (O) Whether the Department of Defense is
9 maximizing partnerships with industry and
10 other nontraditional sources of expertise and
11 capacity in the areas of critical infrastructure
12 protection and information sharing.
13 (P) Whether the Defense Readiness Re-
14 porting System of the Department of Defense is
15 sufficient to capture Cyber Mission Force readi-
16 ness metrics.
17 (3) CONSIDERATIONS.—The study required by
18 paragraph (1) shall consider existing models for
19 total force generation practices and programs, as
20 well as nontraditional and creative alternatives.
21 (b) RECOMMENDATIONS.—
22 (1) IN GENERAL.—Not later than June 1,
23 2024, the Principal Cyber Advisor of the Depart-
24 ment of Defense and the Commander of the United
25 States Cyber Command shall submit to the Sec-
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1 retary of Defense one or more recommendations, re-
2 spectively, as to the future total force generation
3 model for both the Cyber Mission Force and the
4 Cyberspace Operations Forces.
5 (2) MATTERS ADDRESSED.—The recommenda-
6 tions under paragraph (1) shall address, at a min-
7 imum, each of the elements identified in subsection
8 (a)(2).
9 (c) ESTABLISHMENT OF A REVISED MODEL RE-
10 QUIRED.—
11 (1) IN GENERAL.—Not later than December 31,

12 2024, the Secretary of Defense shall establish a re-
13 vised total force generation model for the Cyberspace
14 Operations Forces.
15 (2) ELEMENTS.—In establishing a revised total
16 force generation model under paragraph (1), the
17 Secretary shall explicitly determine the following:
18 (A) Whether the Navy should no longer be
19 responsible for developing and presenting forces
20 to the United States Cyber Command as part
21 of the Cyber Mission Force or Cyberspace Op-
22 erations Forces, including recommendations for
23 corresponding transfer of responsibilities and
24 associated resources and personnel for the exist-
25 ing and future year programmed Cyberspace
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1 Operations Forces or Cyber Mission Force re-
2 sources.
3 (B) Whether a single military service
4 should be responsible for organizing, training,
5 and equipping the Cyberspace Operations
6 Forces, or if different services should be respon-
7 sible for different components of the Cyberspace
8 Operations Forces.
9 (C) Whether modification of United States
10 Cyber Command enhanced budget control au-
11 thorities are necessary to further improve total
12 force generation for Cyberspace Operations
13 Forces.
14 (D) Implications of low service retention
15 rates for critical roles within the Cyber Mission
16 Force, and the mix of actions necessary to cor-
17 rect them, including multiple rotations in crit-
18 ical work roles, length of service commitments,
19 repeat tours within the Cyber Mission Force,
20 retention incentives across the entire Cyber-
21 space Operations Forces, and best practices for
22 generating the future force.
23 (d) IMPLEMENTATION PLAN.—Not later than June
24 1, 2025, the Secretary shall submit to the congressional
25 defense committees an implementation plan for effecting
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1 the revised total force generation model required under
2 subsection (c).
3 (e) PROGRESS BRIEFING.—Not later than 90 days
4 after the date of the enactment of this Act, and not less
5 frequently than once every 180 days thereafter until re-
6 ceipt of the plan required by subsection (d), the Secretary
7 shall provide the congressional defense committees with a
8 briefing on the progress made in carrying out this section.
9 (f) ADDITIONAL CONSIDERATIONS.—The Secretary
10 shall ensure that subsections (a) through (c) are carried
11 out with consideration to matters relating to the following:
12 (1) The cybersecurity service providers, local
13 defenders, and information technology personnel who
14 own, operate, and defend the information networks
16 (2) Equipping the Cyberspace Operations
17 Forces to include infrastructure management.
18 (3) Providing intelligence support to the Cyber-
19 space Operations Forces.
20 (4) The resources, including billets, needed to
21 account for any recommended changes.
22 SEC. 1534. CORRECTING CYBER MISSION FORCE READI-
23 NESS SHORTFALLS.
24 (a) PLAN AND BRIEFING REQUIRED.—Not later than

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1 Secretary of Defense, the Chairman of the Joint Chiefs
2 of Staff, and the Secretaries of the military departments
3 shall jointly—
4 (1) develop a near-term plan to correct readi-
5 ness shortfalls in the Cyber Mission Forces over the
6 period covered by the most recent future-years de-
7 fense program submitted to Congress under section
8 221 of title 10, United States Code;
9 (2) develop recommendations for such legisla-
10 tive action as the Secretary of Defense, the Chair-
11 man, and the Secretaries of the military depart-
12 ments jointly consider appropriate to correct the
13 readiness shortfalls described in paragraph (1); and
15 mittees a briefing on the plan under paragraph (1)
16 and the recommendations under paragraph (2).
17 (b) IMPLEMENTATION.—Not later than 30 days after
18 the date of the briefing provided under paragraph (3) of
19 subsection (a), the Secretary of Defense and the Chairman
20 shall commence implementation of the aspects of the plan
21 developed under paragraph (1) of such subsection that are
22 not dependent upon legislative action.
23 (c) MATTERS TO BE ADDRESSED.—In developing the
24 plan under paragraph (1) of subsection (a), the Secretary
25 of Defense, the Chairman, and the Secretaries of the mili-
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1 tary departments shall consider and explicitly address
2 through analysis the following potential courses of action,
3 singly and in combination, to increase the availability of
4 personnel in key work roles:
5 (1) Determining the correct number of per-
6 sonnel necessary to fill key work roles, including the
7 proper force mix of civilian, military, and contractor
8 personnel, and the means necessary to meet those
9 requirements.
10 (2) Employing civilians rather than military
11 personnel in key work roles.
12 (3) Expanding training capacity.
13 (4) Modifying or creating new training models.
14 (5) Maximizing use of compensation and incen-
15 tive authorities, including increasing bonuses and
16 special pays, and alternative compensation mecha-
17 nisms.
18 (6) Modifying career paths and service policies
19 to permit consecutive assignments in key work roles
20 without jeopardizing promotion opportunities.
21 (7) Increasing service commitments following
22 training commensurate with the value of the key
23 work role training.
24 (8) Standardizing compensation models across
25 the services.
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1 (9) Requiring multiple rotations within the
2 Cyber Mission Forces for key work roles.
3 (10) Adopting and implementing what are
4 known as ‘‘rank in person’’ policies that enable civil-
5 ian personnel to be promoted on the basis of skills
6 and abilities demonstrated in a given position.
7 (11) A review of departmental guidance and
8 processes consistent with section 167b(d)(2)(A)(x) of
9 title 10, United States Code, with respect to the au-
10 thority of the Commander of United States Cyber
11 Command to monitor the promotions of certain
12 cyber operations forces and coordinate with the Sec-
13 retaries regarding the assignment, retention, train-
14 ing, professional military education, and special and
15 incentive pays of certain cyber operations forces, in-
16 cluding—
17 (A) the recruiting, retention, professional
18 military education, and promotion of certain
19 cyber operations personnel;
20 (B) the sharing of personnel data between
21 the military departments and the United States
22 Cyber Command; and
23 (C) structures, departmental guidance, and
24 processes developed between the military de-
25 partments and the United States Special Oper-
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1 ations Command with respect to the authority
2 of the Commander of the United States Special
3 Operations Command described in section
4 167(e)(2)(J) of title 10, United States Code,
5 that could be used as a model for the United
6 States Cyber Command.
7 (d) KEY WORK ROLES DEFINED.—In this section,
8 the term ‘‘key work roles’’ means work roles that consist
9 of access development, tool development, and exploitation
10 analysis.
11 SEC. 1535. DEPARTMENT OF DEFENSE CYBER AND DIGITAL
12 SERVICE ACADEMY.
14 (1) IN GENERAL.—The Secretary of Defense, in
15 consultation with the Secretary of Homeland Secu-
16 rity and the Director of the Office of Personnel and
17 Management, shall establish a program to provide fi-
18 nancial support for pursuit of programs of education
19 at institutions of high education in covered dis-
20 ciplines.
21 (2) COVERED DISCIPLINES.—For purposes of
22 the Program, a covered discipline is a discipline that
23 the Secretary of Defense determines is critically
24 needed and is cyber- or digital technology-related,
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1 (A) Computer-related arts and sciences.
2 (B) Cyber-related engineering.
3 (C) Cyber-related law and policy.
4 (D) Applied analytics related sciences, data
5 management, and digital engineering, including
6 artificial intelligence and machine learning.
7 (E) Such other disciplines relating to
8 cyber, cybersecurity, digital technology, or sup-
9 porting functions as the Secretary of Defense
11 (3) DESIGNATION.—The program established
12 under paragraph (1) shall be known as the ‘‘Depart-
13 ment of Defense Cyber and Digital Service Acad-
14 emy’’ (in this section referred to as the ‘‘Program’’).
15 (b) PROGRAM DESCRIPTION AND COMPONENTS.—
16 The Program shall—
17 (1) provide scholarships through institutions of
18 higher education to students who are enrolled in pro-
19 grams of education at such institutions leading to
20 degrees or specialized program certifications in cov-
21 ered disciplines; and
22 (2) prioritize the placement of scholarship re-
23 cipients fulfilling the post-award employment obliga-
24 tion under this section.
25 (c) SCHOLARSHIP AMOUNTS.—
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1 (1) AMOUNT OF ASSISTANCE.—(A) Each schol-
2 arship under the Program shall be in such amount
3 as the Secretary determines necessary—
4 (i) to pay all educational expenses incurred
5 by that person, including tuition, fees, cost of
6 books, and laboratory expenses, for the pursuit
7 of the program of education for which the as-
8 sistance is provided under the Program; and
9 (ii) to provide a stipend for room and
10 board.
11 (B) The Secretary shall ensure that expenses
12 paid are limited to those educational expenses nor-
13 mally incurred by students at the institution of high-
14 er education involved.
15 (2) SUPPORT FOR INTERNSHIP ACTIVITIES.—
16 The financial assistance for a person under this sec-

17 tion may also be provided to support internship ac-
18 tivities of the person in the Department of Defense
19 and combat support agencies in periods between the
20 academic years leading to the degree or specialized
21 program certification for which assistance is pro-
22 vided the person under the Program.
23 (3) PERIOD OF SUPPORT.—Each scholarship
24 under the Program shall be for not more than 5
25 years.
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1 (4) ADDITIONAL STIPEND.—Students dem-
2 onstrating financial need, as determined by the Sec-
3 retary, may be provided with an additional stipend
4 under the Program.
5 (d) POST-AWARD EMPLOYMENT OBLIGATIONS.—
6 Each scholarship recipient, as a condition of receiving a
7 scholarship under the Program, shall enter into an agree-
8 ment under which the recipient agrees to work for a period
9 equal to the length of the scholarship, following receipt
10 of the student’s degree or specialized program certifi-
11 cation, in the cyber- and digital technology-related mis-
12 sions of the Department, in accordance with the terms and
13 conditions specified by the Secretary in regulations the
14 Secretary shall promulgate to carry out this subsection.
15 (e) HIRING AUTHORITY.—In carrying out this sec-
16 tion, specifically with respect to enforcing the obligations
17 and conditions of employment under subsection (d), the
18 Secretary may use any authority otherwise available to the
19 Secretary for the recruitment, employment, and retention
20 of civilian personnel within the Department, including au-
21 thority under section 1599f of title 10, United States
22 Code.
23 (f) ELIGIBILITY.—To be eligible to receive a scholar-
24 ship under the Program, an individual shall—
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1 (1) be a citizen or lawful permanent resident of
2 the United States;
3 (2) demonstrate a commitment to a career in
4 improving the security of information technology or
5 advancing the development and application of digital
6 technology;
7 (3) have demonstrated a high level of com-
8 petency in relevant knowledge, skills, and abilities,
9 as defined by the national cybersecurity awareness
10 and education program under section 303 of the Cy-
11 bersecurity Enhancement Act of 2014 (15 U.S.C.
12 7443);
13 (4) be a full-time student, or have been accept-
14 ed as a full-time student, in a program leading to a
15 degree or specialized program certification in a cov-
16 ered discipline at an institution of higher education;
17 (5) enter into an agreement accepting and ac-
18 knowledging the post award employment obligations,
19 pursuant to section (d);
20 (6) accept and acknowledge the conditions of
21 support under section (g); and
22 (7) meet such other requirements for a scholar-
23 ship as determined appropriate by the Secretary.
24 (g) CONDITIONS OF SUPPORT.—
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1 (1) IN GENERAL.—As a condition of receiving a
2 scholarship under this section, a recipient shall agree
3 to provide the Office of Personnel Management (in
4 coordination with the Department of Defense) and
5 the institutions of higher education described in sub-
6 section (a)(1) with annual verifiable documentation
7 of post-award employment and up-to-date contact in-
8 formation.
9 (2) TERMS.—A scholarship recipient under the
10 Program shall be liable to the United States as pro-
11 vided in subsection (i) if the individual—
12 (A) fails to maintain an acceptable level of
13 academic standing at the applicable institution
14 of higher education, as determined by the Sec-
15 retary;
16 (B) is dismissed from the applicable insti-
17 tution of higher education for disciplinary rea-
18 sons;
19 (C) withdraws from the eligible degree pro-
20 gram before completing the Program;
21 (D) declares that the individual does not
22 intend to fulfill the post-award employment ob-
23 ligation under this section;
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1 (E) fails to maintain or fulfill any of the
2 post-graduation or post-award obligations or re-
3 quirements of the individual; or
4 (F) fails to fulfill the requirements of para-
5 graph (1).
6 (h) MONITORING COMPLIANCE.—As a condition of
7 participating in the Program, an institution of higher edu-
8 cation shall—
9 (1) enter into an agreement with the Secretary
10 to monitor the compliance of scholarship recipients
11 with respect to their post-award employment obliga-
12 tions; and
13 (2) provide to the Secretary and the Director of
14 the Office of Personnel Management, on an annual
15 basis, the post-award employment documentation re-
16 quired under subsection (g)(1) for scholarship recipi-
17 ents through the completion of their post-award em-
18 ployment obligations.
19 (i) AMOUNT OF REPAYMENT.—
20 (1) LESS THAN 1 YEAR OF SERVICE.—If a cir-
21 cumstance described in subsection (g)(2) occurs be-
22 fore the completion of 1 year of a post-award em-
23 ployment obligation under the Program, the total
24 amount of scholarship awards received by the indi-
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1 vidual under the Program shall be considered a debt
2 to the Government and repaid in its entirety.
3 (2) 1 OR MORE YEARS OF SERVICE.—If a cir-
4 cumstance described in subparagraph (D) or (E) of
5 subsection (g)(2) occurs after the completion of 1 or
6 more years of a post-award employment obligation
7 under the Program, the total amount of scholarship
8 awards received by the individual under the Pro-
9 gram, reduced by the ratio of the number of years
10 of service completed divided by the number of years
11 of service required, shall be considered a debt to the
12 Government and repaid in accordance with sub-
13 section (j).
14 (j) REPAYMENTS.—A debt described subsection (i)
15 shall be subject to repayment, together with interest there-
16 on accruing from the date of the scholarship award, in
17 accordance with terms and conditions specified by the Sec-
18 retary in regulations promulgated to carry out this sub-
19 section.
20 (k) COLLECTION OF REPAYMENT.—
21 (1) IN GENERAL.—In the event that a scholar-
22 ship recipient is required to repay the scholarship
23 award under the Program, the institution of higher
24 education providing the scholarship shall—
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1 (A) determine the repayment amounts and
2 notify the recipient, the Secretary, and the Di-
3 rector of the Office of Personnel Management
4 of the amounts owed; and
5 (B) collect the repayment amounts within
6 a period of time as determined by the Sec-
7 retary.
8 (2) RETURNED TO TREASURY.—Except as pro-
9 vided in paragraph (3), any repayment under this
10 subsection shall be returned to the Treasury of the
11 United States.
12 (3) RETAIN PERCENTAGE.—An institution of
13 higher education may retain a percentage of any re-
14 payment the institution collects under this sub-
15 section to defray administrative costs associated with
16 the collection. The Secretary shall establish a single,
17 fixed percentage that will apply to all eligible enti-
18 ties.
19 (l) PUBLIC INFORMATION.—
20 (1) EVALUATION.—The Secretary, in coordina-
21 tion with the Director of the Office of Personnel
22 Management, shall periodically evaluate and make
23 public, in a manner that protects the personally
24 identifiable information of scholarship recipients, in-
25 formation on the success of recruiting individuals for
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1 scholarships under the Program and on hiring and
2 retaining those individuals in the Department of De-
3 fense workforce, including information on—
4 (A) placement rates;
5 (B) where students are placed, including
6 job titles and descriptions;
7 (C) salary ranges for students not released
8 from obligations under this section;
9 (D) how long after graduation students are
10 placed;
11 (E) how long students stay in the positions
12 they enter upon graduation;
13 (F) how many students are released from
14 obligations; and
15 (G) what, if any, remedial training is re-
16 quired.
17 (2) REPORTS.—The Secretary, in consultation
18 with the Office of Personnel Management, shall sub-
19 mit, not less frequently than once every two years,
20 to Congress a report, including—
21 (A) the results of the evaluation under
22 paragraph (1);
23 (B) the disparity in any reporting between
24 scholarship recipients and their respective insti-
25 tutions of higher education; and
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1 (C) any recent statistics regarding the size,
2 composition, and educational requirements of
3 the relevant Department of Defense workforce.
4 (3) RESOURCES.—The Secretary, in coordina-
5 tion with the Director of the Office of Personnel
6 Management, shall provide consolidated and user-
7 friendly online resources for prospective scholarship
8 recipients, including, to the extent practicable—
9 (A) searchable, up-to-date, and accurate
10 information about participating institutions of
11 higher education and job opportunities relating
12 to covered disciplines; and
13 (B) a modernized description of careers in
14 covered disciplines.
15 (m) ALLOCATION OF FUNDING.—
16 (1) IN GENERAL.—Not less than 50 percent of
17 the amount available for financial assistance under
18 this section for a fiscal year shall be available only
19 for providing financial assistance for the pursuit of
20 programs of education referred to in subsection
21 (b)(1) at institutions of higher education that have
22 established, improved, or are administering pro-
23 grams of education in disciplines under the grant
24 program established in section 2200b of title 10,
25 United States Code, as determined by the Secretary.
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1 (2) ASSOCIATE DEGREES.—Not less than five
2 percent of the amount available for financial assist-
3 ance under this section for a fiscal year shall be
4 available for providing financial assistance for the
5 pursuit of an associate degree at an institution de-
7 (n) BOARD OF DIRECTORS.—In order to help identify
8 workforce needs and trends relevant to the Program, the
9 Secretary may establish a board of directors for the Pro-
10 gram that consists of representatives of Federal depart-
11 ments and agencies.
12 (o) COMMENCEMENT OF PROGRAM.—The Secretary
13 shall commence the Program as early as practicable, with
14 the first scholarships awarded under the Program for the
15 academic year beginning no later than the fall semester
16 of 2024.
17 SEC. 1536. REPORT ON RECOMMENDATIONS FROM NAVY CI-
18 VILIAN CAREER PATH STUDY.
19 (a) REPORT.—
22 retary of the Navy shall submit to the congressional
23 defense committees a report on the recommendations
24 made in the report submitted to the congressional
25 defense committees under section 1653(a)(2) of the
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2 2020 (Public Law 116–92; 133 Stat. 1763) relating
3 to improving cyber career paths in the Navy.
4 (2) CONTENTS.—The report under paragraph
6 (A) A description of each recommendation
7 described in such paragraph that has already
8 been implemented.
9 (B) A description of each recommendation
10 described in such paragraph that the Secretary
11 has commenced implementing, including a jus-
12 tification for determining to commence imple-
13 menting the recommendation.
14 (C) A description of each recommendation
15 described in such paragraph that the Secretary
16 has not implemented or commenced imple-
17 menting and a determination as to whether or
18 not to implement the recommendation.
19 (D) For each recommendation under sub-
20 paragraph (C) that the Secretary determines to
21 implement—
22 (i) a timeline for implementation;
23 (ii) a description of any additional re-
24 sources or authorities required for imple-
25 mentation; and
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1 (iii) the plan for implementation.
2 (E) For each recommendation under sub-
3 paragraph (C) that the Secretary determines
4 not to implement, a justification for the deter-
5 mination not to implement.
6 (3) FORMAT.—The report under paragraph (1)
7 shall be submitted in unclassified form, but may in-
8 clude a classified annex.
9 (b) REVIEW BY COMPTROLLER GENERAL OF THE
10 UNITED STATES.—
11 (1) REVIEW.—Not later than 180 days after
12 the date on which the Secretary submits the report
13 under subsection (a), the Comptroller General of the
14 United States shall conduct a review of such report.
15 (2) ELEMENTS.—The review under paragraph
16 (1) shall include an assessment of the following:
17 (A) The extent to which the Secretary has
18 implemented the recommendations described in
20 (B) Additional recommended actions for
21 the Secretary to take to improve the readiness
22 and retention of the cyber workforce of the
23 Navy.
25 days after the date on which the Secretary submits
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1 the report under subsection (a), the Comptroller
2 General shall provide to the congressional defense
3 committees a briefing on the preliminary findings of
4 the Comptroller General with respect to the review
5 conducted under paragraph (1).
6 (4) FINAL REPORT.—The Comptroller General
8 a report on the findings of the Comptroller General
9 with respect to the review under paragraph (1) at
10 such time and in such format as is mutually agreed
11 upon by the committees and the Comptroller Gen-
12 eral at the time of the briefing under paragraph (3).
13 SEC. 1537. STUDY TO DETERMINE OPTIMAL STRATEGY FOR
14 STRUCTURING AND MANNING ELEMENTS OF
15 JOINT FORCE HEADQUARTERS–CYBER ORGA-
16 NIZATIONS, JOINT MISSION OPERATIONS
17 CENTERS, AND CYBER OPERATIONS-INTE-
18 GRATED PLANNING ELEMENTS.
19 (a) STUDY.—
20 (1) REQUIREMENT.—The Principal Cyber Advi-
21 sor of the Department of Defense, in coordination
22 with the commanders of the combatant commands,
23 shall conduct a study to determine the optimal strat-
24 egy for structuring and manning elements of the fol-
25 lowing:
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1 (A) Joint Force Headquarters Cyber Orga-
2 nizations.
3 (B) Joint Mission Operations Centers.
4 (C) Cyber Operations–Integrated Planning
5 Elements.
6 (D) Joint Cyber Centers.
8 (1) shall include an assessment of each of the fol-
9 lowing:
10 (A) Operational effects on the military
11 services if each of the entities listed in subpara-
12 graphs (A) through (C) of paragraph (1) are
13 restructured from organizations that are com-
14 ponents of the military services to joint organi-
15 zations.
16 (B) Existing barriers or impediments to
17 designate positions within each of the entities
18 listed in such subparagraphs (A), (B), and (C)
19 as joint billets for joint qualification purposes.
20 (C) Operational and organizational effects
21 on the military services, the United States
22 Cyber Command, other combatant commands,
23 and the Joint Staff if the entities listed in sub-
24 paragraphs (A) through (D) of paragraph (1)
25 are realigned, restructured, or consolidated.
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1 (D) Operational and organizational effects
2 and advisement of standardizing a minimum set
3 of roles and responsibilities of the Joint Cyber
4 Centers, or the equivalent entity, of the combat-
5 ant commands.
6 (E) Clarification of the relationship and
7 differentiation between Cyber Operations–Inte-
8 grated Planning Elements and Joint Cyber
9 Centers of the combatant commands.
10 (F) A complete inventory of mission essen-
11 tial tasks for the entities listed in such subpara-
12 graphs (A) through (D).
13 (G) A description of cyber activities in geo-
14 graphic and functional combatant command
15 campaign plans and resources aligned to those
16 activities.
17 (b) BRIEFINGS.—Not later than 180 days after the
18 date of the enactment of this Act, and not less frequently
19 than once every 120 days until March 31, 2024, the Prin-
20 cipal Cyber Advisor of the Department shall provide to
21 the Committees on Armed Services of the Senate and the
22 House of Representatives a briefing on the status of the
23 study under subsection (a).
24 (c) REPORT.—
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1 (1) REQUIREMENT.—Not later than March 31,
2 2024, the Principal Cyber Advisor of the Depart-
3 ment shall submit to the Committees on Armed
5 tives a report on the study under subsection (a).
6 (2) CONTENTS.—The report under paragraph
7 (1) shall contain the following:
8 (A) The findings of the Principal Cyber
9 Advisor with respect to the study under sub-
10 section (a).
11 (B) Details of the operational and organi-
12 zational effects assessed under paragraph (2) of
13 such subsection.
14 (C) A plan to carry out the transfer de-
15 scribed in subparagraph (B) of such paragraph
16 and the associated costs, as appropriate.
17 (D) A plan to realign, restructure, or con-
18 solidate the entities listed in subparagraphs (A)
19 through (D) of subsection (a)(1).
20 (E) Such other matters as the Principal
21 Cyber Advisor considers appropriate.
22 SEC. 1538. MANNING REVIEW OF SPACE FORCE CYBER
23 SQUADRONS.

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1 the Air Force, in coordination with the Chief of Space Op-
2 erations, shall submit to the congressional defense com-
3 mittees a review of the manning required to fully staff the
4 current and planned cyber squadrons of the Space Force.
5 (b) MATTERS INCLUDED.—
6 (1) ELEMENTS.—The review under subsection
7 (a) shall include considerations of the following:
8 (A) The specific sourcing of existing billets
9 of the Space Force optimally postured for
10 transfer to cyber squadrons.
11 (B) The administrative processes required
12 to shift billets and existing funding to cyber
13 squadrons.
14 (C) The responsibilities and functions per-
15 formed by military personnel and civilian per-
16 sonnel.
17 (D) The benefits and risks to the Space
18 Force approach of transferring billets to cyber
19 squadrons.
20 (2) ROADMAP.—The review under subsection
21 (a) shall include a transition roadmap that outlines
22 a comprehensive transition for the transfer of billets
23 described in paragraph (1) by not later than Sep-
24 tember 30, 2024.
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1 SEC. 1539. INDEPENDENT REVIEW OF POSTURE AND STAFF-
2 ING LEVELS OF OFFICE OF THE CHIEF IN-
3 FORMATION OFFICER.

6 shall seek to enter into an agreement with an appropriate
7 non-Department of Defense entity for the conduct of a
8 comprehensive review of the posture and adequacy of the
9 staffing levels of the Office of the Chief Information Offi-
10 cer of the Department of Defense, as of the date of the
12 (b) MATTERS FOR CONSIDERATION.—An agreement
13 under subsection (a) shall specify that the review con-
14 ducted under the agreement shall include the evaluation
15 of each of the following:
16 (1) Any limitations or constraints of the Office
17 of the Chief Information Officer in performing the
18 entirety of the responsibilities specified in section
19 142(b) of title 10, United States Code, and respon-
20 sibilities assigned by the Secretary of Defense, based
21 on the staffing levels of the Office as of the date of
23 (2) The composition of civilian, military, and
24 contractor personnel assigned to the Office of the
25 Chief Information Officer, as of such date, including
26 the occupational series and military occupational
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1307
1 specialties of such personnel, relative to the respon-
2 sibilities specified in paragraph (1).
3 (3) The organizational construct of the Office
4 of the Chief Information Officer, as of such date.
5 (c) RECOMMENDATIONS.—An agreement under sub-
6 section (a) shall specify that the review conducted under
7 the agreement shall include recommendations for the
8 Chief Information Officer and the congressional defense
9 committees, including recommendations derived from the
10 matters for consideration specified under subsection (b).
11 (d) SUBMISSION.—Not later than 30 days after the
12 date of the completion of the review under subsection (a),
14 defense committees a copy of the review.
15 SEC. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CY-
16 BERSECURITY RESERVE FOR DEPARTMENT
17 OF DEFENSE.

19 date of enactment of this Act, the Secretary of Defense
20 shall seek to enter into an agreement with a nonprofit en-
21 tity or a federally funded research and development center
22 with expertise in cybersecurity and workforce management
23 to conduct an assessment of the feasibility and advisability
24 of creating and maintaining a civilian cybersecurity re-
25 serve corps to enable the Department of Defense and mili-
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1308
1 tary services to provide qualified civilian manpower to the
2 Department of Defense to effectively respond to signifi-
3 cant cyber incidents or to assist in solving other exception-
4 ally difficult cyber workforce-related challenges.
5 (b) CONSIDERATION OF PRIOR REPORT.—
6 (1) IN GENERAL.—In conducting the assess-
7 ment required by subsection (a), the entity or center
8 shall take into consideration the results of the eval-
9 uation of nontraditional cyber support to the De-
10 partment of Defense required by section 1730 of the
11 William M. (Mac) Thornberry National Defense Au-
13 116–283).
14 (2) LIMITATION ON AVAILABILITY OF FUNDS
15 PENDING SUBMISSION OF REPORT.—Of the funds

16 authorized to be appropriated by this Act or other-
17 wise made available for fiscal year 2023 for the
18 Under Secretary of Defense for Policy, not more
19 than 75 percent may be obligated or expended until
20 the date on which the Principal Cyber Advisor sub-
21 mits the report referenced in paragraph (1).
22 (c) ELEMENTS.—The assessment conducted under
23 subsection (a) shall include analysis of the following mat-
24 ters:
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1309
1 (1) The feasibility of the concept of a civilian
2 cybersecurity reserve program, including an analysis
3 of the available talent pool, potential impact on em-
4 ployers, and propensity to serve.
5 (2) The likelihood of utilizing civilian cybersecu-
6 rity reservists to augment the existing Department
7 of Defense workforce, including an assessment of the
8 duration of periods of activation.
9 (3) The result of outreach conducted with in-
10 dustry and State and Federal Government agencies
11 employing individuals likely to meet qualification cri-
12 teria for service in such a program.
13 (4) The necessity for participants to access
14 classified information, and the need to maintain ap-
15 propriate security clearances as a participant in the
16 program, including while not in Federal service.
17 (5) Appropriate compensation and benefits for
18 members of such a program.
19 (6) Activities that members may undertake as
20 part of their duties.
21 (7) Methods for identifying and recruiting
22 members, including alternative methods to tradi-
23 tional qualifications requirements.
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1 (8) Methods for preventing conflicts of interest
2 or other ethical concerns as a result of participation
3 in such a program.
4 (9) Resources, including funding levels, nec-
5 essary to carry out such a program.
6 (10) Potential penalties or other adverse action
7 taken against individuals who do not respond to ac-
8 tivation when called.
9 (11) Any other matters the Secretary considers
10 relevant for the purpose of this assessment.
11 (d) REPORTS.—
13 after the date on which the Secretary enters into the
14 agreement described in subsection (a), such entity or
15 center shall submit to the Secretary a report on the
16 results of the research and analysis under such sub-
17 section.
19 one year after the date of enactment of this Act, the
20 Secretary of Defense shall submit to the Committees
21 on Armed Services of the Senate and House of Rep-
22 resentatives each of the following:
23 (A) A copy of the report submitted under
24 paragraph (1) without change.
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1 (B) Any comments, changes, recommenda-
2 tions, or other information provided by the Sec-
3 retary of Defense relating to the research and
4 analysis conducted under subsection (a) and
5 contained in such report, including a specific
6 recommendation on whether a civilian cyberse-
7 curity reserve should be established, as de-
8 scribed in such subsection, or with modification.
9 SEC. 1541. COMPREHENSIVE REVIEW OF CYBER EXCEPTED
10 SERVICE.

12 date of enactment of this Act, the Chief Information Offi-
13 cer of the Department of Defense and the Under Sec-
14 retary of Defense for Personnel and Readiness, in coordi-
15 nation with the Chief Digital and Artificial Intelligence
16 Officer and the Principal Cyber Advisor of the Depart-
17 ment, shall conduct a comprehensive review of the Cyber
18 Excepted Service established pursuant to section 1599f of
20 (b) ELEMENTS.—The review required under sub-
22 (1) An assessment of barriers to participation
23 in Cyber Excepted Service positions, including—
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1 (A) criteria for eligibility of potential De-
2 partment of Defense components and entities
3 for participation in the Cyber Excepted Service;
4 (B) potential and structural limitations of
5 the Cyber Excepted Service, including impedi-
6 ments to mobility or advancement by civilian
7 employees currently in billets coded for Cyber
8 Excepted Service;
9 (C) challenges to transition between com-
10 petitive and excepted service;
11 (D) matters relating to pay disparity and
12 challenges with compensation relative to the
13 skill sets and value of such civilian employees in
14 the private sector;
15 (E) differences between compensation, in-
16 centives, benefits, and access to career-broad-
17 ening experiences;
18 (F) the eligibility for participation in the
19 Cyber Excepted Service of civilian employees
20 who are assigned to the Office of the Chief Dig-
21 ital and Artificial Intelligence Officer;
22 (G) the current and necessary mechanisms
23 to deconflict occasions when individuals can be
24 considered eligible for two or more excepted
25 service systems; and
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1313
1 (H) any other barriers as determined by
2 the Secretary.
3 (2) An evaluation of the process used in accept-
4 ing applications, assessing candidates, and the proc-
5 ess for and effect of adhering to provisions of law es-
6 tablishing preferences for hiring eligible veterans,
7 and selecting applicants for vacancies to be filled by
8 an individual for a Cyber Excepted Service position.
9 (3) An evaluation of current efforts to recruit
10 and retain employees in Cyber Excepted Service po-
11 sitions.
12 (4) A description of current performance
13 metrics used in evaluating the Cyber Excepted Serv-
14 ice.
15 (5) An assessment of how current efforts to de-
16 velop, sustain, and improve the Cyber Excepted
17 Service are integrated into the strategic workforce
18 planning of the Department.
19 (6) Current metrics for—
20 (A) the number of employees in Cyber Ex-
21 cepted Service positions, disaggregated by occu-
22 pation, grade, and level or pay band;
23 (B) the placement of employees in Cyber
24 Excepted Service positions, disaggregated by
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1314
1 military department, Defense agency, or other
2 component within the Department;
3 (C) the total number of veterans hired;
4 (D) the number of separations of employ-
5 ees in Cyber Excepted Service positions,
6 disaggregated by occupation, grade, and level or
7 pay band;
8 (E) the number of retirements of employ-
9 ees in Cyber Excepted Service positions,
10 disaggregated by occupation, grade, and level or
11 pay band;
12 (F) the number and amounts of recruit-
13 ment, relocation, and retention incentives paid
14 to employees in Cyber Excepted Service posi-
15 tions, disaggregated by occupation, grade, and
16 level or pay band; and
17 (G) the number of employees who declined
18 transition to qualified Cyber Excepted Service
19 positions.
20 (7) An assessment of the training provided to
21 supervisors of employees in Cyber Excepted Service
22 positions on the use of the new authorities.
23 (8) An assessment of the implementation of sec-
24 tion 1599f(a)(1)(A) of title 10, United States Code,
25 including—
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1315
1 (A) how each military department, Defense
2 agency, or other component within the Depart-
3 ment is incorporating or intends to incorporate
4 Cyber Excepted Service personnel in their cyber
5 mission workforce; and
6 (B) how the Cyber Excepted Service has
7 allowed each military department, Defense
8 agency, or other component within the Depart-
9 ment to establish, recruit and retain personnel
10 to fill cyber mission workforce needs.
11 (9) Recommendations for the Secretary of De-
12 fense and the congressional defense committees with
13 respect to the improvement of the Cyber Excepted
14 Service, including recommendations derived from the
15 consideration of the elements specified in paragraphs
16 (1) through (8).
17 (c) SUBMISSION.—Not later than 30 days after the
18 completion of the review under subsection (a), the Chief
19 Information Officer shall submit to the congressional de-
20 fense committees a copy of the review.
21 (d) ANNUAL UPDATE.—Not later than one year after
22 the submission of the review under subsection (c), and not
23 less frequently than once each year thereafter until Sep-
24 tember 30, 2028, the Secretary of Defense shall submit
25 to the Committee on Armed Services of the Senate and
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1 the Committee on Armed Services of the House of Rep-
2 resentatives an update on progress made in enacting rec-
3 ommendations identified pursuant to paragraph (9) of
4 subsection (b) and a detailed report on Cyber Excepted
5 Service positions during the most recent one-year period,
6 including—
7 (1) the metrics described in paragraph (6) of
8 such subsection;
9 (2) an updated assessment under paragraph (8)
10 of such subsection from the current reporting period;
11 (3) an updated assessment on the effect of sec-
12 tion 1599f of title 10, United States Code, on the
13 ability of the Department to recruit, retain, and de-
14 velop cyber professionals in the Department over the
15 current reporting period;
16 (4) an updated assessment on the barriers to
17 participation described in paragraph (1) of sub-
18 section (b) from the current reporting period;
19 (5) proposed modifications to the Cyber Ex-
20 cepted Service; and
21 (6) such other matters as the Secretary con-
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1 (1) The term ‘‘Cyber Excepted Service’’ con-
2 sists of those positions established under section
3 1599f(a)(1)(A) of title 10, United States Code.
4 (2) The term ‘‘Cyber Excepted Service posi-
5 tion’’ means a position in the Cyber Excepted Serv-
6 ice.
7 Subtitle D—Reports and Other
8 Matters
9 SEC. 1551. PILOT PROGRAM FOR SHARING CYBER CAPA-
10 BILITIES AND RELATED INFORMATION WITH
11 FOREIGN OPERATIONAL PARTNERS.
12 (a) AUTHORIZATION.—Chapter 19 of title 10, United

15 ‘‘§ 398. Pilot program for sharing cyber capabilities
16 and related information with foreign
17 operational partners
18 ‘‘(a) AUTHORITY TO ESTABLISH PILOT PROGRAM TO
19 SHARE CYBER CAPABILITIES.—The Secretary of Defense

20 may, with the concurrence of the Secretary of State, pro-
21 vide cyber capabilities and related information developed
22 or procured by the Department of Defense to foreign
23 countries or organizations described in subsection (b)
24 without compensation, to meet operational imperatives if
25 the Secretary of Defense determines that the provision of
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1 such cyber capabilities is in the national security interests
3 ‘‘(b) LIST OF FOREIGN COUNTRIES.—The Secretary
4 of Defense, with the concurrence of the Secretary of State,
5 shall—
6 ‘‘(1) establish—
7 ‘‘(A) a list of foreign countries that the
8 Secretary of Defense considers suitable for
9 sharing of cyber capabilities and related infor-
10 mation under the authority established under
11 paragraph (a); and
12 ‘‘(B) criteria for establishing the list under
13 subparagraph (A);
14 ‘‘(2) not later than 14 days after establishing
15 the list required by paragraph (a), submit to the ap-
16 propriate committees of Congress such list; and
17 ‘‘(3) notify the appropriate committees of Con-
18 gress in writing of any changes to the list estab-
19 lished under clause (1) at least 14 days prior to the
20 adoption of any such changes.
21 ‘‘(c) PROCEDURES.—Prior to the first use of the au-
22 thority provided by subsection (a), the Secretaries of De-
23 fense and State shall—
24 ‘‘(1) establish and submit to the appropriate
25 committees of Congress procedures for a coordina-
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1 tion process for subsection (a) that is consistent with
2 the operational timelines required to support the na-
3 tional security of the United States; and
4 ‘‘(2) notify the appropriate committees of Con-
5 gress in writing of any changes to the procedures es-
6 tablished under paragraph (1) at least 14 days prior
7 to the adoption of any such changes.
8 ‘‘(d) NOTIFICATION REQUIRED.—(1) The Secretary
9 of Defense and Secretary of State jointly shall promptly
10 submit to the appropriate committees of Congress notice
11 in writing of any use of the authority provided by sub-
12 section (a) no later than 48 hours following the use of
13 the authority.
14 ‘‘(2) Notification under paragraph (1) shall include
15 a certification that the provision of the cyber capabilities
16 was in the national security interests of the United States.
17 ‘‘(3) The notification under paragraph (1) shall in-
18 clude an analysis of whether the transfer and the under-
19 lying operational imperative could have been met using an-
20 other authority.
21 ‘‘(e) TERMINATION.—The authority established
22 under paragraph (a) shall terminate on the date that is
23 3 years after the date on which this authority becomes
24 law.
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1 ‘‘(1) The term ‘appropriate committees of Con-
2 gress’ means—
3 ‘‘(A) the congressional defense committees;
4 ‘‘(B) the Committee on Foreign Relations
5 of the Senate; and
6 ‘‘(C) Committee on Foreign Affairs of the
8 ‘‘(2) The term ‘cyber capability’ means a device
9 or computer program, including any combination of
10 software, firmware, or hardware, designed to create
11 an effect in or through cyberspace.
12 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
13 tion shall be construed as amending, diminishing, or other-
14 wise impacting reporting or other obligations under the
15 War Powers Resolution.’’.
16 (b) TABLE OF SECTIONS AMENDMENT.—The table of
17 sections at the beginning of such chapter is amended by
18 adding at the end the following new item:
‘‘398. Pilot program for sharing cyber capabilities and related information with
foreign operational partners.’’.
19 SEC. 1552. DEMONSTRATION PROGRAM FOR CYBER AND IN-
20 FORMATION TECHNOLOGY BUDGET DATA
21 ANALYTICS.
22 (a) DEMONSTRATION PROGRAM.—

23 (1) REQUIREMENT.—Not later than February
24 1, 2024, the Chief Information Officer of the De-
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1321
1 partment of Defense shall, in coordination with the
2 Chief Digital and Artificial Intelligence Officer, com-
3 plete a pilot program to demonstrate the application
4 of advanced data analytics to the fiscal year 2024
5 budget data of a military department for the pur-
6 pose of identifying total cyber and information tech-
7 nology spending and the distribution of such re-
8 sources across budget line items that are and are
9 not identified, labeled, or categorized in a manner
10 that would indicate that funds included in such line
11 items will be expended on cyber and information
12 technology activities.
13 (2) COORDINATION WITH MILITARY DEPART-
14 MENTS.—In carrying out the demonstration pro-

15 gram under subsection (a), the Chief Information
16 Officer shall, in coordination with the Secretary of
17 the Air Force, the Secretary of the Army, and the
18 Secretary of the Navy, select a military department
19 for participation in the demonstration program.
20 (b) ELEMENTS.—The demonstration program under
21 subsection (a) shall include—
22 (1) efforts to identify planned expenditures for
23 cyber and information technology that are not cap-
24 tured in the total figures for cyber and information
25 technology reported annually to Congress in support
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1322
1 of the President’s budget submission and in budget
2 documents and briefings to Congress on the cyber
3 and information technology programs and activities;
4 (2) efforts to improve transparency in cyber
5 and information technology budget information to
6 identify cyber and information technology activities
7 funded out of noncyber and noninformation tech-
8 nology budget lines, including by the use of quali-
9 tative techniques such as semantic analysis or nat-
10 ural language processing technologies;
11 (3) metrics developed to assess the effectiveness
12 of the demonstration program;
13 (4) a cost tradeoff analysis of implementing
14 these cyber and information technology data ana-
15 lytics across the entire budget of the Department of
16 Defense;
17 (5) existing or planned efforts to use these data
18 analytics to make budget decisions; and
19 (6) existing or planned efforts to incorporate
20 these data analytics into materials presented to Con-
21 gress through the budget submission process.
22 (c) BRIEFING.—
23 (1) INITIAL BRIEFING.—Not later than 120
25 Chief Information Officer shall provide the Commit-
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1323
2 of Representatives a briefing on the plans and status
3 of the Chief Information Officer with respect to the
4 demonstration program under subsection (a).
5 (2) FINAL BRIEFING.—Not later than March 1,
6 2024, the Chief Information Officer shall provide the
8 the House of Representatives a briefing on the re-
9 sults and findings of the Chief Information Officer
10 with respect to the demonstration program under
11 subsection (a), including the following:
12 (A) Recommendations for expansion of the
13 demonstration program to the entire cyber and
14 information technology budget of the Depart-
15 ment.
16 (B) Plans for incorporating data analytics
17 into the congressional budget submission proc-
18 ess for the cyber and information technology
19 budget of the Department.
20 SEC. 1553. PLAN FOR COMMERCIAL CLOUD TEST AND
21 EVALUATION.
22 (a) POLICY AND PLAN.—Not later than 180 days

23 after the date of enactment of this Act, the Secretary of
24 Defense, in consultation with commercial industry, shall
25 implement a policy and plan for test and evaluation of the
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1 cybersecurity of the clouds of commercial cloud service
2 providers that provide, or are intended to provide, storage
3 or computing of classified data of the Department of De-
4 fense.
5 (b) CONTENTS.—The policy and plan under sub-
7 (1) A requirement that, beginning on the date
8 of the enactment of this Act, future contracts with
9 cloud service providers for storage or computing of
10 classified data of the Department include provisions
11 that permit the Secretary to conduct independent,
12 threat-realistic assessments of the commercial cloud
13 infrastructure, including with respect to—
14 (A) the storage, compute, and enabling ele-
15 ments, including the control plane and
16 virtualization hypervisor for mission elements of
17 the Department supported by the cloud pro-
18 vider; and
19 (B) the supporting systems used in the ful-
20 fillment, facilitation, or operations relating to
21 the mission of the Department under the con-
22 tract, including the interfaces with these sys-
23 tems.
24 (2) An explanation as to how the Secretary in-
25 tends to proceed on amending existing contracts
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1 with cloud service providers to permit the same level
2 of assessments required for future contracts under
3 paragraph (1).
4 (3) Identification and description of any pro-
5 posed tiered test and evaluation requirements
6 aligned with different impact and classification lev-
7 els.
8 (c) WAIVER AUTHORITY.—The Secretary may in-
9 clude in the policy and plan under subsection (a) an au-
10 thority to waive any requirement under subsection (b) if
11 the waiver is jointly approved by the Chief Information
12 Officer of the Department of Defense and the Director
13 of Operational Test and Evaluation.
14 (d) SUBMISSION.—Not later than 180 days after the
15 date of enactment of this Act, the Secretary shall submit
17 the House of Representatives the policy and plan under
18 subsection (a).
19 (e) THREAT-REALISTIC ASSESSMENT DEFINED.—In
20 this section, the term ‘‘threat-realistic assessments’’
21 means, with respect to commercial cloud infrastructure,
22 activities that—
23 (1) are designed to accurately emulate cyber
24 threats from advanced nation state adversaries, such
25 as Russia and China; and
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1 (2) include cooperative penetration testing and
2 no-notice threat-emulation activities where personnel
3 of the Department of Defense attempt to penetrate
4 and gain control of the cloud-provider facilities, net-
5 works, systems, and defenses associated with, or
6 which enable, the supported missions of the Depart-
7 ment.
8 SEC. 1554. ROADMAP AND IMPLEMENTATION PLAN FOR
9 CYBER ADOPTION OF ARTIFICIAL INTEL-
10 LIGENCE.
11 (a) ROADMAP AND IMPLEMENTATION PLAN RE-

12 QUIRED.—Not later than 270 days after the date of the
13 enactment of this Act, the Commander of the United
14 States Cyber Command and the Chief Information Officer
15 of the Department of Defense, in coordination with the
16 Chief Digital and Artificial Intelligence Officer of the De-
17 partment, the Director of the Defense Advanced Research
18 Projects Agency, the Director of the National Security
19 Agency, and the Under Secretary of Defense for Research
20 and Engineering, shall jointly develop a five-year roadmap
21 and implementation plan for rapidly adopting and acquir-
22 ing artificial intelligence systems, applications, and sup-
23 porting data and data management processes for the
24 Cyberspace Operations Forces of the Department of De-
25 fense.
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1 (b) ELEMENTS.—The roadmap and implementation
2 plan required by subsection (a) shall include the following:
3 (1) Identification and prioritization of artificial
4 intelligence systems, applications, data identification,
5 and processing to cyber missions within the Depart-
6 ment, and ameliorating threats to, and from, artifi-
7 cial intelligence systems, including—
8 (A) advancing the cybersecurity of Depart-
9 ment systems with artificial intelligence;
10 (B) uses of artificial intelligence for cyber
11 effects operations;
12 (C) assessing and mitigating vulnerabilities
13 of artificial intelligence systems supporting cy-
14 bersecurity and cyber operations to attacks; and
15 (D) defending against adversary artificial
16 intelligence-based cyber attacks.
17 (2) A plan to develop, acquire, adopt, and sus-
18 tain the artificial intelligence systems, applications,
19 data, and processing identified in paragraph (1).
20 (3) Roles and responsibilities for the following
21 for adopting and acquiring artificial intelligence sys-
22 tems, applications, and data to cyber missions within
23 the Department:
24 (A) The Commander of the United States
25 Cyber Command.
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1328
1 (B) The Commander of Joint-Force Head-
2 quarters Department of Defense Information
3 Networks.
4 (C) The Chief Information Officer of the
5 Department.
6 (D) The Chief Digital and Artificial Intel-
7 ligence Officer of the Department.
8 (E) The Under Secretary of Defense for
9 Research and Engineering.
10 (F) The Secretaries of the military depart-
11 ments.
12 (G) The Director of the National Security
13 Agency.
14 (4) Identification of currently deployed, adopt-
15 ed, and acquired artificial intelligence systems, appli-
16 cations, ongoing prototypes, and data.
17 (5) Identification of current capability and skill
18 gaps that must be addressed prior to the develop-
19 ment and adoption of artificial intelligence applica-
20 tions identified in paragraph (1).
21 (6) Identification of opportunities to solicit op-
22 erator utility feedback through inclusion into re-
23 search and development processes and wargaming or
24 experimentation events by developing a roadmap for
25 such processes and events, as well as a formalized
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1 process for capturing and tracking lessons learned
2 from such events to inform the development commu-
3 nity.
4 (7) Identification of long-term technology gaps
5 for fulfilling the Department’s cyber warfighter mis-
6 sion to be addressed by research relating to artificial
7 intelligence by the science and technology enterprise
8 within the Department.
9 (8) Definition of a maturity model describing
10 desired cyber capabilities, agnostic of the enabling
11 technology solutions, including phases in the matu-
12 rity model or identified milestones and clearly identi-
13 fied areas for collaboration with relevant commercial
14 off the shelf and government off the shelf developers
15 to address requirements supporting capability gaps.
16 (9) Assessment, in partnership with the Direc-
17 tor of the Defense Intelligence Agency, of the threat
18 posed by adversaries’ use of artificial intelligence to
19 the cyberspace operations and the security of the
20 networks and artificial intelligence systems of the
21 Department in the next five years, including a net
22 technical assessment of United States and adversary
23 activities to apply artificial intelligence to cyberspace
24 operations, and actions planned to address that
25 threat.
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1 (10) A detailed schedule with target milestones,
2 investments, and required expenditures.
3 (11) Interim and final metrics of adoption of
4 artificial intelligence for each activity identified in
5 the roadmap.
6 (12) Identification of such additional funding,
7 authorities, and policies as the Commander and the
8 Chief Information Officer jointly determine may be
9 required.
10 (13) Such other topics as the Commander and
11 the Chief Information Officer jointly consider appro-
12 priate.
13 (c) SYNCHRONIZATION.—The Commander and the
14 Chief Information Officer shall ensure that the roadmap
15 and implementation plan under subsection (a) are syn-
16 chronized and coordinated to be consistent with section
17 1509.
18 (d) BRIEFING.—Not later than 30 days after the date
19 on which the Commander and the Chief Information Offi-
20 cer complete development of the roadmap and implemen-
21 tation plan under subsection (a), the Commander and the
22 Chief Information Officer shall provide to the congres-
23 sional defense committees a classified briefing on the road-
24 map and implementation plan.
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1 SEC. 1555. REVIEW OF DEPARTMENT OF DEFENSE IMPLE-
2 MENTATION OF RECOMMENDATIONS FROM
3 DEFENSE SCIENCE BOARD CYBER REPORT.
4 (a) REVIEW.—
7 retary of Defense shall complete a review of the
8 findings and recommendations presented in the June
9 2018 Defense Science Board report titled ‘‘Cyber as
10 a Strategic Capability’’.
11 (2) ELEMENTS.—The review under paragraph
13 (A) Identification of, and description of
14 implementation for, recommendations that have
15 been implemented by the Secretary.
16 (B) Identification of recommendations that
17 have not yet been fully implemented by the Sec-
18 retary.
19 (C) Identification of the reasons why the
20 recommendations identified under subparagraph
21 (B) were not implemented.
22 (D) Identification of such legislative or ad-
23 ministrative action as the Secretary determines
24 necessary to implement the recommendations
25 identified under subparagraph (B).
26 (b) REPORT.—
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2 after the date on which the review is completed
3 under paragraph (1) of subsection (a), the Secretary
6 report on the review, including a disclosure of the
7 matters identified and developed under paragraph
8 (2) of such subsection.
9 (2) FORM.—The report submitted under para-
12 SEC. 1556. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN
13 NATIONAL SECURITY AGENCY AND UNITED
14 STATES CYBER COMMAND.
15 (a) ANNUAL BRIEFINGS REQUIRED.—Not later than

16 March 1, 2023, and not less frequently than once each
17 year thereafter until March 1, 2028, the Secretary of De-
18 fense shall provide the congressional defense committees
19 a briefing on the relationship between the National Secu-
20 rity Agency and United States Cyber Command.
21 (b) ELEMENTS.—Each briefing provided under sub-
22 section (a) shall include an annual assessment of the fol-
23 lowing:
24 (1) The resources, authorities, activities, mis-
25 sions, facilities, and personnel used to conduct the
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1 relevant missions at the National Security Agency as
2 well as the cyber offense and defense missions of
3 United States Cyber Command.
4 (2) The processes used to manage risk, balance
5 tradeoffs, and work with partners to execute oper-
6 ations.
7 (3) An assessment of the operating environment
8 and the continuous need to balance tradeoffs to meet
9 mission necessity and effectiveness.
10 (4) An assessment of the operational effects re-
11 sulting from the relationship between the National
12 Security Agency and United States Cyber Com-
13 mand, including a list of specific operations con-
14 ducted over the previous year that were enabled by
15 or benefitted from the relationship.
16 (5) Such other topics as the Director of the Na-
17 tional Security Agency and the Commander of
18 United States Cyber Command may consider appro-
19 priate.
20 SEC. 1557. REVIEW OF DEFINITIONS ASSOCIATED WITH
21 CYBERSPACE OPERATIONS FORCES.
22 (a) REVIEW.—Not later than 120 days after the date

24 acting through the Principal Cyber Advisor of the Depart-
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1 ment of Defense and the Principal Cyber Advisors of the
2 military departments, shall—
3 (1) review—
4 (A) the memorandum of the Secretary of
5 Defense dated December 12, 2019, concerning
6 the definition of the term ‘‘Department of De-
7 fense Cyberspace Operations Forces (DoD
8 COF)’’; and
9 (B) the responsibilities of the Commander
10 of the United States Cyber Command as the
11 Cyberspace Joint Force Provider and Cyber-
12 space Joint Force Trainer, with respect to
13 forces included and excluded from the Cyber-
14 space Operations Forces; and
15 (2) update such memorandum and, as appro-
16 priate, update such responsibilities.
17 (b) ELEMENTS.—The review under subsection (a)
19 (1) A comprehensive assessment of units and
20 components of the Department of Defense con-
21 ducting defensive cyberspace operations which are
22 not currently included in the definition specified in
23 paragraph (1)(A) of such subsection.
24 (2) Consideration of options for participation in
25 the Cyberspace Operations Forces by forces without
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1 regard to whether the forces are included in such
2 definition, including options under which—
3 (A) forces currently excluded from the
4 Cyberspace Operations Forces because of such
5 definition may access training, resources, and
6 expertise of the Cyberspace Operations Forces;
7 (B) the Commander of the United States
8 Cyber Command may issue advisory tasking to
9 forces that are not Cyberspace Operations
10 Forces pursuant to such definition; and
11 (C) forces that are not Cyberspace Oper-
12 ations Forces pursuant to such definition are
13 subject to training standards established by the
14 Commander as the Cyberspace Joint Force
15 Trainer.
16 SEC. 1558. ANNUAL ASSESSMENTS AND REPORTS ON AS-
17 SIGNMENT OF CERTAIN BUDGET CONTROL
18 RESPONSIBILITY TO COMMANDER OF
19 UNITED STATES CYBER COMMAND.
20 (a) ANNUAL ASSESSMENTS.—

21 (1) REQUIREMENT.—During fiscal year 2023,
22 and not less frequently than once each fiscal year
23 thereafter through fiscal year 2028, the Commander
24 of the United States Cyber Command, in coordina-
25 tion with the Principal Cyber Advisor of the Depart-
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1 ment of Defense, shall assess the implementation of
2 the transition of responsibilities assigned to the
3 Commander by section 1507(a)(1) of the National
5 (Public Law 117–81).
6 (2) ELEMENTS.—Each assessment carried out
7 under paragraph (1) shall include the following:
8 (A) An assessment of the operational and
9 organizational effect of section 1507(a)(1) of
11 cal Year 2022 (Public Law 117–81) on the
12 training, equipping, operation, sustainment, and
13 readiness of the Cyber Mission Forces.
14 (B) An inventory description of the cyber
15 systems, activities, capabilities, resources, and
16 functions that have been transferred from the
17 military departments to control of the Com-
18 mander and those that have not been
19 transitioned pursuant to such section
20 1507(a)(1).
21 (C) An opinion by the Commander as to
22 whether the cyber systems, activities, capabili-
23 ties, resources, and functions that have not
24 been so transitioned should be transitioned pur-
25 suant to such section 1507(a)(1).
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1 (D) An assessment of the adequacy of re-
2 sources, authorities, and policies required to im-
3 plement such section 1507(a)(1), including or-
4 ganizational, functional, and personnel matters.
5 (E) An assessment of the reliance on re-
6 sources, authorities, policies, or personnel exter-
7 nal to United States Cyber Command in sup-
8 port of the budget control of the Commander.
9 (F) Identification of any outstanding areas
10 for transition pursuant to such section
11 1507(a)(1).
12 (G) An assessment of the organization es-
13 tablished under section 1509 and its perform-
14 ance relative to the requirements of the Com-
15 mand.
16 (H) Such other matters as the Commander
18 (b) ANNUAL REPORTS.—Not later than March 1,
19 2023, and annually thereafter through 2028, the Com-
20 mander shall submit to the congressional defense commit-
21 tees a report on the findings of the Commander with re-
22 spect to the assessments under subsection (a).
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1 SEC. 1559. ASSESSMENTS OF WEAPONS SYSTEMS
2 VULNERABILITIES TO RADIO-FREQUENCY EN-
3 ABLED CYBER ATTACKS.
4 (a) ASSESSMENTS.—The Secretary of Defense shall

5 ensure that the activities required by and conducted pur-
6 suant to section 1647 of the National Defense Authoriza-
8 Stat. 1118), section 1637 of the John S. McCain National
10 Law 115–232; 10 U.S.C. 221 note), and the amendments
11 made by section 1712 of the William M. (Mac) Thornberry
13 (Public Law 116–283; 134 Stat. 4087) include regular as-
14 sessments of the vulnerabilities to and mission risks pre-
15 sented by radio-frequency enabled cyber attacks with re-
16 spect to the operational technology embedded in weapons
17 systems, aircraft, ships, ground vehicles, space systems,
18 sensors, and datalink networks of the Department of De-
19 fense.
20 (b) ELEMENTS.—The assessments under subsection
21 (a) with respect to vulnerabilities and risks described in
22 such subsection shall include—
23 (1) identification of such vulnerabilities and
24 risks;
25 (2) ranking of vulnerability, severity, and pri-
26 ority;
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1 (3) development and selection of options, with
2 associated costs and schedule, to correct such
3 vulnerabilities, including installation of intrusion de-
4 tection capabilities;
5 (4) an evaluation of the cybersecurity suffi-
6 ciency for Military Standard 1553; and
7 (5) development of integrated risk-based plans
8 to implement the corrective actions selected.
9 (c) DEVELOPMENT OF CORRECTIVE ACTIONS.—In
10 developing corrective actions under subsection (b)(3), the
11 assessments under subsection (a) shall—
12 (1) consider the missions supported by the as-
13 sessed weapons systems, aircraft, ships, ground vehi-
14 cles, space systems, sensors, or datalink networks, as
15 the case may be, to ensure that the corrective ac-
16 tions focus on the vulnerabilities that create the
17 greatest risks to the missions;
18 (2) be shared and coordinated with the prin-
19 cipal staff assistant with primary responsibility for
20 the strategic cybersecurity program; and
21 (3) address requirements for deployed and non-
22 deployed members of the Armed Forces to analyze
23 data collected on the weapons systems and respond
24 to attacks.
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1 (d) INTELLIGENCE INFORMED ASSESSMENTS.—The
2 assessments under subsection (a) shall be informed by in-
3 telligence, if available, and technical judgment regarding
4 potential threats to embedded operational technology dur-
5 ing operations of the Armed Forces.
6 (e) COORDINATION.—
7 (1) COORDINATION AND INTEGRATION OF AC-
8 TIVITIES.—The assessments under subsection (a)

9 shall be fully coordinated and integrated with activi-
10 ties described in such subsection.
11 (2) COORDINATION OF ORGANIZATIONS.—The
12 Secretary shall ensure that the organizations con-

13 ducting the assessments under subsection (a) in the
14 military departments, the United States Special Op-
15 erations Command, and the Defense Agencies co-
16 ordinate with each other and share best practices,
17 vulnerability analyses, and technical solutions with
18 the principal staff assistant with primary responsi-
19 bility for the Strategic Cybersecurity Program.
20 (f) BRIEFINGS.—Not later than one year after the
21 date of the enactment of this Act, the Secretary shall pro-
22 vide to the congressional defense committees briefings
23 from the organizations specified under subsection (e)(2),
24 as appropriate, on the activities and plans required under
25 this section.
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1 SEC. 1560. BRIEFING ON DEPARTMENT OF DEFENSE PLAN
2 TO DETER AND COUNTER ADVERSARIES IN
3 THE INFORMATION ENVIRONMENT.
4 (a) BRIEFING.—Not later than 90 days after the date

7 briefing on the following:
8 (1) The status of the strategy and posture re-
9 view required by section 1631(g) of the National De-
11 lic Law 116–92; 10 U.S.C. 397 note).
12 (2) A description of efforts of the Department
13 of Defense, including such efforts conducted in con-
14 sultation with relevant departments and agencies of
15 the Federal Government, to effectively deter and
16 counter foreign adversaries in the information envi-
17 ronment, including—
18 (A) recent updates or modifications to ex-
19 isting policies to more effectively deter and
20 counter adversaries;
21 (B) a description of funding priorities and
22 impacts to future budget requests;
23 (C) recent updates to personnel policies to
24 ensure the recruitment, promotion, retention,
25 and compensation for individuals with the nec-
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1 essary skills in the information environment;
2 and
3 (D) a description of improvements required
4 to the collection, prioritization, and analysis of
5 intelligence, in particular open-source intel-
6 ligence, to better inform the understanding of
7 foreign adversaries in the information environ-
8 ment.
9 (3) A description of any initiatives that are
10 being taken, in cooperation with relevant depart-
11 ments and agencies of the Federal Government, to
12 assist and incorporate allies and partner countries of
13 the United States into efforts to effectively deter
14 and counter foreign adversaries in the information
15 environment.
16 (4) A description of any additional actions the
17 Secretary determines necessary to further ensure
18 that the Department of Defense is appropriately
19 postured to effectively deter and counter foreign ad-
20 versaries in the information environment.
21 (5) Any other matters the Secretary of Defense
23 (b) INFORMATION ENVIRONMENT DEFINED.—In this
24 section, the term ‘‘information environment’’ has the
25 meaning given in the publication of the Department of De-
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1 fense titled ‘‘Joint Concept for Operating in the Informa-
2 tion Environment (JCOIE)’’ dated July 25, 2018.
3 TITLE XVI—SPACE ACTIVITIES,
4 STRATEGIC PROGRAMS, AND
5 INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Requirements for protection of satellites.

Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and capability
delivery schedules for segments of major satellite acquisitions
programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space tech-
nology development.
Sec. 1608. Review of Space Development Agency exemption from Joint Capa-
bilities Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that support oper-

ational preparation of the environment.
Subtitle C—Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.

Sec. 1632. Industrial base monitoring for B–21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber resilience
of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site activation task
force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of
the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile pro-
grams within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise missile.
Subtitle D—Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
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Sec. 1652. Improvements to acquisition accountability reports on the ballistic
missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense informa-
tion and systems.
Sec. 1654. Next generation interceptors for missile defense of United States
homeland.
Sec. 1655. Termination of requirement to transition ballistic missile defense
programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense sys-
tems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense of Guam.
Sec. 1661. Limitation on availability of certain funds until submission of report
on implementation of the cruise missile defense architecture for
the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain al-
lies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous United
States.
Sec. 1671. Cooperative threat reduction funds.

Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
1 Subtitle A—Space Activities

2 SEC. 1601. REQUIREMENTS FOR PROTECTION OF SAT-
3 ELLITES.
4 Chapter 135 of title 10, United States Code, is

5 amended by inserting after section 2275 the following new
6 section (and conforming the table of sections at the begin-
7 ning of such chapter accordingly):
8 ‘‘§ 2275a. Requirements for protection of satellites
9 ‘‘(a) ESTABLISHMENT OF REQUIREMENTS.—Before
10 a major satellite acquisition program achieves Milestone
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1 A approval, or equivalent, the Chief of Staff of the Space
2 Force, in consultation with the Commander of the United
3 States Space Command, shall establish requirements for
4 the defense and resilience of the satellites under that pro-
5 gram against the capabilities of adversaries to target, de-
6 grade, or destroy the satellites.
7 ‘‘(b) DEFINITIONS.—In this section:
8 ‘‘(1) The term ‘major satellite acquisition pro-
9 gram’ has the meaning given that term in section
10 2275 of this title.
11 ‘‘(2) The term ‘Milestone A approval’ has the
12 meaning given that term in section 4251 of this title
13 10.’’.
14 SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES.
15 (a) STRATEGY.—
18 retary of Defense, in coordination with the Director
19 of National Intelligence, shall make publicly avail-
20 able a strategy containing the actions that will be
21 taken to defend and protect on-orbit satellites of the
22 Department of Defense and the intelligence commu-
23 nity from the capabilities of adversaries to target,
24 degrade, or destroy satellites.
25 (2) FORMS.—The Secretary shall—
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1 (A) make the strategy under paragraph (1)
2 publicly available in unclassified form; and
3 (B) submit to the appropriate congres-
4 sional committees an annex, which may be sub-
5 mitted in classified form, containing supporting
6 documents to the strategy.
11 and
12 (B) the Permanent Select Committee on
13 Intelligence of the House of Representatives
14 and the Select Committee on Intelligence of the
15 Senate.
17 meaning given that term in section 3(4) of the Na-
18 tional Security Act of 1947 (50 U.S.C. 3003(4)).
19 SEC. 1603. MODIFICATION OF REPORTS ON INTEGRATION
20 OF ACQUISITION AND CAPABILITY DELIVERY
21 SCHEDULES FOR SEGMENTS OF MAJOR SAT-
22 ELLITE ACQUISITIONS PROGRAMS AND
23 FUNDING FOR SUCH PROGRAMS.

25 amended by striking paragraph (3).
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1 SEC. 1604. TACTICALLY RESPONSIVE SPACE CAPABILITY.
2 (a) PROGRAM.—Subsection (a) of section 1609 of the

3 William M. (Mac) Thornberry National Defense Author-
5 10 U.S.C. 2271 note) is amended to read as follows:
6 ‘‘(a) PROGRAM.—The Secretary of the Air Force
7 shall ensure that the Space Force has a tactically respon-
8 sive space capability that—
9 ‘‘(1) addresses all lifecycle elements; and
10 ‘‘(2) addresses rapid deployment and recon-
11 stitution requirements—
12 ‘‘(A) to provide long-term continuity for
13 tactically responsive space capabilities across
14 the future-years defense program submitted to
16 States Code;
17 ‘‘(B) to continue the development of con-
18 cepts of operations, including with respect to
19 tactics, training, and procedures;
20 ‘‘(C) to develop appropriate processes for
21 tactically responsive space launch, including—
22 ‘‘(i) mission assurance processes; and
23 ‘‘(ii) command and control, tracking,
24 telemetry, and communications; and
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1 ‘‘(D) to identify basing requirements nec-
2 essary to enable tactically responsive space ca-
3 pabilities.’’.
4 (b) REQUIREMENTS.—Such section is further amend-
5 ed—
6 (1) by redesignating subsection (b) as sub-
7 section (c); and
8 (2) by inserting after subsection (a) the fol-
10 ‘‘(b) REQUIREMENTS.—The Chief of Space Oper-
11 ations shall establish tactically responsive requirements for
12 all national security space capabilities, if applicable, car-
13 ried out under title 10, United States Code.’’.
14 (c) SUPPORT.—Subsection (c) of such section, as re-
15 designated by subsection (b), is amended—
18 (A), by striking ‘‘launch program’’ and insert-
19 ing ‘‘space program’’; and
20 (B) by striking subparagraph (B) and in-
21 serting the following new subparagraph:
22 ‘‘(B) The entire end-to-end tactically re-
23 sponsive space capability, including with respect
24 to the launch vehicle, ground infrastructure,
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1 bus, payload, operations and on-orbit
2 sustainment.’’; and
5 (A)—
6 (i) by striking ‘‘for fiscal year 2023’’
7 and inserting ‘‘for each of fiscal years
8 2023 through 2026’’; and
9 (ii) by striking ‘‘tactically responsive
10 launch program’’ and inserting ‘‘tactically
11 responsive space program’’;
12 (B) in subparagraph (A), by striking
13 ‘‘launches’’ and inserting ‘‘capabilities’’; and
14 (C) in subparagraph (C), by striking
15 ‘‘tactically responsive launch program’’ and in-
16 serting ‘‘tactically responsive space program’’.
17 (d) CONFORMING AMENDMENT.—The heading of
18 such section is amended in the heading by striking
19 ‘‘LAUNCH OPERATIONS’’ and inserting ‘‘SPACE CAPA-
20 BILITY’’.
21 SEC. 1605. EXTENSION OF ANNUAL REPORT ON SPACE COM-
22 MAND AND CONTROL.
23 Section 1613(a)(2) of the National Defense Author-

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1 Stat. 1731) is amended by striking ‘‘2025’’ and inserting
2 ‘‘2030’’.
3 SEC. 1606. ALLIED RESPONSIVE SPACE CAPABILITIES.
4 (a) INITIATIVES.—The Secretary of the Defense and

5 the Secretary of State shall jointly ensure that responsive
6 space capabilities of the Department of Defense align with
7 initiatives by Five Eyes countries, member states of the
8 North Atlantic Treaty Organization, and other allies to
9 promote a globally responsive space architecture.
11 of the enactment of this Act, the Secretary of Defense and
12 the Secretary of State, in coordination with the Com-
13 mander of the United States European Command, the
14 Commander of the United States Indo-Pacific Command,
15 and the Commander of the United States Space Com-
16 mand, shall jointly submit to the congressional defense
17 committees, the Committee on Foreign Affairs of the
18 House of Representatives, and the Committee on Foreign
19 Relations of the Senate a report assessing current invest-
20 ments and partnerships by the United States with allies
21 of the United States with respect to responsive space ef-
22 forts. The report shall include the following:
23 (1) An assessment of the benefits of leveraging
24 allied and partner spaceports for responsive launch.
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1 (2) A discussion of current and future plans to
2 engage with allies and partners with respect to ac-
3 tivities ensuring rapid reconstitution or augmenta-
4 tion of the space capabilities of the United States
5 and allies.
6 (3) An assessment of the shared costs and tech-
7 nology between the United States and allies, includ-
8 ing if investments from the Pacific Deterrence Ini-
9 tiative and the European Deterrence Initiative could
10 be considered for allied spaceports.
11 (c) FIVE EYES COUNTRIES DEFINED.—In this sec-
12 tion, the term ‘‘Five Eyes countries’’ means the following:
13 (1) Australia.
14 (2) Canada.
15 (3) New Zealand.
16 (4) The United Kingdom.
17 (5) The United States.
18 SEC. 1607. APPLIED RESEARCH AND EDUCATIONAL ACTIVI-
19 TIES TO SUPPORT SPACE TECHNOLOGY DE-
20 VELOPMENT.
21 (a) IN GENERAL.—The Secretary of the Air Force

22 and the Chief of Space Operations, in coordination with
23 the Chief Technology and Innovation Office of the Space
24 Force, may carry out applied research and educational ac-
25 tivities to support space technology development.
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1 (b) ACTIVITIES.—Activities carried out under sub-
2 section (a) shall support the applied research, develop-
3 ment, and demonstration needs of the Space Force, in-
4 cluding by addressing and facilitating the advancement of
5 capabilities related to—
6 (1) space domain awareness;
7 (2) positioning, navigation, and timing;
8 (3) communications;
9 (4) hypersonics;
10 (5) cybersecurity; and
11 (6) any other matter the Secretary of the Air
12 Force considers relevant.
13 (c) EDUCATION AND TRAINING.—Activities carried
14 out under subsection (a) shall—
15 (1) promote education and training for students
16 so as to support the future national security space
17 workforce of the United States; and
18 (2) explore opportunities for international col-
19 laboration.
20 (d) TERMINATION.—The authority provided by this
21 section shall expire on December 31, 2027.
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1 SEC. 1608. REVIEW OF SPACE DEVELOPMENT AGENCY EX-
2 EMPTION FROM JOINT CAPABILITIES INTE-
3 GRATION AND DEVELOPMENT SYSTEM.
4 (a) REVIEW.—Not later than March 31, 2023, the

5 Secretary of Defense shall complete a review regarding
6 whether the Space Development Agency should be exempt
7 from the Joint Capabilities Integration and Development
8 System.
9 (b) RECOMMENDATION.—Not later than 30 days
10 after the date on which the review under subsection (a)
11 is completed, the Secretary of Defense shall submit to the
12 congressional defense committees a recommendation as to
13 whether the exemption described in such subsection should
14 apply to the Space Development Agency.
15 (c) IMPLEMENTATION.—Not later than 60 days after
16 the date on which the recommendation is submitted under
17 subsection (b), the Secretary of the Air Force and the Di-
18 rector of the Space Development Agency shall implement
19 the recommendation.
20 SEC. 1609. UPDATE TO PLAN TO MANAGE INTEGRATED TAC-
21 TICAL WARNING AND ATTACK ASSESSMENT
22 SYSTEM AND MULTI-DOMAIN SENSORS.
23 (a) UPDATE REQUIRED.—Not later than one year

25 of the Air Force shall update the plan that was developed
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1354
1 pursuant to section 1669 of the National Defense Author-
2 ization Act for Fiscal Year 2018 (Public Law 115–91).
3 (b) COORDINATION WITH OTHER AGENCIES.—In de-
4 veloping the update required by subsection (a), the Sec-
5 retary shall—
6 (1) coordinate with the Secretary of the Army,
7 the Secretary of the Navy, the Director of the Mis-
8 sile Defense Agency, the Director of the National
9 Reconnaissance Office, and the Director of the
10 Space Development Agency; and
11 (2) solicit comments on the plan, if any, from
12 the Commander of United States Strategic Com-
13 mand, the Commander of United States Northern
14 Command, and the Commander of United States
15 Space Command.
16 (c) SUBMITTAL TO CONGRESS.—Not later than 90
17 days after the update required by subsection (a) is com-
18 plete, the Secretary of the Air Force shall submit to the
19 congressional defense committees—
20 (1) the plan updated pursuant to subsection
21 (a); and
22 (2) the comments from the Commander of
23 United States Strategic Command, the Commander
24 of United States Northern Command, and the Com-
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1 mander of United States Space Command, if any,
2 solicited under subsection (b)(2).
3 SEC. 1610. REPORT ON SPACE DEBRIS.

6 Defense shall submit to the appropriate congressional
7 committees the portion of the report on the risks posed
8 by man-made space debris in low-Earth orbit described in
9 the explanatory statement accompanying the National De-
11 117–81) that pertains to the Department of Defense. The
12 portion of the report shall include—
13 (1) an explanation of such risks to defense and
14 national security space assets;
15 (2) recommendations with respect to the reme-
16 diation of such risks to defense and national security
17 assets; and
18 (3) outlines of plans to reduce the incident of
19 such space debris to defense and national security
20 assets.
21 (b) APPROPRIATE CONGRESSIONAL COMMITTEES
23 gressional committees’’ means—
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2 Committee on Science, Space, and Technology of the
3 House of Representatives; and
4 (2) the Committee on Armed Services and Com-
5 mittee on Commerce, Science, and Transportation of
6 the Senate.
7 Subtitle B—Defense Intelligence
8 and Intelligence-Related Activities
9 SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE
10 ACTIVITIES THAT SUPPORT OPERATIONAL
11 PREPARATION OF THE ENVIRONMENT.
12 Section 127f of title 10, United States Code, is

13 amended—
14 (1) by redesignating subsections (e) and (f) as
15 subsections (f) and (g), respectively; and
18 ‘‘(e) QUARTERLY BRIEFING.—On a quarterly basis,
19 the Assistant Secretary of Defense for Special Operations
20 and Low Intensity Conflict, in coordination with elements
21 of the Department of Defense that the Assistant Secretary
22 determines appropriate, shall provide to the congressional
23 defense committees a briefing outlining the clandestine ac-
24 tivities carried out pursuant to subsection (a) during the
25 period covered by the briefing, including—
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1 ‘‘(1) an update on such activities carried out in
2 each geographic combatant command and a descrip-
3 tion of how such activities support the respective
4 theater campaign plan;
5 ‘‘(2) an overview of the authorities and legal
6 issues, including limitations, relating to such activi-
7 ties; and
8 ‘‘(3) any other matters the Assistant Secretary
9 considers appropriate.’’.
10 Subtitle C—Nuclear Forces
11 SEC. 1631. BIANNUAL BRIEFING ON NUCLEAR WEAPONS
12 AND RELATED ACTIVITIES.

14 ed by inserting after section 492a the following new sec-
15 tion (and conforming the table of sections at the beginning
16 of such chapter accordingly):
17 ‘‘SEC. 492b. BIANNUAL BRIEFING ON NUCLEAR WEAPONS
18 AND RELATED ACTIVITIES.
19 ‘‘(a) IN GENERAL.—On or about May 1 and Novem-

20 ber 1 of each year, the officials specified in subsection (b)
23 matters relating to nuclear weapons policies, operations,
24 technology development, and other similar topics as re-
25 quested by such committees.
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1 ‘‘(b) OFFICIALS SPECIFIED.—The officials specified
3 ‘‘(1) The Assistant Secretary of Defense for Ac-
4 quisition.
5 ‘‘(2) The Assistant Secretary of Defense for
6 Nuclear, Chemical, and Biological Defense Pro-
7 grams.
9 Space Policy.
10 ‘‘(4) The Deputy Administrator for Defense
11 Programs of the National Nuclear Security Adminis-
12 tration.
13 ‘‘(5) The Director for Strategy, Plans, and Pol-
14 icy of the Joint Staff.
15 ‘‘(6) The Director for Capability and Resource
16 Integration for the United States Strategic Com-
17 mand.
18 ‘‘(c) DELEGATION.—An official specified in sub-
19 section (b) may delegate the authority to provide a brief-
20 ing under subsection (a) to a member of the Senior Execu-
21 tive Service who reports to the official.
22 ‘‘(d) TERMINATION.—The requirement to provide a
23 briefing under subsection (a) shall terminate on January
24 1, 2028.’’.
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1 SEC. 1632. INDUSTRIAL BASE MONITORING FOR B–21 AND
2 SENTINEL PROGRAMS.

4 ed by inserting after section 493 the following new section
7 ‘‘§ 493a. Industrial base monitoring for B–21 and Sen-
8 tinel programs
9 ‘‘(a) DESIGNATION.—The Secretary of the Air Force,

10 acting through the Assistant Secretary of the Air Force
11 for Acquisition, Technology, and Logistics, shall designate
12 a senior official, who shall report to the Assistant Sec-
13 retary, to monitor the combined industrial base supporting
14 the acquisition of—
15 ‘‘(1) B–21 aircraft; and
16 ‘‘(2) the Sentinel intercontinental ballistic mis-
17 sile weapon system.
18 ‘‘(b) REQUIREMENTS FOR MONITORING.—In moni-
19 toring the combined industrial base described in sub-
20 section (a), the senior official designated under such sub-
21 section shall—
22 ‘‘(1) have the authority to select staff to assist
23 the senior official from among civilian employees of
24 the Department and members of the armed forces,
25 who may provide such assistance concurrently while
26 serving in another position;
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1 ‘‘(2) monitor the acquisition by the combined
2 industrial base of—
3 ‘‘(A) materials, technologies, and compo-
4 nents associated with nuclear weapons systems;
5 and
6 ‘‘(B) commodities purchased on a large
7 scale;
8 ‘‘(3) monitor the hiring or contracting by the
9 combined industrial base of personnel with critical
10 skills; and
11 ‘‘(4) assess whether personnel with critical
12 skills and knowledge, intellectual property on manu-
13 facturing processes, and facilities and equipment
14 necessary to design, develop, manufacture, repair,
15 and support a program are available and affordable
16 within the scopes of the B–21 aircraft program and
17 the Sentinel intercontinental ballistic missile weapon
18 system program.
19 ‘‘(c) ANNUAL REPORT.—At the same time as the
20 submission of the budget of the President pursuant to sec-
21 tion 1105(a) of title 31 for a fiscal year, the Secretary
23 port with respect to the status of the combined industrial
24 base described in subsection (a).’’.
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1 SEC. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUN-
2 CIL.
3 (a) RESPONSIBILITIES.—Subsection (d) of section

4 179 of title 10, United States Code, is amended—
5 (1) in paragraph (9), by inserting ‘‘, in coordi-
6 nation with the Joint Requirements Oversight Coun-
7 cil,’’ after ‘‘capabilities, and’’;
9 (12) as paragraphs (11), (12), and (13), respec-
10 tively;
13 ‘‘(10) With respect to nuclear warheads—
14 ‘‘(A) reviewing military requirements, per-
15 formance requirements, and planned delivery
16 schedules to evaluate whether such require-
17 ments and schedules create significant risks to
18 cost, schedules, or other matters regarding pro-
19 duction, surveillance, research, and other pro-
20 grams relating to nuclear weapons within the
21 National Nuclear Security Administration; and
22 ‘‘(B) if any such risk exists, proposing and
23 analyzing adjustments to such requirements
24 and schedules.’’; and
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1362
1 (4) by striking paragraph (13), as so redesig-
2 nated, and inserting the following new paragraph
3 (13):
4 ‘‘(13) Coordinating risk management efforts be-
5 tween the Department of Defense and the National
6 Nuclear Security Administration relating to the nu-
7 clear weapons stockpile, the nuclear security enter-
8 prise (as defined in section 4002 of the Atomic En-
9 ergy Defense Act (50 U.S.C. 2501)), and the deliv-
10 ery platforms for nuclear weapons, including with re-
11 spect to identifying and analyzing risks and pro-
12 posing actions to mitigate risks.’’.
13 (b) PLANS AND BUDGET.—Subsection (f) of such
14 section is amended to read as follows:
15 ‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The
16 Council shall annually review the plans and budget of the
17 National Nuclear Security Administration and assess
18 whether such plans and budget meet the current and pro-
19 jected requirements relating to nuclear weapons.
20 ‘‘(2)(A) The Council shall review each budget request
21 transmitted by the Secretary of Energy to the Council
22 under section 4717 of the Atomic Energy Defense Act (50
23 U.S.C. 2757) and make a determination under subpara-
24 graph (B) regarding the adequacy of each such request.
25 Not later than 30 days after making such a determination,
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1 the Council shall notify the congressional defense commit-
2 tees that such a determination has been made.
3 ‘‘(B)(i) If the Council determines that a budget re-
4 quest for a fiscal year transmitted to the Council under
5 section 4717 of the Atomic Energy Defense Act (50
6 U.S.C. 2757) is inadequate, in whole or in part, to imple-
7 ment the objectives of the Department of Defense with
8 respect to nuclear weapons for that fiscal year, the Council
9 shall submit to the Secretary of Energy a written descrip-
10 tion of funding levels and specific initiatives that would,
11 in the determination of the Council, make the budget re-
12 quest adequate to implement those objectives.
13 ‘‘(ii) If the Council determines that a budget request
14 for a fiscal year transmitted to the Council under section
15 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757)
16 is adequate to implement the objectives described in clause
17 (i) for that fiscal year, the Council shall submit to the
18 Secretary of Energy a written statement confirming the
19 adequacy of the request.
20 ‘‘(iii) The Council shall maintain a record of each de-
21 scription submitted under clause (i) and each statement
22 submitted under clause (ii).
23 ‘‘(3) Not later than 30 days after the President sub-
24 mits to Congress the budget for a fiscal year under section
25 1105(a) of title 31, the Council shall submit to the con-
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1 gressional defense committees a report containing the fol-
2 lowing:
3 ‘‘(A) The results of the assessment conducted
4 under paragraph (1) with respect to that budget.
5 ‘‘(B) An evaluation of—
6 ‘‘(i) whether the funding requested for the
7 National Nuclear Security Administration in
8 such budget—
9 ‘‘(I) enables the Administrator for
10 Nuclear Security to meet requirements re-
11 lating to nuclear weapons for such fiscal
12 year; and
13 ‘‘(II) is adequate to implement the ob-
14 jectives of the Department of Defense with
15 respect to nuclear weapons for that fiscal
16 year; and
17 ‘‘(ii) whether the plans and budget re-
18 viewed under paragraph (1) will enable the Ad-
19 ministrator to meet—
20 ‘‘(I) the requirements to produce war
21 reserve plutonium pits under section
22 4219(a) of such Act (50 U.S.C. 2538a(a));
23 and
24 ‘‘(II) any other requirements under
25 Federal law.
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1 ‘‘(C) If the evaluation under subparagraph
2 (B)(ii) determines that the plans and budget re-
3 viewed under paragraph (1) will not enable the Ad-
4 ministrator to meet the requirements to produce war
5 reserve plutonium pits under section 4219(a) of the
6 Atomic Energy Defense Act (50 U.S.C. 2538a(a))—
7 ‘‘(i) an explanation for why the plans and
8 budget will not enable the Administrator to
9 meet such requirements; and
10 ‘‘(ii) proposed alternative plans, budget, or
11 requirements by the Council to meet such re-
12 quirements.
13 ‘‘(4) If a member of the Council does not concur in
14 any assessment or evaluation under this subsection, the
15 report or other information required to be submitted to
16 the congressional defense committees regarding such as-
17 sessment or evaluation shall include a written explanation
18 from the non-concurring member describing the reasons
19 for the member’s nonconcurrence.
20 ‘‘(5)(A) Not later than 30 days after the President
21 submits to Congress the budget for a fiscal year under
22 section 1105(a) of title 31, the Commander of the United
23 States Strategic Command shall submit to the Chairman
24 of the Joint Chiefs of Staff an assessment of—
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1 ‘‘(i) whether such budget allows the Fed-
2 eral Government to meet the nuclear stockpile
3 and stockpile stewardship program require-
4 ments during the fiscal year covered by the
5 budget and the four subsequent fiscal years;
6 and
7 ‘‘(ii) if the Commander determines that
8 such budget does not allow the Federal Govern-
9 ment to meet such requirements, a description
10 of the steps being taken to meet such require-
11 ments.
12 ‘‘(B) Not later than 30 days after the date on which
13 the Chairman of the Joint Chiefs of Staff receives the as-
14 sessment of the Commander of the United States Stra-
15 tegic Command under subparagraph (A), the Chairman
16 shall submit to the congressional defense committees—
17 ‘‘(i) such assessment as it was submitted to the
18 Chairman; and
19 ‘‘(ii) any comments of the Chairman.
20 ‘‘(6) In this subsection, the term ‘budget’ has the
21 meaning given that term in section 231(f) of this title.’’.
22 (c) MODIFICATION OF BUDGET REVIEW BY NU-
23 CLEAR WEAPONS COUNCIL.—Section 4717 of the Atomic
24 Energy Defense Act (50 U.S.C. 2757) is amended—
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1 (A) by striking paragraph (2) and insert-
2 ing the following:
3 ‘‘(2) REVIEW.—The Council shall review each
4 budget request transmitted to the Council under
5 paragraph (1) in accordance with section 179(f) of
6 title 10, United States Code.’’; and
7 (B) in paragraph (3)(A)—
8 (i) in the matter preceding clause (i),
9 by striking ‘‘paragraph (2)(B)(i)’’ and in-
10 serting ‘‘section 179(f)(2)(B)(i) of title 10,
11 United States Code,’’; and
12 (ii) in clause (i), by striking ‘‘the de-
13 scription under paragraph (2)(B)(i)’’ and
14 inserting ‘‘that description’’; and
16 (A) by striking ‘‘COUNCIL.—’’ in the head-
17 ing and all that follows through ‘‘At the time’’
18 and inserting ‘‘COUNCIL.—At the time’’; and
19 (B) by striking paragraph (2).
20 (d) UPDATES ON MEETINGS.—Section 179(g)(1)(A)
21 of title 10, United States Code, is amended by inserting
22 ‘‘and the members who attended each meeting’’ before the
23 semicolon.
24 (e) REPEAL OF TERMINATION OF NUCLEAR WEAP-
25 ONS COUNCIL CERTIFICATION AND REPORTING REQUIRE-
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1 MENT.—Section 1061(c) of the National Defense Author-
3 10 U.S.C. 111 note) is amended by striking paragraph
4 (10).
5 SEC. 1634. PORTFOLIO MANAGEMENT FRAMEWORK FOR
6 NUCLEAR FORCES.

9 lowing new section (and conforming the table of sections
10 at the beginning of such chapter accordingly):
11 ‘‘§ 499c. Portfolio management framework for nuclear
12 forces
13 ‘‘(a) REQUIREMENT.—Not later than January 1,

15 ‘‘(1) implement a portfolio management frame-
16 work for nuclear forces of the United States that—
17 ‘‘(A) specifies the portfolio of nuclear
18 forces covered by the framework;
19 ‘‘(B) establishes a portfolio governance
20 structure for such forces that takes advantage
21 of, or is modeled on, an existing portfolio gov-
22 ernance structure, such as the Deputy’s Man-
23 agement Action Group described in Department
24 of Defense Directive 5105.79;
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1 ‘‘(C) outlines the approach of the Sec-
2 retary for identifying and managing risk relat-
3 ing to such forces and prioritizing the efforts
4 among such forces, including how the Sec-
5 retary, acting through the Under Secretary of
6 Defense for Acquisition and Sustainment, will
7 coordinate such identification, management,
8 and prioritization with the Administrator for
9 Nuclear Security using the coordination proc-
10 esses of the Nuclear Weapons Council; and
11 ‘‘(D) incorporates the findings and rec-
12 ommendations identified by the Comptroller
13 General of the United States in the report titled
14 ‘Nuclear Enterprise: DOD and NNSA Could
15 Further Enhance How They Manage Risk and
16 Prioritize Efforts’ (GAO–22–104061) and
17 dated January 2022; and
18 ‘‘(2) complete a comprehensive assessment of
19 the portfolio management capabilities required to
20 identify and manage risk in the portfolio of nuclear
21 forces, including how to draw upon public and pri-
22 vate sector resources and the program management
23 expertise within the Defense Acquisition University.
24 ‘‘(b) ANNUAL BRIEFINGS; NOTIFICATIONS.—(1) In
25 conjunction with the submission of the budget of the
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1 President to Congress pursuant to section 1105 of title
2 31 for fiscal year 2025 and each fiscal year thereafter
3 through the date specified in subsection (c), the Secretary
5 briefing on identifying and managing risk relating to nu-
6 clear forces and prioritizing the efforts among such forces,
7 including, with respect to the period covered by the brief-
8 ing—
9 ‘‘(A) the current and projected operational re-
10 quirements for nuclear forces that were used for
11 such identification, management, and prioritization;
12 ‘‘(B) key areas of risk identified; and
13 ‘‘(C) a description of the actions proposed or
14 carried out to mitigate such risk.
15 ‘‘(2) The Secretary may provide the briefings under
16 paragraph (1) in classified form.
17 ‘‘(3) If a House of Congress adopts a bill authorizing
18 or appropriating funds that, as determined by the Sec-
19 retary, provides funds in an amount that will result in a
20 significant delay in the nuclear certification or delivery of
21 nuclear forces, the Secretary shall notify the congressional
22 defense committees of the determination.
23 ‘‘(c) TERMINATION.—The requirements of this sec-
24 tion shall terminate 90 days after the date on which the
25 Secretary certifies to the congressional defense committees
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1371
1 that each of the following have achieved full operational
2 capability:
3 ‘‘(1) The LGM–35A Sentinel intercontinental
4 ballistic missile weapon system.
5 ‘‘(2) The Columbia-class ballistic missile sub-
6 marine program.
7 ‘‘(3) The long-range standoff weapon program.
8 ‘‘(4) The B–21 Raider bomber aircraft pro-
9 gram.
10 ‘‘(5) The F–35A dual-capable aircraft program.
11 ‘‘(d) NUCLEAR FORCES DEFINED.—In this section,
12 the term ‘nuclear forces’ includes, at a minimum—
13 ‘‘(1) nuclear weapons;
14 ‘‘(2) the delivery platforms and systems for nu-
15 clear weapons;
16 ‘‘(3) nuclear command, control, and commu-
17 nications systems; and
18 ‘‘(4) the infrastructure and facilities of the De-
19 partment of Defense and the National Nuclear Secu-
20 rity Administration that support nuclear weapons,
21 the delivery platforms and systems for nuclear weap-
22 ons, and nuclear command, control, and communica-
23 tions systems, including with respect to personnel,
24 construction, operation, and maintenance.’’.
25 (b) INITIAL BRIEFING.—
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1 (1) REQUIREMENT.—Not later than June 1,
3 congressional defense committees a briefing on the
4 progress of the Secretary to—
5 (A) develop the portfolio management
6 framework for nuclear forces under section
7 499c of title 10, United States Code, as added
8 by subsection (a); and
9 (B) complete the assessment described in
10 subsection (a)(2) of such section.
11 (2) FORM.—The Secretary may provide the
12 briefing under paragraph (1) in classified form.
13 SEC. 1635. EXTENSION OF REQUIREMENT TO REPORT ON
14 NUCLEAR WEAPONS STOCKPILE.
15 Section 492a(a)(1) of title 10, United States Code,

17 SEC. 1636. MODIFICATION AND EXTENSION OF ANNUAL AS-
18 SESSMENT OF CYBER RESILIENCE OF NU-
19 CLEAR COMMAND AND CONTROL SYSTEM.
20 (a) QUARTERLY BRIEFINGS.—Subsection (d) of sec-

21 tion 499 of title 10, United States Code, is amended to
22 read as follows:
23 ‘‘(d) QUARTERLY BRIEFINGS.—(1) Not less than
24 once every quarter, the Deputy Secretary of Defense and
25 the Vice Chairman of the Joint Chiefs of Staff shall jointly
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1 provide to the Committees on Armed Services of the
2 House of Representatives and the Senate—
3 ‘‘(A) a briefing on any intrusion or anomaly in
4 the nuclear command, control, and communications
5 system that was identified during the previous quar-
6 ter, including—
7 ‘‘(i) an assessment of any known, sus-
8 pected, or potential impacts of such intrusions
9 and anomalies to the mission effectiveness of
10 military capabilities as of the date of the brief-
11 ing; and
12 ‘‘(ii) with respect to cyber intrusions of
13 contractor networks known or suspected to have
14 resulted in the loss or compromise of design in-
15 formation regarding the nuclear command, con-
16 trol, and communications system; or
17 ‘‘(B) if no such intrusion or anomaly occurred
18 with respect to the quarter to be covered by that
19 briefing, a notification of such lack of intrusions and
20 anomalies.
21 ‘‘(2) In this subsection:
22 ‘‘(A) The term ‘anomaly’ means a malicious,
23 suspicious or abnormal cyber incident that poten-
24 tially threatens the national security or interests of
25 the United States, or that is likely to result in de-
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1 monstrable harm to the national security of the
2 United States.
3 ‘‘(B) The term ‘intrusion’ means an unauthor-
4 ized and malicious cyber incident that compromises
5 a nuclear command, control, and communications
6 system by breaking the security of such a system or
7 causing it to enter into an insecure state.’’.
8 (b) EXTENSION.—Subsection (e) of such section is
10 ‘‘December 31, 2032’’.
11 (c) CONFORMING REPEAL.—Section 171a of title 10,
13 (1) by striking subsection (h); and
14 (2) by redesignating subsections (i) through (l)
15 as subsections (h) through (k), respectively.
16 SEC. 1637. MODIFICATION OF REPORTS ON NUCLEAR POS-
17 TURE REVIEW IMPLEMENTATION.
18 Section 491(c) of title 10, United States Code is

19 amended—
20 (1) in the heading, by striking ‘‘2010’’;
22 (A) by striking ‘‘2012 through 2021’’ and
23 inserting ‘‘2022 through 2031’’; and
24 (B) by striking ‘‘2010’’ and inserting ‘‘a’’;
25 and
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1375
2 following new paragraph (1.):
3 ‘‘(1) ensure that the report required by section
4 492a of this title is transmitted to Congress, if so
5 required under such section;’’.
6 SEC. 1638. ESTABLISHMENT OF INTERCONTINENTAL BAL-
7 LISTIC MISSILE SITE ACTIVATION TASK
8 FORCE FOR SENTINEL PROGRAM.
10 (1) TASK FORCE.—There is established within
11 the Air Force Global Strike Command a directorate
12 to be known as the Sentinel Intercontinental Bal-
13 listic Missile Site Activation Task Force (in this sec-
14 tion referred to as the ‘‘Task Force’’).
15 (2) SITE ACTIVATION TASK FORCE.—The Task
16 Force shall serve as the Site Activation Task Force
17 (as that term is defined in Air Force Instruction 10–
18 503, updated October 14, 2020) for purposes of
19 overseeing and coordinating the construction of fixed
20 facilities and emplacements and the installation and
21 checkout of supporting subsystems and equipment
22 leading to the deployment and achievement of full
23 operational capability of the LGM–35A Sentinel
24 intercontinental ballistic missile weapon system at
25 each intercontinental ballistic missile wing for use by
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1 the Air Force Global Strike Command in support of
2 plans and operations of the United States Strategic
3 Command.
4 (b) DIRECTOR.—
5 (1) HEAD.—The Task Force shall be headed by
6 the Director of Intercontinental Ballistic Missile
7 Modernization.
8 (2) APPOINTMENT.—
9 (A) IN GENERAL.—The Secretary of the
10 Air Force shall appoint the Director from
11 among the general officers of the Air Force.
12 (B) QUALIFICATIONS.—In appointing the
13 Director, the Secretary shall give preference to
14 individuals with expertise in intercontinental
15 ballistic missile operations and large construc-
16 tion projects.
17 (3) TERM OF OFFICE.—
18 (A) TERM.—The Director shall be ap-

19 pointed for a term of three years. The Sec-
20 retary may reappoint the Director for one addi-
21 tional three-year term.
22 (B) REMOVAL.—The Secretary may re-
23 move the Director for cause at any time.
24 (4) DUTIES.—
25 (A) IN GENERAL.—The Director shall—
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1 (i) oversee and coordinate the activi-
2 ties of the Air Force in support of—
3 (I) the deployment of the LGM–
4 35A Sentinel intercontinental ballistic
5 missile weapon system; and
6 (II) the retirement of the LGM–
7 30G Minuteman III intercontinental
8 ballistic missile weapon system; and
9 (ii) subject to the authority, direction,
10 and control of the Commander of the Air
11 Force Global Strike Command, the Chief
12 of Staff of the Air Force, and the Sec-
13 retary of the Air Force, prepare, justify,
14 and execute the personnel, operation and
15 maintenance, and construction budgets for
16 such deployment and retirement.
17 (B) RULE OF CONSTRUCTION.—Nothing in
18 this subsection shall be construed to supersede
19 or otherwise alter the organizational relation-
20 ships and responsibilities regarding oversight
21 and management of the LGM–35A Sentinel as
22 a Major Capability Acquisition Program, as
23 outlined in Department of Defense Instruction
24 5000.85, ‘‘Major Capability Acquisition’’, dated
25 November 4, 2021.
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1 (c) REPORTS.—
2 (1) REPORT TO SECRETARIES.—Not later than
3 one year after the date of the enactment of this Act,
4 and annually thereafter until the date specified in
5 subsection (e), the Director, in consultation with the
6 milestone decision authority (as defined in section
7 4251(d) of title 10, United States Code) for the
8 LGM–35A Sentinel intercontinental ballistic missile
9 program, shall submit to the Secretary of Defense
10 and the Secretary of the Air Force a report on the
11 progress of the Air Force in achieving initial and full
12 operational capability for the LGM–35A Sentinel
13 intercontinental ballistic missile weapon system.
14 (2) REPORT TO CONGRESS.—Not later than 30
15 days after receiving a report under paragraph (1),
16 the Secretary of Defense and the Secretary of the
17 Air Force shall jointly submit to the congressional
18 defense committees the report.
19 (3) FORM.—The report under paragraph (1)
20 shall be submitted in unclassified form, but may in-
21 clude a classified annex.
22 (4) QUARTERLY BRIEFING.—Not later than one
23 year after the date of the enactment of this Act, and
24 every 90 days thereafter until the date specified in
25 subsection (e), the Secretary of the Air Force shall
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1 provide to the congressional defense committees a
2 briefing regarding the progress made on activities by
3 the Task Force to bring the LGM–35A Sentinel
4 intercontinental ballistic missile weapon system to
5 operational capability at each intercontinental bal-
6 listic missile wing.
7 (d) WEAPON SYSTEM DESIGNATION.—
8 (1) WEAPON SYSTEM.—For purposes of nomen-
9 clature and life cycle maintenance, each wing level
10 configuration of the LGM–35A Sentinel interconti-
11 nental ballistic missile shall be considered a weapon
12 system.
14 (A) The term ‘‘weapon system’’ has the
15 meaning given the term in Department of the
16 Air Force Pamphlet 63–128, updated February
17 3, 2021.
18 (B) The term ‘‘wing level configuration’’
19 means the complete arrangement of subsystems
20 and equipment of the LGM–35A Sentinel inter-
21 continental ballistic missile required to function
22 as a wing.
23 (e) TERMINATION.—The Task Force shall terminate
24 not later than 90 days after the date on which the Com-
25 mander of the United States Strategic Command and the
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1 Commander of the Air Force Global Strike Command (or
2 the heads of successor agencies of the United States Stra-
3 tegic Command and the Air Force Global Strike Com-
4 mand) jointly declare that the LGM–35A Sentinel inter-
5 continental ballistic missile weapon system has achieved
6 full operational capability.
7 SEC. 1639. PROHIBITION ON REDUCTION OF THE INTER-
8 CONTINENTAL BALLISTIC MISSILES OF THE
9 UNITED STATES.

11 (b), none of the funds authorized to be appropriated by
13 for the Department of Defense may be obligated or ex-
14 pended for the following, and the Department may not
15 otherwise take any action to do the following:
16 (1) Reduce, or prepare to reduce, the respon-
17 siveness or alert level of the intercontinental ballistic
18 missiles of the United States.
19 (2) Reduce, or prepare to reduce, the quantity
20 of deployed intercontinental ballistic missiles of the
21 United States to a number less than 400.
22 (b) EXCEPTION.—The prohibition in subsection (a)
23 shall not apply to any of the following activities:
24 (1) The maintenance or sustainment of inter-
25 continental ballistic missiles.
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1 (2) Ensuring the safety, security, or reliability
2 of intercontinental ballistic missiles.
3 (3) Facilitating the transition from the Minute-
4 man III intercontinental ballistic missile to the Sen-
5 tinel intercontinental ballistic missile (previously re-
6 ferred to as the ‘‘ground-based strategic deterrent
7 weapon’’).
8 SEC. 1640. PLAN FOR DEVELOPMENT OF REENTRY VEHI-
9 CLES.
10 (a) PLAN.—The Under Secretary of Defense for Ac-

11 quisition and Sustainment, in consultation with the Ad-
12 ministrator for Nuclear Security and the Under Secretary
13 of Defense for Research and Engineering, shall produce
14 a plan for the development, during the 20-year period be-
15 ginning on the date of the enactment of this Act, of—
16 (1) the Mark 21A reentry vehicle for the Air
17 Force;
18 (2) the Mark 7 reentry vehicle for the Navy;
19 and
20 (3) any other reentry vehicles for—
21 (A) the Sentinel intercontinental ballistic
22 missile weapon system;
23 (B) the Trident II (D5) submarine-
24 launched ballistic missile, or subsequent missile;
25 and
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1 (C) any other long-range ballistic or
2 hypersonic strike missile that may rely upon
3 technologies similar to the technologies used in
4 the missiles described in subparagraphs (A) and
5 (B).
6 (b) ELEMENTS.—The plan under subsection (a)
7 shall—
8 (1) with respect to the development of each re-
9 entry vehicle described in such subsection, de-
10 scribe—
11 (A) timed phases of production for the re-
12 entry aeroshell and the planned production and
13 fielding of the reentry vehicle;
14 (B) the required developmental and oper-
15 ational testing capabilities and capacities, in-
16 cluding such capabilities and capacities of the
17 reentry vehicle;
18 (C) the technology development and manu-
19 facturing capabilities that may require use of
20 authorities under the Defense Production Act of
21 1950 (50 U.S.C. 4501 et seq.); and
22 (D) the industrial base capabilities and ca-
23 pacities, including the availability of sufficient
24 critical materials and staffing to ensure ade-
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1 quate competition between entities developing
2 the reentry vehicle;
3 (2) provide estimated cost projections for the
4 development of the first operational reentry vehicle
5 and the production of subsequent reentry vehicles to
6 meet the requirements of the Navy and Air Force;
7 and
8 (3) provide for the coordination with and ac-
9 count for the needs of the development by the De-
10 partment of Defense of hypersonic systems using
11 materials, staffing, and an industrial base similar to
12 that required for the development of reentry vehicles
13 described in subsection (a).
14 (c) ASSESSMENTS.—
15 (1) COST PROJECTIONS.—The Director of the
16 Office of Cost Assessment and Program Evaluation
17 of the Department of Defense, in coordination with
18 the Director of the Office of Cost Estimating and
19 Program Evaluation of the National Nuclear Secu-
20 rity Administration, shall conduct an assessment of
21 the costs of the plan under subsection (a).
22 (2) TECHNOLOGY AND MANUFACTURING READI-
23 NESS.—Not later than 90 days after the date of the

24 enactment of this Act, the Under Secretary of De-
25 fense for Acquisition and Sustainment shall seek to
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1 enter into an agreement with a federally funded re-
2 search and development center to conduct an assess-
3 ment of the technology and manufacturing readiness
4 levels with respect to the plan under subsection (a).
5 (d) SUBMISSION TO CONGRESS.—Not later than one
6 year after the date of the enactment of this Act, the Under
7 Secretary of Defense for Acquisition and Sustainment
8 shall submit to the congressional defense committees the
9 plan under subsection (a) and the assessments under sub-
10 section (c).
11 SEC. 1641. TREATMENT OF NUCLEAR MODERNIZATION AND
12 HYPERSONIC MISSILE PROGRAMS WITHIN
13 DEFENSE PRIORITIES AND ALLOCATIONS
14 SYSTEM.
15 (a) REVIEW AND BRIEFING.—Not later than January

16 1, 2023, and annually thereafter until January 1, 2028,
17 the Secretary of Defense and the Secretary of Energy
18 shall jointly provide to the congressional defense commit-
19 tees a briefing, with respect to each nuclear weapons deliv-
20 ery system, missile warning system, hypersonic boost-glide
21 missile system program, and weapon program or nuclear
22 security enterprise infrastructure project of the National
23 Nuclear Security Administration, on—
24 (1) which such programs or projects have been
25 reviewed or considered for a determination of DX
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1 priority rating under part 700 of title 15, Code of
2 Federal Regulations;
3 (2) which, if any, such programs or projects
4 have been assigned a DX priority rating, or have
5 been determined to require such rating and a
6 timeline for assignment;
7 (3) any such programs or projects that have
8 sought DX rating but have been denied assignment,
9 including a rationale for denial;
10 (4) any such program or project which had pre-
11 viously obtained a DX rating and the designation
12 was unassigned; and
13 (5) other related matters the Secretaries deter-
14 mine appropriate, including the potential impacts
15 and risks to other programs.
16 (b) MILESTONE REVIEW REQUIREMENT.—With re-
17 spect to any program or project that the Secretary of De-
18 fense and the Secretary of Energy identify under sub-
19 section (a)(1) as not having been reviewed or considered
20 for a determination of DX priority rating under part 700
21 of title 15, Code of Federal Regulations, the respective
22 Secretary shall—
23 (1) conduct an assessment regarding the need
24 for such a DX priority rating not less frequently
25 than prior to the program or project achieving Mile-
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1 stone A approval, Milestone B approval, and Mile-
2 stone C approval, or equivalent; and
3 (2) document such assessment within the acqui-
4 sition decision memorandum, or equivalent, for the
5 program or project.
6 SEC. 1642. MATTERS RELATING TO NUCLEAR-CAPABLE SEA-
7 LAUNCHED CRUISE MISSILE.
8 (a) REPORT ON DETERRENCE.—Not later than 270

11 committees a report that describes the approach by the
12 Department of Defense for deterring theater nuclear em-
13 ployment by Russia, China, and North Korea, including—
14 (1) an assessment of the current and future
15 theater nuclear capabilities and doctrines of Russia,
16 China, and North Korea;
17 (2) an explanation of the strategy and capabili-
18 ties of the United States for deterring theater nu-
19 clear employment; and
20 (3) a comparative assessment of options for
21 strengthening deterrence of theater nuclear employ-
22 ment, including pursuit of the nuclear-capable sea-
23 launched cruise missile and other potential changes
24 to the nuclear and conventional posture and capabili-
25 ties of the United States.
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1 (b) CONCEPT OF OPERATIONS AND OPERATIONAL
2 IMPLICATIONS.—
3 (1) CONCEPT OF OPERATIONS.—Not later than
5 the Vice Chairman of the Joint Chiefs of Staff, in
6 coordination with the Chief of Naval Operations, the
7 Under Secretary of Defense for Policy, the Com-
8 mander of the United States Strategic Command,
9 the Commander of the United States European
10 Command, and the Commander of the United States
11 Indo-Pacific Command, shall develop and validate a
12 concept of operations for a nuclear-capable sea-
13 launched cruise missile that provides options for, at
14 a minimum—
15 (A) regularly deploying the missile in rel-
16 evant operational theaters; and
17 (B) maintaining the missile in reserve and
18 deploying as needed to relevant operational the-
19 aters.
20 (2) OPERATIONAL IMPLICATIONS.—Not later
21 than 270 days after the date of the enactment of
22 this Act, and based upon the concept of operations
23 developed pursuant to paragraph (1), the Chief of
24 Naval Operations, in coordination with the Vice
25 Chairman of the Joint Chiefs of Staff, the Com-
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1 mander of the United States Strategic Command,
2 the Commander of the United States European
3 Command, and the Commander of the United States
4 Indo-Pacific Command, shall submit to the congres-
5 sional defense committees a report that describes the
6 operational implications associated with deploying
7 nuclear-capable sea-launched cruise missiles on naval
8 vessels, including—
9 (A) anticipated effects on the deterrence of
10 regional nuclear use by Russia, China, and
11 North Korea from such deployment;
12 (B) expected adjustments in the regional
13 balances of nuclear forces between the United
14 States and Russia, China, and North Korea re-
15 spectively, based on the anticipated effects
16 under subparagraph (A);
17 (C) anticipated operational and deterrence
18 implications of allocating missile or torpedo
19 tubes from conventional munitions to nuclear
20 munitions if additional vessels beyond current
21 planning are not available;
22 (D) anticipated operational constraints and
23 trade-offs associated with reserving or limiting
24 naval vessels, if applicable, on account of nu-
25 clear mission requirements;
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1 (E) adjustments to posture and operation-
2 ally available capabilities that may be required
3 if the Navy is not provided with additional re-
4 sources to support tactical nuclear operations,
5 including potential costs and constraints relat-
6 ing to nuclear certification, modifications to
7 port infrastructure, personnel training, and
8 other factors; and
9 (F) any other issues identified by the
10 Chief, Vice Chairman, and Commanders.
11 (c) REPORT ON DEVELOPMENT.—Not later than 270
12 days after the date of the enactment of this Act, the Ad-
13 ministrator for Nuclear Security shall submit to the con-
14 gressional defense committees a report that describes the
15 cost and timeline of developing and producing a variation
16 of the W80–4 warhead for a nuclear-capable sea-launched
17 cruise missile, including—
18 (1) the cost of developing, producing, and sus-
19 taining the warhead;
20 (2) the timeline for the design, production, and
21 fielding of the warhead; and
22 (3) an assessment of how the pursuit of a vari-
23 ant of the W80–4 warhead may affect other planned
24 warhead activities of the National Nuclear Security
25 Administration, including whether there would be
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1 risk to the cost and schedule of other warhead pro-
2 grams of the Administration if the Nuclear Weapons
3 Council added a nuclear-capable sea-launched cruise
4 missile warhead to the portfolio of such programs.
5 (d) SPEND PLAN.—Not later than 45 days after the
7 Navy and the Administrator for Nuclear Security shall
8 submit to the congressional defense committees the antici-
9 pated spend plans for the research and development of a
10 nuclear-capable sea-launched cruise missile and the associ-
11 ated warhead for the missile with respect to each of the
12 following:
13 (1) The funds for such research and develop-
14 ment appropriated by the Consolidated Appropria-
15 tions Act, 2022 (Public Law 117–103).
16 (2) The funds for such research and develop-
17 ment authorized to be appropriated by this Act.
18 (e) CONSOLIDATED REPORT.—The reports required
19 by subsections (a) and (b)(2) may be submitted in one
20 consolidated report.
21 (f) PREFERRED COURSE OF ACTION.—To inform the
22 reports under this section, not later than 30 days after
24 Defense shall identify one or more preferred courses of
25 action from among the actions identified in the analysis
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1 of alternatives for a nuclear-capable sea-launched cruise
2 missile.
3 (g) LIMITATION.—
4 (1) IN GENERAL.—None of the funds author-
5 ized to be appropriated by this Act or otherwise
6 made available for fiscal year 2023 for the Depart-
7 ment of Defense or the National Nuclear Security
8 Administration may be obligated or expended for a
9 purpose specified in paragraph (2) until each of the
10 reports under this section and a detailed, unclassi-
11 fied summary of the analysis of alternatives regard-
12 ing the nuclear-capable sea-launched cruise missile
13 have been submitted to the congressional defense
14 committees.
15 (2) FUNDS SPECIFIED.—The purposes specified
16 in this paragraph are the following:
17 (A) With respect to the Department of De-
18 fense, system development and demonstration
19 of a nuclear-capable sea-launched cruise missile.
20 (B) With respect to the National Nuclear
21 Security Administration, development engineer-
22 ing for a modified, altered, or new warhead for
23 a sea-launched cruise missile.
24 (h) DEFINITIONS.—In this section:
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1 (1) The term ‘‘development engineering’’ means
2 activities under phase 3 of the joint nuclear weapons
3 life cycle (as defined in section 4220 of the Atomic
4 Energy Defense Act (50 U.S.C. 2538b) or phase 6.3
5 of a nuclear weapons life extension program.
6 (2) The term ‘‘system development and dem-
7 onstration’’ means the activities occurring in the
8 phase after a program achieves Milestone B ap-
9 proval (as defined in section 4172 of title 10, United
10 States Code).
11 Subtitle D—Missile Defense
12 Programs
13 SEC. 1651. BIANNUAL BRIEFING ON MISSILE DEFENSE AND
14 RELATED ACTIVITIES.

16 ed by inserting after section 486 the following new section
19 ‘‘§ 487. Biannual briefing on missile defense and re-
20 lated activities
21 ‘‘(a) IN GENERAL.—On or about June 1 and Decem-

22 ber 1 of each year, the officials specified in subsection (b)
25 matters relating to missile defense policies, operations,
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1 technology development, and other similar topics as re-
2 quested by such committees.
3 ‘‘(b) OFFICIALS SPECIFIED.—The officials specified
5 ‘‘(1) The Assistant Secretary of Defense for Ac-
6 quisition.
8 Space Policy.
9 ‘‘(3) The Director of the Missile Defense Agen-
10 cy.
11 ‘‘(4) The Director for Strategy, Plans, and Pol-
12 icy of the Joint Staff.
13 ‘‘(c) DELEGATION.—An official specified in sub-
14 section (b) may delegate the authority to provide a brief-
15 ing required by subsection (a) to a member of the Senior
16 Executive Service who reports to the official.
17 ‘‘(d) TERMINATION.—The requirement to provide a
18 briefing under subsection (a) shall terminate on January
19 1, 2028.’’.
20 SEC. 1652. IMPROVEMENTS TO ACQUISITION ACCOUNT-
21 ABILITY REPORTS ON THE BALLISTIC MIS-
22 SILE DEFENSE SYSTEM.
23 (a) ELEMENTS OF BASELINES.—Subsection (b) of

24 section 225 of title 10, United States Code, is amended—
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1 (1) in paragraph (1)(C), by striking ‘‘and
2 flight’’ and inserting ‘‘, flight, and cybersecurity’’;
3 (2) in paragraph (2), by striking subparagraph
4 (C) and inserting the following new subparagraph
5 (C):
6 ‘‘(C) how the proposed capability satisfies
7 a capability requirement or performance at-
8 tribute identified through—
9 ‘‘(i) the missile defense warfighter in-
10 volvement process, as governed by United
11 States Strategic Command Instruction
12 538-03, or such successor document; or
13 ‘‘(ii) processes and products approved
14 by the Joint Chiefs of Staff or Joint Re-
15 quirements Oversight Council;’’; and
17 (A) in subparagraph (C), by striking ‘‘;
19 (B) in subparagraph (D), by striking the
20 period at the end and inserting ‘‘; and’’; and
22 subparagraph:
23 ‘‘(E) an explanation for why a program
24 joint cost analysis requirements description has
25 not been prepared and approved, and, if a pro-
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1 gram joint cost analysis requirements descrip-
2 tion is not applicable, the rationale for such in-
3 applicability.’’.
4 (b) ANNUAL REPORTS ON ACQUISITION BASE-
5 LINES.—Subsection (c) of such section is amended—
6 (1) in paragraph (2)(B)(ii)—
7 (A) in subclause (I)—
8 (i) by striking ‘‘initial’’ and inserting
9 ‘‘original’’; and
10 (ii) by striking ‘‘; and’’ and inserting
11 a semicolon;
12 (B) in subclause (II), by striking the pe-
13 riod at the ending and inserting ‘‘; and’’; and
15 subclause:
16 ‘‘(III) the most recent adjusted or revised
17 acquisition baseline for such program element
18 or major subprogram under subsection (d).’’;
20 graph (4);
23 ‘‘(3)(A) Each report under paragraph (1) shall in-
24 clude the total system costs for each element described in
25 subparagraph (B) that comprises the missile defense sys-
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1 tem, without regard to funding source or management
2 control (such as the Missile Defense Agency, a military
3 department, or other element of the Department of De-
4 fense).
5 ‘‘(B) The elements described in this subparagraph
7 ‘‘(i) Research and development.
8 ‘‘(ii) Procurement.
9 ‘‘(iii) Military construction.
10 ‘‘(iv) Operations and sustainment.
11 ‘‘(v) Disposal.’’; and
15 ‘‘(A) The term ‘original acquisition baseline’
16 means, with respect to a program element or major
17 subprogram, the first acquisition baseline created for
18 the program element or major subprogram that has
19 no previous iterations and has not been adjusted or
20 revised, including any adjustments or revisions pur-
21 suant to subsection (d).
22 ‘‘(B) The term ‘total system costs’ means, with
23 respect to each element that comprises the missile
24 defense system—
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1 ‘‘(i) all combined costs from closed, can-
2 celed, and active acquisition baselines;
3 ‘‘(ii) any costs shifted to or a part of fu-
4 ture efforts without an established acquisition
5 baseline; and
6 ‘‘(iii) any costs under the responsibility of
7 a military department or other Department en-
8 tity.’’.
9 (c) OPERATIONS AND SUSTAINMENT COST ESTI-
10 MATES.—Subsection (e) of such section is amended—
14 the end and inserting a semicolon; and
16 paragraphs:
17 ‘‘(3) the amount of operations and sustainment
18 costs (dollar value and base year) for which the mili-
19 tary department or other element of the Department
20 of Defense is responsible; and
21 ‘‘(4)(A) a citation to the source (such as a joint
22 cost estimate or one or more military department es-
23 timates) that captures the operations and
24 sustainment costs for which a military department
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1398
1 or other element of the Department of Defense is re-
2 sponsible;
3 ‘‘(B) the date the source was prepared; and
4 ‘‘(C) if and when the source was independently
5 verified by the Office for Cost Assessment and Pro-
6 gram Evaluation.’’.
7 SEC. 1653. MAKING PERMANENT PROHIBITIONS RELATING
8 TO MISSILE DEFENSE INFORMATION AND
9 SYSTEMS.
10 Section 130h of title 10, United States Code, is

11 amended by striking subsection (e).
12 SEC. 1654. NEXT GENERATION INTERCEPTORS FOR MIS-
13 SILE DEFENSE OF UNITED STATES HOME-
14 LAND.
15 (a) MODIFICATION TO CONGRESSIONAL NOTIFICA-

16 TION OF CANCELLATION.—Section 1668(c) of the Na-
18 (Public Law 117–81) is amended—
20 (A) by striking ‘‘30 days prior to any’’ and
21 inserting ‘‘90 days prior to implementation of
22 a’’; and
23 (B) by striking ‘‘Director’’ and inserting
24 ‘‘Secretary of Defense’’; and
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1 (2) in paragraph (2), by striking ‘‘Director’’
2 and inserting ‘‘Secretary’’.
3 (b) FUNDING PROFILE FOR INCREASED DEPLOY-
4 MENT.—Not later than 180 days after the date of the en-
5 actment of this Act, the Director of the Missile Defense
6 Agency shall submit to the congressional defense commit-
7 tees a report on the funding profile necessary, by fiscal
8 year, to acquire no fewer than 64 operational next genera-
9 tion interceptors for the next generation interceptor pro-
10 gram.
11 SEC. 1655. TERMINATION OF REQUIREMENT TO TRANSI-
12 TION BALLISTIC MISSILE DEFENSE PRO-
13 GRAMS TO THE MILITARY DEPARTMENTS.
14 Section 1676(b) of the National Defense Authoriza-

17 (1) in paragraph (1), by striking ‘‘Not’’ and in-
18 serting ‘‘Except as provided by paragraph (4), not’’;
19 and
21 paragraph:
22 ‘‘(4) TERMINATION OF REQUIREMENT.—The
23 requirement in paragraph (1) to transfer the au-

24 thorities specified in such paragraph shall terminate
25 on the date that is 60 days after the date on which
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December 6, 2022 (7:20 p.m.)
1400
1 the Secretary of Defense submits to the congres-
2 sional defense committees the report under section
3 1675(b) of the National Defense Authorization Act
5 2117).’’.
6 SEC. 1656. PERSISTENT CYBERSECURITY OPERATIONS FOR
7 BALLISTIC MISSILE DEFENSE SYSTEMS AND
8 NETWORKS.
9 (a) PLAN.—Not later than May 1, 2023, the Director

10 of the Missile Defense Agency and the Director of Oper-
11 ational Test and Evaluation, in coordination with the
12 Chairman of the Joint Chiefs of Staff, the Commander
13 of the United States Cyber Command, and other com-
14 manders of combatant commands and functions of the
15 Joint Staff as appropriate, shall jointly develop a plan to
16 allow for persistent cybersecurity operations across all net-
17 works and information systems supporting the missile de-
18 fense system.
19 (b) ELEMENTS.—The plan under subsection (a) shall
20 include the following:
21 (1) An inventory of all networks and informa-
22 tion systems that support the missile defense sys-
23 tem, including information about which components
24 or elements of the networks and information systems
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1401
1 are currently configured for persistent cybersecurity
2 operations.
3 (2) A strategy—
4 (A) for coordinating with the applicable
5 combatant commands on persistent cybersecu-
6 rity operations; and
7 (B) in which the Director for Operational
8 Test and Evaluation monitors and reviews such
9 operations and provides independent assess-
10 ments of the adequacy and sufficiency of the
11 operations.
12 (3) A plan for how the Director of the Missile
13 Defense Agency will respond to cybersecurity testing
14 recommendations made by the Director for Oper-
15 ational Test and Evaluation.
16 (4) The timeline required to execute the plan.
17 (c) BRIEFINGS.—The Director of the Missile Defense
18 Agency and the Director for Operational Test and Evalua-
19 tion shall jointly provide to the congressional defense com-
20 mittees a briefing—
21 (1) not later than May 15, 2023, on the plan
22 developed under subsection (a); and
23 (2) not later than December 30, 2023, on
24 progress made toward implementing such plan.
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December 6, 2022 (7:20 p.m.)
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1 SEC. 1657. FIRE CONTROL ARCHITECTURES.
2 (a) FIRE CONTROL QUALITY DATA REQUIRE-

3 MENT.—In carrying out the analysis of candidate fire con-
4 trol architectures, the Secretary of the Air Force shall en-
5 sure that the Director of the Space Warfighting Analysis
6 Center of the Space Force, at a minimum, maintains the
7 requirements needed for the missile defense command and
8 control, battle management, and communications system
9 to pass the needed quality data within the timelines need-
10 ed for current and planned interceptor systems to support
11 engagements of ballistic and hypersonic threats as de-
12 scribed in section 1645 of the William M. (Mac) Thorn-
13 berry National Defense Authorization Act for Fiscal Year
14 2021 (Public Law 116–283; 134 Stat. 4062).
15 (b) BRIEFING.—Not later than 14 days after the date
16 on which the Director of the Space Warfighting Analysis
17 Center concludes the analysis of candidate fire control ar-
18 chitectures, the Director shall provide to the Committees
20 the Senate a briefing on the results of the analysis, includ-
21 ing the findings of the Director and the architecture rec-
22 ommended by the Director for a future fire control archi-
23 tecture to support engagement of ballistic and hypersonic
24 threats.
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December 6, 2022 (7:20 p.m.)
1403
1 SEC. 1658. MIDDLE EAST INTEGRATED AIR AND MISSILE
2 DEFENSE.

4 sultation with the Secretary of State and the Director of
5 the Defense Intelligence Agency, shall seek to cooperate
6 with allies and partners in the Middle East with respect
7 to implementing an integrated air and missile defense ar-
8 chitecture to protect the people, infrastructure, and terri-
9 tory of such countries from cruise and ballistic missiles,
10 manned and unmanned aerial systems, and rocket attacks
11 from Iran and groups linked to Iran.
12 (b) STRATEGY.—
15 retary, in consultation with the Secretary of State,
17 mittees a strategy on cooperation with allies and
18 partners in the area of responsibility of the United
19 States Central Command to implement a multi-
20 national integrated air and missile defense architec-
21 ture to protect the people, infrastructure, and terri-
22 tory of such countries from cruise and ballistic mis-
23 siles, manned and unmanned aerial systems, and
24 rocket attacks from Iran and groups linked to Iran.
25 (2) CONTENTS.—The strategy submitted under
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December 6, 2022 (7:20 p.m.)
1404
1 (A) An assessment of the threat of ballistic
2 and cruise missiles, manned and unmanned aer-
3 ial systems, and rocket attacks from Iran and
4 groups linked to Iran to allies and partners
5 within the area of responsibility of the United
6 States Central Command.
7 (B) A description of current efforts to co-
8 ordinate indicators and warnings from such at-
9 tacks with allies and partners within such area
10 of responsibility.
11 (C) An analysis of current integrated air
12 and missile defense systems to defend against
13 attacks, in coordination with allies and partners
14 within such area of responsibility.
15 (D) An explanation of how a multinational
16 integrated air and missile defense architecture
17 would improve collective security in such area of
18 responsibility.
19 (E) A description of efforts to engage spec-
20 ified foreign partners in establishing such an
21 architecture.
22 (F) An identification of elements of the
23 multinational integrated air and missile defense
24 architecture that—
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December 6, 2022 (7:20 p.m.)
1405
1 (i) can be acquired and operated by
2 specified foreign partners; and
3 (ii) can only be provided and operated
4 by members of the Armed Forces.
5 (G) An identification of any challenges in
6 establishing a multinational integrated air and
7 missile defense architecture with specified for-
8 eign partners, including assessments of the ca-
9 pacity and capability of specified foreign part-
10 ners and their ability to independently operate
11 key technical components of such an architec-
12 ture, including radars and interceptor systems.
13 (H) A description of relevant consultation
14 with the Secretary of State and the ways in
15 which such an architecture advances United
16 States regional diplomatic goals and objectives.
17 (I) Recommendations for addressing the
18 challenges identified in subparagraph (G) so
19 that the strategy can be implemented effec-
20 tively.
21 (J) Such other matters as the Secretary
23 (3) PROTECTION OF SENSITIVE INFORMA-
24 TION.—Any activity carried out under paragraph (1)

25 shall be conducted in a manner that is consistent
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December 6, 2022 (7:20 p.m.)
1406
1 with protection of intelligence sources and methods
2 and appropriately protects sensitive information and
3 the national security interests of the United States.
4 (4) FORMAT.—The strategy submitted under
6 form, but may include a classified annex.
11 (2) The Committee on Foreign Affairs and the
12 Permanent Select Committee on Intelligence of the
14 (3) The Committee on Foreign Relations and
15 the Select Committee on Intelligence of the Senate.
16 SEC. 1659. IRON DOME SHORT-RANGE ROCKET DEFENSE
17 SYSTEM AND ISRAELI COOPERATIVE MISSILE
18 DEFENSE PROGRAM CO-DEVELOPMENT AND
19 CO-PRODUCTION.
20 (a) IRON DOME SHORT-RANGE ROCKET DEFENSE

21 SYSTEM.—
22 (1) AVAILABILITY OF FUNDS.—Of the funds
23 authorized to be appropriated by this Act for fiscal
24 year 2023 for procurement, Defense-wide, and avail-
25 able for the Missile Defense Agency, not more than
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December 6, 2022 (7:20 p.m.)
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1 $80,000,000 may be provided to the Government of
2 Israel to procure components for the Iron Dome
3 short-range rocket defense system through co-pro-
4 duction of such components in the United States by
5 industry of the United States.
6 (2) CONDITIONS.—
7 (A) AGREEMENT.—Funds described in
8 paragraph (1) for the Iron Dome short-range
9 rocket defense program shall be available sub-
10 ject to the terms and conditions in the Agree-
11 ment Between the Department of Defense of
12 the United States of America and the Ministry
13 of Defense of the State of Israel Concerning
14 Iron Dome Defense System Procurement,
15 signed on March 5, 2014, as amended to in-
16 clude co-production for Tamir interceptors.
17 (B) CERTIFICATION.—Not later than 30
18 days prior to the initial obligation of funds de-
19 scribed in paragraph (1), the Under Secretary
20 of Defense for Acquisition and Sustainment
21 shall submit to the appropriate congressional
22 committees—
23 (i) a certification that the amended bi-
24 lateral international agreement specified in
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December 6, 2022 (7:20 p.m.)
1408
1 subparagraph (A) is being implemented as
2 provided in such agreement;
3 (ii) an assessment detailing any risks
4 relating to the implementation of such
5 agreement; and
6 (iii) for system improvements result-
7 ing in modified Iron Dome components
8 and Tamir interceptor sub-components, a
9 certification that the Government of Israel
10 has demonstrated successful completion of
11 Production Readiness Reviews, including
12 the validation of production lines, the
13 verification of component conformance,
14 and the verification of performance to
15 specification as defined in the Iron Dome
16 Defense System Procurement Agreement,
17 as further amended.
18 (b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-
19 GRAM, DAVID’S SLING WEAPON SYSTEM CO-PRODUC-
20 TION.—
21 (1) IN GENERAL.—Subject to paragraph (3), of

22 the funds authorized to be appropriated for fiscal
24 able for the Missile Defense Agency not more than
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December 6, 2022 (7:20 p.m.)
1409
1 Israel to procure the David’s Sling Weapon System,
2 including for co-production of parts and components
3 in the United States by United States industry.
4 (2) AGREEMENT.—Provision of funds specified
5 in paragraph (1) shall be subject to the terms and
6 conditions in the bilateral co-production agreement,
7 including—
8 (A) a one-for-one cash match is made by
9 Israel or in another matching amount that oth-
10 erwise meets best efforts (as mutually agreed to
11 by the United States and Israel); and
12 (B) co-production of parts, components,
13 and all-up rounds (if appropriate) in the United
14 States by United States industry for the Da-
15 vid’s Sling Weapon System is not less than 50
16 percent.
17 (3) CERTIFICATION AND ASSESSMENT.—The

19 Sustainment shall submit to the appropriate con-
20 gressional committees—
21 (A) a certification that the Government of
22 Israel has demonstrated the successful comple-
23 tion of the knowledge points, technical mile-
24 stones, and Production Readiness Reviews re-
25 quired by the research, development, and tech-
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December 6, 2022 (7:20 p.m.)
1410
1 nology agreement and the bilateral co-produc-
2 tion agreement for the David’s Sling Weapon
3 System; and
4 (B) an assessment detailing any risks re-
5 lating to the implementation of such agreement.
6 (c) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-
7 GRAM, ARROW 3 UPPER TIER INTERCEPTOR PROGRAM
8 CO-PRODUCTION.—
9 (1) IN GENERAL.—Subject to paragraph (2), of
10 the funds authorized to be appropriated for fiscal
12 able for the Missile Defense Agency not more than
14 Israel for the Arrow 3 Upper Tier Interceptor Pro-
15 gram, including for co-production of parts and com-
16 ponents in the United States by United States in-
17 dustry.
18 (2) CERTIFICATION.—The Under Secretary of
19 Defense for Acquisition and Sustainment shall sub-
20 mit to the appropriate congressional committees a
21 certification that—
22 (A) the Government of Israel has dem-
23 onstrated the successful completion of the
24 knowledge points, technical milestones, and
25 Production Readiness Reviews required by the
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December 6, 2022 (7:20 p.m.)
1411
1 research, development, and technology agree-
2 ment for the Arrow 3 Upper Tier Interceptor
3 Program;
4 (B) funds specified in paragraph (1) will
5 be provided on the basis of a one-for-one cash
6 match made by Israel or in another matching
7 amount that otherwise meets best efforts (as
8 mutually agreed to by the United States and
9 Israel);
10 (C) the United States has entered into a
11 bilateral international agreement with Israel
12 that establishes, with respect to the use of such
13 funds—
14 (i) in accordance with subparagraph
15 (D), the terms of co-production of parts
16 and components on the basis of the great-
17 est practicable co-production of parts, com-
18 ponents, and all-up rounds (if appropriate)
19 by United States industry and minimizes
20 nonrecurring engineering and facilitization
21 expenses to the costs needed for co-produc-
22 tion;
23 (ii) complete transparency on the re-
24 quirement of Israel for the number of
25 interceptors and batteries that will be pro-
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December 6, 2022 (7:20 p.m.)
1412
1 cured, including with respect to the pro-
2 curement plans, acquisition strategy, and
3 funding profiles of Israel;
4 (iii) technical milestones for co-pro-
5 duction of parts and components and pro-
6 curement;
7 (iv) a joint affordability working
8 group to consider cost reduction initiatives;
9 and
10 (v) joint approval processes for third-
11 party sales; and
12 (D) the level of co-production described in
13 subparagraph (C)(i) for the Arrow 3 Upper
14 Tier Interceptor Program is not less than 50
15 percent.
16 (d) NUMBER.—In carrying out paragraph (2) of sub-
17 section (b) and paragraph (2) of subsection (c), the Under
18 Secretary may submit—
19 (1) one certification covering both the David’s
20 Sling Weapon System and the Arrow 3 Upper Tier
21 Interceptor Program; or
22 (2) separate certifications for each respective
23 system.
24 (e) TIMING.—The Under Secretary shall submit to
25 the congressional defense committees the certification and
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December 6, 2022 (7:20 p.m.)
1413
1 assessment under subsection (b)(3) and the certification
2 under subsection (c)(2) no later than 30 days before the
3 funds specified in paragraph (1) of subsections (b) and
4 (c) for the respective system covered by the certification
5 are provided to the Government of Israel.
6 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
10 (2) The Committee on Foreign Relations of the
11 Senate and the Committee on Foreign Affairs of the
13 SEC. 1660. INTEGRATED AIR AND MISSILE DEFENSE ARCHI-
14 TECTURE FOR DEFENSE OF GUAM.
15 (a) REVIEW OF INTEGRATED AIR AND MISSILE DE-

16 FENSE ARCHITECTURE TO DEFEND GUAM.—
18 after the date of enactment of this Act, the Sec-
19 retary of Defense shall seek to enter into a contract
20 with a federally funded research and development
21 center to conduct an independent assessment of the
22 integrated air and missile defense architecture to de-
23 fend Guam.
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1414
1 (2) ELEMENTS.—The assessment under para-
2 graph (1) shall include an analysis of each of the fol-
3 lowing:
4 (A) The proposed architecture capability to
5 address non-ballistic and ballistic missile
6 threats to Guam, including the sensor, com-
7 mand and control, and interceptor systems
8 being proposed.
9 (B) The development and integration risk
10 of the proposed architecture.
11 (C) The manning required to operate the
12 proposed architecture, including the availability
13 of housing and infrastructure on Guam to sup-
14 port the needed manning levels.
15 (3) SUBMISSION.—Not later than 180 days
17 retary shall submit to the congressional defense com-
18 mittees the assessment under paragraph (1), without
19 change.
20 (b) DESIGNATION OF OFFICIAL RESPONSIBLE FOR
21 MISSILE DEFENSE OF GUAM.—

22 (1) DESIGNATION.—Not later than 90 days
24 retary of Defense shall designate a senior official of
25 the Department of Defense who shall be responsible
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1415
1 for the missile defense of Guam during the period
2 preceding the date specified in paragraph (5).
3 (2) DUTIES.—The duties of the official des-
4 ignated under paragraph (1) shall include the fol-
5 lowing:
6 (A) Designing the architecture of the mis-
7 sile defense system for defending Guam.
8 (B) Overseeing development of an inte-
9 grated missile defense acquisition strategy for
10 the missile defense of Guam.
11 (C) Ensuring the military department and
12 Defense Agency budgets are appropriate for the
13 strategy described in subparagraph (B).
14 (D) Siting the integrated missile defense
15 system described in subparagraph (B).
16 (E) Overseeing long-term acquisition and
17 sustainment of the missile defense system for
18 Guam.
19 (F) Such other duties as the Secretary de-
20 termines appropriate.
21 (3) PROGRAM TREATMENT.—The integrated
22 missile defense system referred to in paragraph (2)
23 shall be designated as special interest acquisition
24 category 1D program and shall be managed as con-
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December 6, 2022 (7:20 p.m.)
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1 sistent with Department of Defense Instruction
2 5000.85 ‘‘Major Capability Acquisition’’.
3 (4) REPORT.—Concurrent with the submission
4 of each budget of the President under section
5 1105(a) of title 31, United States Code, during the
6 period preceding the date specified in paragraph (5),
7 the official designated under paragraph (1) shall
8 submit to the congressional defense committees a re-
9 port on the actions taken by the official to carry out
10 the duties set forth under paragraph (2).
11 (5) TERMINATION.—The authority of this sub-
12 section shall terminate on the date that is three
13 years after the date on which the official designated
14 under paragraph (1) determines that the integrated
15 missile defense system described in paragraph (2)
16 has achieved initial operational capability.
17 (c) PROCUREMENT.—
18 (1) REQUIREMENT.—Except as provided by
19 paragraph (2), not later than December 31, 2023,
20 the Secretary of Defense, acting through the Direc-
21 tor of the Missile Defense Agency, shall rapidly pro-
22 cure and field up to three vertical launching systems
23 that can accommodate planned interceptors operated
24 by the Navy (that do not require major modification
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1417
1 or integration into the existing missile defense sys-
2 tem), as of the date of enactment of this Act.
3 (2) WAIVER.—The Secretary may waive the re-
4 quirement under paragraph (1) if—
5 (A) the Secretary determines that the
6 waiver is in the best interest of the national se-
7 curity of the United States;
8 (B) the Secretary submits to the congres-
9 sional defense committees a notification of such
10 waiver, including a justification; and
11 (C) a period of 120 days has elapsed fol-
12 lowing the date of such notification.
14 FUNDS UNTIL SUBMISSION OF REPORT ON
15 IMPLEMENTATION OF THE CRUISE MISSILE
16 DEFENSE ARCHITECTURE FOR THE HOME-
17 LAND.
18 (a) FINDING.—Congress finds that the Deputy Sec-

19 retary of Defense made the determination that the De-
20 partment of the Air Force has acquisition authority with
21 respect to the capability to defend the homeland from
22 cruise missiles, as required by section 1684(e) of the Na-
24 (Public Law 114–328; 10 U.S.C. 4205 note).
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2 of the enactment of this Act, the Secretary of the Air
3 Force, in coordination with the Commander of the United
4 States Northern Command, shall submit to the congres-
5 sional defense committees a report on the implementation
6 of the cruise missile defense architecture for the homeland,
7 including—
8 (1) the architecture planned to meet the re-
9 quirements of the United States Northern Command
10 and the North American Aerospace Defense Com-
11 mand, including a schedule for capabilities being de-
12 veloped and deployed;
13 (2) a list of all programs of record of the Air
14 Force that contribute to such architecture; and
15 (3) funding profile by year across the most re-
16 cent future-years defense program submitted to Con-
17 gress under section 221 of title 10, United States
18 Code, to develop, deploy, operate, and sustain such
19 architecture.
20 (c) LIMITATION.—Of the funds authorized to be ap-
22 cal year 2023 for the Department of the Air Force for
23 travel by the Secretary of the Air Force, not more than
24 95 percent may be obligated or expended until the date
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1419
1 on which the Secretary of the Air Force submits the report
2 under subsection (b).
3 SEC. 1662. STRATEGY TO USE ASYMMETRIC CAPABILITIES
4 TO DEFEAT HYPERSONIC MISSILE THREATS.
5 (a) REQUIREMENT.—Not later than March 1, 2023,

6 the Secretary of Defense, acting through the Director of
7 the Missile Defense Agency, shall submit to the congres-
8 sional defense committees a comprehensive layered strat-
9 egy to use asymmetric capabilities to defeat hypersonic
10 missile threats.
11 (b) ELEMENTS.—The strategy under subsection (a)
12 shall—
13 (1) address all asymmetric capabilities of the
14 United States, including with respect to—
15 (A) directed energy, as described in section
16 1664 of the National Defense Authorization Act
17 for Fiscal Year 2022 (Public Law 117–81; 10
18 U.S.C. 205 note) and including short-pulse
19 laser technology;
20 (B) microwave systems;
21 (C) cyber capabilities; and
22 (D) any other capabilities determined ap-
23 propriate by the Secretary and Director; and
24 (2) identify the funding required to implement
25 the strategy during the period covered by the future-
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1420
1 years defense program submitted to Congress under
2 section 221 of title 10, United States Code, in 2023.
3 SEC. 1663. PLAN ON DELIVERING SHARED EARLY WARNING
4 SYSTEM DATA TO CERTAIN ALLIES AND
5 PARTNERS OF THE UNITED STATES.
6 (a) PLAN.—The Secretary of Defense, with the con-

7 currence of the Secretary of State and the Director of Na-
8 tional Intelligence, shall develop a technical fielding plan
9 to deliver information under the Shared Early Warning
10 System regarding a current or imminent missile threat to
11 allies and partners of the United States that, as of the
12 date of the plan, do not receive such information.
15 shall submit to the appropriate congressional committees
16 a report on how rapid technical fielding of the Shared
17 Early Warning System could be provided to allies and
18 partners of the United States that—
19 (1) are not member states of the North Atlantic
20 Treaty Organization; and
21 (2) are under current or imminent hostile ag-
22 gression and threat of missile attack.
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December 6, 2022 (7:20 p.m.)
1421
2 (2) The Committee on Foreign Affairs and the
3 Permanent Select Committee on Intelligence of the
5 (3) The Committee on Foreign Relations and
6 the Select Committee on Intelligence of the Senate.
7 SEC. 1664. REPORTS ON GROUND-BASED INTERCEPTORS.

9 ment of this Act, and on a quarterly basis thereafter until
10 the date on which the next generation interceptor achieves
11 initial operating capability, the Director of the Missile De-
12 fense Agency, with the concurrence of the Commander of
13 the United States Northern Command, shall submit to the
14 congressional defense committees a report that includes
15 the following:
16 (1) An identification of the number of ground-
17 based interceptors operationally available to the
18 Commander.
19 (2) If such number is different from the report
20 previously submitted under this section, the reasons
21 for such difference.
22 (3) Any anticipated changes to such number
23 during the period covered by the report.
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1422
1 SEC. 1665. REPORT ON MISSILE DEFENSE INTERCEPTOR
2 SITE IN CONTIGUOUS UNITED STATES.
3 Not later than March 31, 2023, the Secretary of De-

4 fense, acting through the Director of the Missile Defense
5 Agency and in coordination with the Commander of the
6 United States Northern Command, shall submit to the
7 congressional defense committees a report containing—
8 (1) an updated assessment of the requirement
9 for a missile defense interceptor site in the contig-
10 uous United States; and
11 (2) a funding profile, by year, of the total costs
12 for the development and construction of such site,
13 considering the designation of Fort Drum, New
14 York, as the conditionally designated preferred site.
15 Subtitle E—Other Matters
16 SEC. 1671. COOPERATIVE THREAT REDUCTION FUNDS.
17 (a) FUNDING ALLOCATION.—Of the $354,394,000

18 authorized to be appropriated to the Department of De-
19 fense for fiscal year 2023 in section 301 and made avail-
20 able by the funding table in division D for the Department
21 of Defense Cooperative Threat Reduction Program estab-
22 lished under section 1321 of the Department of Defense
23 Cooperative Threat Reduction Act (50 U.S.C. 3711), the
24 following amounts may be obligated for the purposes spec-
25 ified:
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December 6, 2022 (7:20 p.m.)
1423
1 (1) For strategic offensive arms elimination,
2 $6,859,000.
3 (2) For chemical security and elimination,
4 $14,998,000.
5 (3) For global nuclear security, $18,088,000.
6 (4) For biological threat reduction,
7 $225,000,000.
8 (5) For proliferation prevention, $45,890,000.
9 (6) For activities designated as Other Assess-
10 ments/Administration Costs, $30,763,000.
11 (b) SPECIFICATION OF COOPERATIVE THREAT RE-
12 DUCTION FUNDS.—Funds appropriated pursuant to the
13 authorization of appropriations in section 301 and made
14 available by the funding table in division D for the Depart-
15 ment of Defense Cooperative Threat Reduction Program
16 shall be available for obligation for fiscal years 2023,
17 2024, and 2025.
18 SEC. 1672. DEPARTMENT OF DEFENSE SUPPORT FOR RE-
19 QUIREMENTS OF THE WHITE HOUSE MILI-
20 TARY OFFICE.
21 (a) MEMBERSHIP ON COUNCIL ON OVERSIGHT OF
22 THE NATIONAL LEADERSHIP COMMAND, CONTROL, AND
23 COMMUNICATIONS SYSTEM.—Section 171a(b) of title 10,

24 United States Code, is amended by—
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1 (1) redesignating paragraph (7) as paragraph
2 (8); and
3 (2) inserting after paragraph (6) the following
4 new paragraph (7):
5 ‘‘(7) The Director of the White House Military
6 Office.’’.
7 (b) PORTFOLIO MANAGER.—The Secretary of De-
8 fense, acting through the Under Secretary of Defense for
9 Acquisition and Sustainment, shall designate a senior offi-
10 cial to coordinate and advocate for the portfolio of national
11 level programs of the Department of Defense that are ei-
12 ther or both—
13 (1) in direct support of requirements from the
14 White House Military Office; or
15 (2) operationally relevant to the mission areas
16 of the White House Military Office.
17 (c) ACCESSIBILITY OF INFORMATION.—The pro-
18 grammatic and budgetary information required to assess
19 the efficacy of the national level programs covered by sub-
20 section (b) shall be provided to the senior official des-
21 ignated under such subsection by the following officials:
22 (1) The Secretary of each military department.
23 (2) The Under Secretary of Defense for Policy.
24 (3) The Under Secretary of Defense for Re-
25 search and Engineering.
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December 6, 2022 (7:20 p.m.)
1425
1 (4) The Chairman of the Joint Chiefs of Staff.
2 (5) The Director of Cost Assessment and Pro-
3 gram Evaluation.
4 (d) ANNUAL BRIEFING.—Not later than 30 days
5 after the date on which the President submits to Congress
6 a budget for each of fiscal years 2024 through 2027 pur-
7 suant to section 1105(a) of title 31, United States Code,
9 Sustainment, acting through the senior official designated
10 under subsection (b), and the personnel of the White
11 House Military Office that the Director of the White
12 House Military Office determines appropriate shall jointly
14 on acquisition programs, plans, and other activities sup-
15 porting the requirements of the White House Military Of-
16 fice.
17 SEC. 1673. UNIDENTIFIED ANOMALOUS PHENOMENA RE-
18 PORTING PROCEDURES.
19 (a) MECHANISM FOR AUTHORIZED REPORTING.—

20 (1) ESTABLISHMENT.—The Secretary of De-
21 fense, acting through the head of the Office and in
22 consultation with the Director of National Intel-
23 ligence, shall establish a secure mechanism for au-
24 thorized reporting of—
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1426
1 (A) any event relating to unidentified
2 anomalous phenomena; and
3 (B) any activity or program by a depart-
4 ment or agency of the Federal Government or
5 a contractor of such a department or agency re-
6 lating to unidentified anomalous phenomena,
7 including with respect to material retrieval, ma-
8 terial analysis, reverse engineering, research
9 and development, detection and tracking, devel-
10 opmental or operational testing, and security
11 protections and enforcement.
12 (2) PROTECTION OF SYSTEMS, PROGRAMS, AND
13 ACTIVITY.—The Secretary shall ensure that the

14 mechanism for authorized reporting established
15 under paragraph (1) prevents the unauthorized pub-
16 lic reporting or compromise of classified military and
17 intelligence systems, programs, and related activity,
18 including all categories and levels of special access
19 and compartmented access programs.
20 (3) ADMINISTRATION.—The Secretary shall en-
21 sure that the mechanism for authorized reporting es-
22 tablished under paragraph (1) is administered by
23 designated and appropriately cleared employees of
24 the Department of Defense or elements of the intel-
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December 6, 2022 (7:20 p.m.)
1427
1 ligence community or contractors of the Department
2 or such elements assigned to the Office.
3 (4) SHARING OF INFORMATION.—
4 (A) PROMPT SHARING WITHIN OFFICE.—
5 The Secretary shall ensure that the mechanism

6 for authorized reporting established under para-
7 graph (1) provides for the sharing of an author-
8 ized disclosure to personnel and supporting an-
9 alysts and scientists of the Office (regardless of
10 the classification of information contained in
11 the disclosure or any nondisclosure agree-
12 ments), unless the employees or contractors ad-
13 ministering the mechanism under paragraph (3)
14 conclude that the preponderance of information
15 available regarding the disclosure indicates that
16 the observed object and associated events and
17 activities likely relate to a special access pro-
18 gram or compartmented access program that,
19 as of the date of the disclosure, has been explic-
20 itly and clearly reported to the congressional
21 defense committees or the congressional intel-
22 ligence committees, and is documented as meet-
23 ing those criteria.
24 (B) CONGRESSIONAL NOTIFICATION.—Not
25 later than 72 hours after determining that an
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1 authorized disclosure relates to a restricted ac-
2 cess activity, a special access program, or a
3 compartmented access program that has not
4 been explicitly and clearly reported to the con-
5 gressional defense committees or the congres-
6 sional intelligence committees, the Secretary
7 shall report such disclosure to such committees
8 and the congressional leadership.
9 (5) INITIAL REPORT AND PUBLICATION.—Not
10 later than 180 days after the date of the enactment

11 of this Act, the Secretary, acting through the head
12 of the Office and in consultation with the Director
13 of National Intelligence, shall—
14 (A) submit to the congressional defense
15 committees, the congressional intelligence com-
16 mittees, and the congressional leadership a re-
17 port detailing the mechanism for authorized re-
18 porting established under paragraph (1); and
19 (B) issue clear public guidance for how to
20 securely access the mechanism for authorized
21 reporting.
22 (b) PROTECTION FOR INDIVIDUALS MAKING AU-
23 THORIZED DISCLOSURES.—
24 (1) AUTHORIZED DISCLOSURES.—An author-
25 ized disclosure—
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1429
1 (A) shall not be subject to a nondisclosure
2 agreement entered into by the individual who
3 makes the disclosure;
4 (B) shall be deemed to comply with any
5 regulation or order issued under the authority
6 of Executive Order 13526 (50 U.S.C. 3161
7 note; relating to classified national security in-
8 formation) or chapter 18 of the Atomic Energy
9 Act of 1954 (42 U.S.C. 2271 et seq.); and
10 (C) is not a violation of section 798 of title
11 18, United States Code, or other provision of
12 law relating to the disclosure of information.
13 (2) PROHIBITION ON REPRISALS.—
14 (A) PROTECTION.—An employee of a de-

15 partment or agency of the Federal Government,
16 or of a contractor, subcontractor, grantee, sub-
17 grantee, or personal services contractor of such
18 a department or agency, who has authority to
19 take, direct others to take, recommend, or ap-
20 prove any personnel action, shall not, with re-
21 spect to such authority, take or fail to take, or
22 threaten to take or fail to take, a personnel ac-
23 tion, including the revocation or suspension of
24 security clearances, or termination of employ-
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December 6, 2022 (7:20 p.m.)
1430
1 ment, with respect to any individual as a re-
2 prisal for any authorized disclosure.
3 (B) PROCEDURES.—The Secretary of De-
4 fense and the Director of National Intelligence
5 shall establish procedures for the enforcement
6 of subparagraph (A) consistent with, as appro-
7 priate, section 1034 of title 10, United States
8 Code, section 1104 of the National Security Act
9 of 1947 (50 U.S.C. 3234), or other similar pro-
10 visions of law regarding prohibited personnel
11 actions.
12 (3) NONDISCLOSURE AGREEMENTS.—
13 (A) IDENTIFICATION.—The Secretary of

14 Defense, the Director of National Intelligence,
15 the Secretary of Homeland Security, the heads
16 of such other departments and agencies of the
17 Federal Government that have supported inves-
18 tigations of the types of events covered by sub-
19 paragraph (A) of subsection (a)(1) and activi-
20 ties and programs described in subparagraph
21 (B) of such subsection, and contractors of the
22 Federal Government that have supported or are
23 supporting such activities and programs, shall
24 conduct comprehensive searches of all records
25 relating to nondisclosure orders relating to the
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December 6, 2022 (7:20 p.m.)
1431
1 types of events described in subsection (a) and
2 provide copies of such orders, agreements, or
3 obligations to the Office.
4 (B) SUBMISSION TO CONGRESS.—The head
5 of the Office shall—
6 (i) make the records compiled under
7 subparagraph (A) accessible to the con-
8 gressional defense committees, the congres-
9 sional intelligence committees, and the con-
10 gressional leadership; and
11 (ii) not later than September 30,
12 2023, and at least once each fiscal year
13 thereafter through fiscal year 2026, pro-
14 vide to such committees and congressional
15 leadership briefings and reports on such
16 records.
17 (c) ANNUAL REPORTS.—Section 1683 of the Na-
18 tional Defense Authorization Act for Fiscal Year 2022 (50
19 U.S.C. 3373) is amended—
20 (1) by striking ‘‘aerial’’ each place it appears
21 and inserting ‘‘anomalous’’;
22 (2) in subsection (h)—
23 (A) in paragraph (1), by inserting ‘‘and
24 the congressional leadership’’ after ‘‘appropriate
25 congressional committees’’; and
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1 (B) in paragraph (2), by adding at the end
2 the following new subparagraph:
3 ‘‘(Q) A summary of the reports received
4 using the mechanism for authorized reporting
5 established under section 1673 of the James M.
6 Inhofe National Defense Authorization Act for
7 Fiscal Year 2023.’’; and
8 (3) in subsection (l)—
9 (A) by redesignating paragraphs (2)
10 through (5) as paragraphs (3) through (6), re-
11 spectively; and
14 ‘‘(2) The term ‘congressional leadership’
15 means—
16 ‘‘(A) the majority leader of the Senate;
17 ‘‘(B) the minority leader of the Senate;
18 ‘‘(C) the Speaker of the House of Rep-
19 resentatives; and
20 ‘‘(D) the minority leader of the House of
21 Representatives.’’.
23 (1) The term ‘‘authorized disclosure’’ means a
24 report of any information through, and in compli-
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1433
1 ance with, the mechanism for authorized reporting
2 established pursuant to subsection (a)(1).
3 (2) The term ‘‘congressional intelligence com-
4 mittees’’ has the meaning given such term in section
5 3 of the National Security Act of 1947 (50 U.S.C.
6 3003).
7 (3) The term ‘‘congressional leadership’’
8 means—
9 (A) the majority leader of the Senate;
10 (B) the minority leader of the Senate;
11 (C) the Speaker of the House of Rep-
12 resentatives; and
13 (D) the minority leader of the House of
14 Representatives.
16 meaning given such term in section 3 of the Na-
17 tional Security Act of 1947 (50 U.S.C. 3003).
18 (5) The term ‘‘nondisclosure agreement’’ means
19 any written or oral nondisclosure agreement, order,
20 or other instrumentality or means entered into by an
21 individual that could be interpreted as a legal con-
22 straint on the individual making an authorized dis-
23 closure.
24 (6) The term ‘‘Office’’ means the All-domain
25 Anomaly Resolution Office established pursuant to
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1434
1 section 1683(a) of the National Defense Authoriza-
2 tion Act for Fiscal Year 2022 (50 U.S.C. 3373(a)).
3 (7) The term ‘‘personnel action’’ has the mean-
4 ing given such term in section 1104(a) of the Na-
5 tional Security Act of 1947 (50 U.S.C. 3234(a)).
6 (8) The term ‘‘unidentified anomalous phe-
7 nomena’’ has the meaning given such term in section
8 1683(n) of the National Defense Authorization Act
9 for Fiscal Year 2022 (50 U.S.C. 3373(l)).
10 SEC. 1674. STUDY OF WEAPONS PROGRAMS THAT ALLOW
11 ARMED FORCES TO ADDRESS HARD AND
12 DEEPLY BURIED TARGETS.

15 in coordination with the Chairman of the Joint Chiefs of
16 Staff, the Commander of the United States Strategic
17 Command, and the Administrator for Nuclear Security,
18 and in consultation with the Director of National Intel-
19 ligence, shall submit to the congressional defense commit-
20 tees a study on options to hold at risk hard and deeply
21 buried targets.
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1 (1) An analysis of the current and emerging
2 hard and deeply buried target mission set and asso-
3 ciated military requirements, including—
4 (A) the number and locations of the tar-
5 gets, including facilities designed for the stor-
6 age or manufacture of nuclear, chemical, or bio-
7 logical weapons and the precursors of such
8 weapons;
9 (B) an identification of likely future trajec-
10 tories in the worldwide use and proliferation of
11 hard and deeply buried targets;
12 (C) the associated military requirements,
13 including the importance of effectively holding
14 hard and deeply buried targets at risk in order
15 to meet the national security objectives of the
16 United States; and
17 (D) an evaluation of the sufficiency of cur-
18 rent and planned nuclear and nonnuclear mili-
19 tary capabilities to satisfy such requirements.
20 (2) An evaluation of weapons programs that
21 would allow the Armed Forces to effectively hold
22 hard and deeply buried targets at risk, including—
23 (A) any nuclear or nonnuclear weapon and
24 delivery system the Secretary determines appro-
25 priate, including the cost, timeline for fielding,
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1436
1 and likely effectiveness of any capability under
2 consideration; and
3 (B) an assessment of a service life exten-
4 sion or modification program of the B83 nu-
5 clear gravity bomb as one of the options.
6 (3) A proposed strategy for fielding such capa-
7 bilities in sufficient quantities and making other ad-
8 justments to the strategy and plans of the United
9 States to account for the growing hard and deeply
10 buried target set, including—
11 (A) the resources, research and develop-
12 ment efforts, and capability options needed; and
13 (B) a five-year funding profile for, at a
14 minimum—
15 (i) a preferred capability; and
16 (ii) an alternative capability evaluated
17 under paragraph (2) that meets the re-
18 quirements under paragraph (1).
19 (c) FORM.—The study under subsection (a) shall be
20 submitted in unclassified form, but may include a classi-
21 fied annex.
22 (d) BRIEFING.—Not later than 30 days after the date
23 on which the Secretary completes the study under sub-
24 section (a), the Secretary shall provide the Committees on
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1437
1 Senate a briefing on the findings and recommendations
2 of the study.
3 (e) LIMITATION ON USE OF FUNDS.—Except as pro-
4 vided by subsection (f), none of the funds authorized to
6 for fiscal year 2023 for the Department of Defense or the
7 Department of Energy for the deactivation, dismantle-
8 ment, or retirement of the B83–1 nuclear gravity bomb
9 may be obligated or expended to deactivate, dismantle, or
10 retire more than 25 percent of the B83–1 nuclear gravity
11 bombs that were in the active stockpile as of September
12 30, 2022, until 90 days after the Secretary submits to the
13 Committees on Armed Services of the Senate and the
14 House of Representatives the study under subsection (a).
15 (f) EXCEPTION.—The limitation on the use of funds
16 under subsection (e) shall not apply to the deactivation,
17 dismantling, or retirement of B83–1 nuclear gravity
18 bombs for the purpose of supporting safety and surveil-
19 lance, sustainment, life extension, or modification pro-
20 grams for the B83–1 or other weapons currently in, or
21 planned to become part of, the nuclear weapons stockpile
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1 TITLE XVII—MUNITIONS RE-
2 PLENISHMENT AND FUTURE
3 PROCUREMENT
TITLE XVII—MUNITIONS REPLENISHMENT AND FUTURE
PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.

Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of weapons
provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for Patriot
air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability and ca-
pacity needs for munitions production and stockpiling.
4 SEC. 1701. ANNUAL REPORT ON INDUSTRIAL BASE CON-
5 STRAINTS FOR MUNITIONS.
6 (a) BRIEFING ON FULFILLMENT OF MUNITIONS RE-

7 QUIREMENTS.—Not later than 30 days after the date of
8 the enactment of this Act, the Secretary of Defense and
9 the Chairman of the Joint Chiefs of Staff shall provide
10 to the congressional defense committees a briefing regard-
11 ing the current process for fulfilling the requirements of
12 section 222c of title 10, United States Code, including a
13 description of the timeliness of the process and any stand-
14 ardization of such process across the Department of De-
15 fense.
16 (b) BRIEFING ON REVISION OF REQUIREMENTS.—
18 of this Act, the Secretary of Defense and the Chairman
19 of the Joint Chiefs of Staff shall provide to the congres-
20 sional defense committees a briefing regarding the
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1 timeline for revision of munitions requirements generated
2 by section 222c of title 10, United States Code as a result
3 of actions taken in response to the conflict in Ukraine.
4 (c) ADDITIONAL REPORT REQUIREMENTS ON OUT-
5 YEAR UNCONSTRAINED TOTAL MUNITIONS REQUIRE-
6 MENTS AND OUT-YEAR INVENTORY NUMBERS.—Section
7 222c of title 10, United States Code, is amended—
8 (1) in subsection (c), by adding at the end the
10 ‘‘(8) Requirement for Protracted Warfare Sce-
11 narios, calculated by doubling the duration of each
12 applicable operation plan.’’;
14 section (f); and
17 ‘‘(e) ADDITIONAL REQUIREMENTS.—Each report re-
18 quired under subsection (a) shall include the following:
19 ‘‘(1) The number of years required to meet the
20 Out-Year Unconstrained Total Munitions Require-
21 ment at the rate requested for the fiscal year cov-
22 ered by the report.
23 ‘‘(2) The average rate of procurement during
24 the three-year period preceding the date of the sub-
25 mission of the report, and the number of years re-
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1 quired to meet the Out-Year Unconstrained Total
2 Munitions Requirement at such three-year average
3 rate.
4 ‘‘(3) The additional amount of funding that
5 would be required, for each fiscal year, to meet the
6 Out-Year Unconstrained Total Munitions Require-
7 ment for each munition by the end of the period cov-
8 ered by the most recent future-years defense pro-
9 gram submitted to Congress pursuant to section 221
10 of this title.’’.
11 (d) ANNUAL REPORT ON INDUSTRIAL BASE CON-
12 STRAINTS FOR MUNITIONS.—
13 (1) IN GENERAL.—Chapter 9 of title 10, United
15 222c the following new section:
16 ‘‘§ 222d. Annual report on industrial base constraints
17 for munitions
18 ‘‘(a) IN GENERAL.—Not later than 30 days after the

19 submission of all reports required under section 222c(a)
20 of this title, the Under Secretary of Defense for Acquisi-
21 tion and Sustainment, in coordination with the service ac-
22 quisition executive of each military department, shall sub-
23 mit to the congressional defense committees a report de-
24 tailing the industrial base constraints for each munition
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1 identified in the Out-Year Unconstrained Total Munitions
2 Requirement.
3 ‘‘(b) ELEMENTS.—The report required under sub-
4 section (a) shall include the following elements, broken
5 down by munition:
6 ‘‘(1) Programmed purchase quantities per year.
7 ‘‘(2) Average procurement unit cost per year.
8 ‘‘(3) Contract type.
9 ‘‘(4) Current minimum sustaining rate of pro-
10 duction per month and year.
11 ‘‘(5) Current maximum rate of production per
12 month and year.
13 ‘‘(6) Expected date to meet the Out-Year Un-
14 constrained Total Munitions Requirement in section
15 222c of this title under the programmed purchase
16 quantities established for the period covered by the
17 report.
18 ‘‘(7) A description of industrial base constraints
19 on increased production of each munition, including
20 any supply chain weaknesses.
21 ‘‘(8) A description of investments or policy
22 changes made by a defense contractor or by the
23 United States Government to increase production,
24 enable more efficient production, or mitigate signifi-
25 cant loss of stability in potential production.
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1 ‘‘(9) A description of potential investments or
2 policy changes identified by a defense contractor or
3 the United States Government to increase munitions
4 production, enable more efficient production, or miti-
5 gate significant loss of stability in potential produc-
6 tion, including—
7 ‘‘(A) direct investments in test and tooling
8 equipment, workforce development, or improve-
9 ments to existing production facilities;
10 ‘‘(B) a pool of rotable critical components
11 or subcomponents for munitions;
12 ‘‘(C) multiyear contracts or other con-
13 tracting strategies;
14 ‘‘(D) direct investments in components,
15 subcomponents, or raw materials commonly
16 used across the industrial base;
17 ‘‘(E) direct investments in additive manu-
18 facturing or expeditionary manufacturing capa-
19 bilities;
20 ‘‘(F) direct investments in simplification of
21 supply chains; and
22 ‘‘(G) direct investments in technologies or
23 methods to enable increased scalability and re-
24 duced complexity of production processes for
25 current or future munitions.
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1 ‘‘(10) A list of each contract for a munition
2 with a priority rating of ‘critical to national defense’
3 (commonly referred to as a ‘DO-rated order’) or a
4 priority rating of ‘highest national defense urgency’
5 (commonly referred to as a ‘DX-rated order’) in the
6 Defense Priorities and Allocation System pursuant
7 to part 700 of title 15, Code of Federal Regulations
8 (or any successor regulation).
9 ‘‘(11) A prioritized list of munitions judged to
10 have high value for export for which additional in-
11 vestments would be necessary to enable export, in-
12 cluding a description of such investments required.
13 ‘‘(12) A list of munitions subject to the require-
14 ments of chapter 2 of the Arms Export Control Act
15 (22 U.S.C. 2761 et seq.) relating to foreign military
16 sales that are anticipated to be exported based on
17 developments in the conflict in Ukraine.
18 ‘‘(c) MUNITION DEFINED.—In this section, the term
19 ‘munition’ has the meaning given by the Under Secretary
20 of Defense for Acquisition.’’.
22 tions at the beginning of chapter 9 of title 10,
23 United States Code, is amended by inserting after
24 the item relating to section 222c the following new
25 item:
‘‘222d. Annual report on industrial base constraints for munitions.’’.
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1444
1 SEC. 1702. MODIFICATION TO SPECIAL DEFENSE ACQUISI-
2 TION FUND.
3 Section 114(c)(1) of title 10, United States Code, is

4 amended by striking ‘‘$2,500,000,000’’ and inserting
5 ‘‘$3,500,000,000’’.
6 SEC. 1703. QUARTERLY BRIEFINGS ON REPLENISHMENT
7 AND REVITALIZATION OF WEAPONS PRO-
8 VIDED TO UKRAINE.
9 (a) BRIEFINGS ON COVERED SYSTEMS.—The Sec-

10 retary of Defense shall provide to the congressional de-
11 fense committees quarterly briefings on the progress of the
12 Department of Defense toward—
13 (1) replenishing the inventory of covered sys-
14 tems;
15 (2) expanding the production capacity of cov-
16 ered systems; and
17 (3) increasing the resilience of the production
18 capacity of covered systems.
19 (b) GROUPING OF COVERED SYSTEMS.—For each
20 briefing required under subsection (a), the Secretary of
21 Defense may group covered systems together based on the
22 relevant capabilities of such covered systems.
23 (c) ELEMENTS.—Each briefing required under sub-
24 section (a) shall include, with respect to the period covered
25 by such briefing, the following:
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1445
1 (1) A description of any reprogramming carried
2 out in accordance with established procedures for
3 each covered system, with appropriate notation for—
4 (A) the number of the replenishment
5 tranche; and
6 (B) a determination of whether each such
7 reprogramming—
8 (i) replaces covered systems;
9 (ii) expands production capacity of
10 covered systems; or
11 (iii) increases the resilience of the pro-
12 duction capacity of covered systems.
13 (2) A description of obligations applied to each
14 covered system and expected timeline for future obli-
15 gations.
16 (3) A description of current and future produc-
17 tion capacity for each covered system, broken down
18 by month and calendar year.
19 (4) A description of expected delivery of covered
20 systems to the Department of Defense.
21 (5) To the extent practicable, with respect to
22 the total number of covered systems provided during
23 the period covered by the briefing, an estimate for
24 the timing of the delivery of at least 50 percent of
25 the replenishment articles for a covered system and
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1446
1 the delivery of 100 percent of such replenishment ar-
2 ticles, compared to the number of covered systems
3 provided.
4 (6) A description of overall actual and expected
5 obligation rates for all reprogrammings applied to
6 covered systems.
7 (7) A description of any other investments
8 made that significantly affect the replenishment
9 timeline or production capacity of the covered sys-
10 tems.
11 (8) A description of remaining industrial base
12 risks or opportunities for increased competition for
13 each covered system and detailed options to mitigate
14 such risks or expand competition, including any
15 changes necessary to authorities to enable risk re-
16 duction or expanded competition.
17 (9) To the extent practicable, a comparison of
18 the expected inventory of covered systems over the
19 next 5 years compared to the requirements set forth
20 under section 222c of title 10, United States Code.
21 (d) BRIEFINGS ON STOCKS OF ALLIES AND PART-
22 NERS.—The Secretary of Defense shall provide to the con-
23 gressional defense committees, the Committee on Foreign
24 Affairs of the House of Representatives, and the Com-
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1447
1 mittee on Foreign Relations of the Senate quarterly brief-
2 ings that include the following:
3 (1) A timeline and budgetary estimate for de-
4 veloping and procuring replacement stocks of cov-
5 ered systems for allies and partner countries of the
6 United States.
7 (2) An update on the efforts of the Department
8 to work with such allies and partner countries to ad-
9 vance the replenishment of munitions stocks for such
10 allies and partners that have provided, or are con-
11 templating providing, such stocks to Ukraine.
12 (e) TERMINATION.—This section and the require-
13 ments of this section shall terminate on December 31,
14 2026.
15 (f) COVERED SYSTEM DEFINED.—In this section, the
16 term ‘‘covered system’’ means any system provided to the
17 Government of Ukraine pursuant to any of the following:
18 (1) Section 506 of the Foreign Assistance Act
19 of 1961 (22 U.S.C. 2318).
20 (2) Section 614 of the Foreign Assistance Act
21 of 1961 (22 U.S.C. 2364).
22 (3) The Ukraine Security Assistance Initiative
23 established under section 1250 of the National De-
25 lic Law 114–92; 129 Stat. 1068), including as
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December 6, 2022 (7:20 p.m.)
1448
1 amended by this Act, if such system was provided to
2 Ukraine after February 24, 2022.
3 SEC. 1704. ASSESSMENT OF REQUIREMENTS AND ACQUISI-
4 TION OBJECTIVES FOR PATRIOT AIR AND
5 MISSILE DEFENSE BATTALIONS.
6 (a) ASSESSMENT.—Not later than 120 days after the

8 Army shall assess and validate the current and projected
9 battalion and interceptor requirements and acquisition ob-
10 jectives for the Patriot air and missile defense system and
11 Patriot advanced capability–3 missile segment enhance-
12 ment missiles to determine whether such requirements and
13 objectives are sufficient to meet the requests for forces,
14 war plans, and contingency requirements of the com-
15 manders of the geographic combatant commands.
17 on which the Secretary completes the assessment under
18 subsection (a), the Secretary shall submit to the congres-
19 sional defense committees a report on the assessment, in-
20 cluding whether the requirements and acquisition objec-
21 tives described in such subsection—
22 (1) are sufficient to meet the requests for
23 forces, war plans, and contingency requirements of
24 the commanders of the geographic combatant com-
25 mands; and
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December 6, 2022 (7:20 p.m.)
1449
1 (2) are valid or should be modified.
2 (c) AUTHORITY.—Subject to the availability of appro-
3 priations for such purpose, the Secretary of the Army may
4 procure up to four additional Patriot air and missile de-
5 fense battalions to achieve a total of up to 20 such battal-
6 ions.
7 SEC. 1705. INDEPENDENT ASSESSMENT OF DEPARTMENT
8 OF DEFENSE CAPABILITY AND CAPACITY
9 NEEDS FOR MUNITIONS PRODUCTION AND
10 STOCKPILING.

13 shall seek to enter into an agreement with an appropriate
14 federally funded research and development center for the
15 conduct of a detailed independent analysis of the extent
16 to which the process used by the chief of staff of an armed
17 force to implement the Out-Year Unconstrained Total Mu-
18 nitions Requirement required under section 222c of title
19 10, United States Code, properly accounts for current and
20 future requirements for the weapons described in sub-
21 section (c). Such an agreement shall provide that an anal-
22 ysis conducted pursuant to the agreement shall be com-
23 pleted within 180 days after the date on which such agree-
24 ment was entered into.
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1450
1 (b) MATTERS FOR CONSIDERATION.—An analysis
2 conducted pursuant to an agreement under subsection (a)
3 shall include a consideration of each of the following with
4 respect to each weapon described in subsection (c):
5 (1) The sufficiency of efforts to implement sec-
6 tion 222c of title 10, United States Code, includ-
7 ing—
8 (A) whether the views of the commanders
9 of each combatant command are adequately
10 represented;
11 (B) whether contributions by allies and
12 partner countries are adequately represented;
13 (C) whether excursions beyond the oper-
14 ational plans, including the potential of pro-
15 tracted warfare, are adequately represented;
16 (D) the potential of simultaneous conflicts;
17 and
18 (E) the degree to which the elements of
19 section 222c(c) of title 10, United States Code,
20 are appropriate functional categories.
21 (2) Any recommendations that could be bene-
22 ficial to the overall implementation of such section
23 222c.
24 (c) WEAPONS DESCRIBED.—The weapons described
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1 (1) Evolved sea sparrow missile.
2 (2) MK–48 heavyweight torpedo.
3 (3) Standard missile variants (including stand-
4 ard missile–6, standard missile–3 block IIA, and
5 standard missile–3 block IIA).
6 (4) Patriot guided missiles.
7 (5) Terminal high altitude area defense inter-
8 ceptors.
9 (6) Guided and ballistic missiles fired from the
10 multiple-launch rocket system (MLRS) or the high
11 mobility artillery rocket system (HIMARS).
12 (7) Javelin missile.
13 (8) Stinger missile.
14 (9) Air intercept missile (AIM)–9X–Sidewinder.
15 (10) AIM–120D—Advanced medium range air-
16 to-air missile (AMRAAM).
17 (11) Air to ground (AGM)–114—hellfire mis-
18 sile.
19 (12) Joint direct attack munition.
20 (13) Tomahawk land attack missile.
21 (14) Maritime strike tomahawk.
22 (15) Long range anti-ship missile.
23 (16) Naval strike missile.
24 (17) Joint air-to-surface standoff missile ex-
25 tended range.
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1452
1 (18) Harpoon anti-ship missile.
2 (19) Naval mines.
3 (20) Any other weapon that the Secretary of
4 Defense or the federally funded research and devel-
5 opment center determine should be included in the
6 analysis.
7 (d) REPORT.—
9 after entering into an agreement under subsection
10 (a), the Secretary of Defense shall submit to the
11 congressional defense committees—
12 (A) a complete independent assessment of
13 the analysis completed pursuant to the agree-
14 ment; and
15 (B) any views from the Department of De-
16 fense the Secretary chooses to include.
17 (2) FORM.—The report required under para-
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1453
1 DIVISION B—MILITARY CON-
2 STRUCTION AUTHORIZA-
3 TIONS
4 SEC. 2001. SHORT TITLE.
5 This division and title XLVI of division D may be

6 cited as the ‘‘Military Construction Authorization Act for
7 Fiscal Year 2023’’.
8 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND
9 AMOUNTS REQUIRED TO BE SPECIFIED BY
10 LAW.
11 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

12 YEARS.—Except as provided in subsection (b), all author-
13 izations contained in titles XXI through XXVII for mili-
14 tary construction projects, land acquisition, family housing
15 projects and facilities, and contributions to the North At-
16 lantic Treaty Organization Security Investment Program
17 (and authorizations of appropriations therefor) shall ex-
18 pire on the later of—
19 (1) October 1, 2025; or
20 (2) the date of the enactment of an Act author-
21 izing funds for military construction for fiscal year
22 2026.
23 (b) EXCEPTION.—Subsection (a) shall not apply to
24 authorizations for military construction projects, land ac-
25 quisition, family housing projects and facilities, and con-
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1454
1 tributions to the North Atlantic Treaty Organization Se-
2 curity Investment Program (and authorizations of appro-
3 priations therefor), for which appropriated funds have
4 been obligated before the later of—
5 (1) October 1, 2025; or
6 (2) the date of the enactment of an Act author-
7 izing funds for fiscal year 2026 for military con-
8 struction projects, land acquisition, family housing
9 projects and facilities, or contributions to the North
10 Atlantic Treaty Organization Security Investment
11 Program.
12 SEC. 2803. EFFECTIVE DATE AND AUTOMATIC EXECUTION
13 OF CONFORMING CHANGES TO TABLES OF
14 SECTIONS, TABLES OF CONTENTS, AND SIMI-
15 LAR TABULAR ENTRIES.
16 (a) EFFECTIVE DATE.—Titles XXI through XXVII

17 shall take effect on the later of—
18 (1) October 1, 2022; or
19 (2) the date of the enactment of this Act.
20 (b) ELIMINATION OF NEED FOR CERTAIN SEPARATE
21 CONFORMING AMENDMENTS.—
22 (1) AUTOMATIC EXECUTION OF CONFORMING
23 CHANGES.—When an amendment made by a provi-

24 sion of this division to a covered defense law adds
25 a section or larger organizational unit to the covered
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1455
1 defense law, repeals or transfers a section or larger
2 organizational unit in the covered defense law, or
3 amends the designation or heading of a section or
4 larger organizational unit in the covered defense law,
5 that amendment also shall have the effect of amend-
6 ing any table of sections, table of contents, or simi-
7 lar table of tabular entries in the covered defense
8 law to alter the table to conform to the changes
9 made by the amendment.
10 (2) EXCEPTIONS.—Paragraph (1) shall not
11 apply to an amendment described in such paragraph
12 when—
13 (A) the amendment, or a separate clerical
14 amendment enacted at the same time as the
15 amendment, expressly amends a table of sec-
16 tions, table of contents, or similar table of tab-
17 ular entries in the covered defense law to alter
18 the table to conform to the changes made by
19 the amendment; or
20 (B) the amendment otherwise expressly ex-
21 empts itself from the operation of this section.
22 (3) COVERED DEFENSE LAW DEFINED.—In this
23 subsection, the term ‘‘covered defense law’’ means—
24 (A) titles 10, 32, and 37 of the United
25 States Code;
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1 (B) any national defense authorization Act
2 or military construction authorization Act that
3 authorizes funds to be appropriated for a fiscal
4 year to the Department of Defense; and
5 (C) any other law designated in the text
6 thereof as a covered defense law for purposes of
7 application of this section.
8 TITLE XXI—ARMY MILITARY
9 CONSTRUCTION
Sec. 2101.
Authorized Army construction and land acquisition projects.
Sec. 2102.
Family housing.
Sec. 2103.
Authorization of appropriations, Army.
Sec. 2104.
Demolition of District of Columbia Fort McNair Quarters 4, 13,
and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019 project at
Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain fiscal
year 2018 projects.
10 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
11 ACQUISITION PROJECTS.
12 (a) INSIDE THE UNITED STATES.—Using amounts

13 appropriated pursuant to the authorization of appropria-
14 tions in section 2103(a) and available for military con-
15 struction projects inside the United States as specified in
16 the funding table in section 4601, the Secretary of the
17 Army may acquire real property and carry out military
18 construction projects for the installations or locations in-
19 side the United States, and in the amounts, set forth in
20 the following table:
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Army: Inside the United States
State Installation or Location Amount
Alabama ............................ Redstone Arsenal .................................................. $102,000,000

Alaska ............................... Fort Wainwright ................................................... $99,000,000
Colorado ............................ Fort Carson ........................................................... $14,200,000
Hawaii .............................. Fort Shafter .......................................................... $33,000,000
Schofield Barracks ................................................ $159,000,000
Tripler Army Medical Center ................................ $38,000,000
Louisiana .......................... Fort Polk ............................................................... $32,000,000
Maryland .......................... Aberdeen Proving Ground ..................................... $85,000,000
Mississippi ........................ Engineer Research and Development Center ....... $20,000,000
New Jersey ....................... Picatinny Arsenal .................................................. $15,654,000
New York .......................... Fort Drum ............................................................ $3,600,000
North Carolina ................. Fort Bragg ............................................................ $34,000,000
Pennsylvania ..................... Letterkenny Army Depot ...................................... $38,000,000
Texas ................................ Corpus Christi Army Depot .................................. $103,000,000
Fort Bliss .............................................................. $15,000,000
Fort Hood ............................................................. $19,000,000
Washington ....................... Joint Base Lewis-McChord ................................... $49,000,000
1 (b) OUTSIDE THE UNITED STATES.—Using amounts

4 struction projects outside the United States as specified
5 in the funding table in section 4601, the Secretary of the
6 Army may acquire real property and carry out military
7 construction projects for the installations outside the
8 United States, and in the amounts, set forth in the fol-
9 lowing table:
Army: Outside the United States
State Installation Amount
Germany ........................... East Camp Grafenwoehr ....................................... $168,000,000

Japan ................................ Kadena Air Force Base ........................................ $80,000,000
Kwajalein ......................... Kwajalein Atoll ...................................................... $69,000,000
10 SEC. 2102. FAMILY HOUSING.
11 (a) CONSTRUCTION AND ACQUISITION.—Using

12 amounts appropriated pursuant to the authorization of ap-
13 propriations in section 2103(a) and available for military
14 family housing functions as specified in the funding table
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1458
1 in section 4601, the Secretary of the Army may construct
2 or acquire family housing units (including land acquisition
3 and supporting facilities) at the installation, in the num-
4 ber of units or for the purpose, and in the amount set
5 forth in the following table:
Army: Family Housing
Country Installation or Location Units Amount
Germany ....... Baumholder ............................ Family Housing

New Construc-
tion ................. $81,000,000
Italy .............. Vincenza ................................. Family Housing
New Construc-
tion ................. $95,000,000
6 (b) PLANNING AND DESIGN.—Using amounts appro-

7 priated pursuant to the authorization of appropriations in
8 section 2103(a) and available for military family housing
9 functions as specified in the funding table in section 4601,
10 the Secretary of the Army may carry out architectural and
11 engineering services and construction design activities
12 with respect to the construction or improvement of family
13 housing units in an amount not to exceed $17,339,000.
14 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

16 are hereby authorized to be appropriated for fiscal years
17 beginning after September 30, 2022, for military con-
18 struction, land acquisition, and military family housing
19 functions of the Department of the Army as specified in
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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION
2 PROJECTS.—Notwithstanding the cost variations author-
3 ized by section 2853 of title 10, United States Code, and
4 any other cost variation authorized by law, the total cost
5 of all projects carried out under section 2101 of this Act
6 may not exceed the total amount authorized to be appro-
7 priated under subsection (a), as specified in the funding
9 SEC. 2104. DEMOLITION OF DISTRICT OF COLUMBIA FORT
10 MCNAIR QUARTERS 4, 13, AND 15.
11 Not later than one year after the date on which all
12 the individuals occupying District of Columbia Fort
13 McNair Quarters 4, 13, and 15, as of the date of the en-
14 actment of this Act, have moved out of such Quarters,
15 the Secretary of the Army shall demolish such Quarters.
16 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
17 FISCAL YEAR 2019 PROJECT AT CAMP TANGO,
18 KOREA.
19 In the case of the authorization contained in the table

20 in section 2101(b) of the John S. McCain National De-
21 fense Authorization Act for Fiscal Year 2019 (division B
22 of Public Law 115–232; 132 Stat. 2242) for Camp Tango,
23 Korea, for construction of a command and control facility
24 at the installation, the Secretary of the Army may increase
25 scope for a dedicated, enclosed egress pathway out of the
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1460
1 underground facility to facilitate safe escape in case of
2 fire.
4 TO CARRY OUT CERTAIN FISCAL YEAR 2018
5 PROJECTS.
6 (a) EXTENSION OF AUTHORITY TO CARRY OUT CER-

7 TAIN FISCAL YEAR 2018 PROJECTS.—
8 (1) EXTENSION.—(A) Notwithstanding section
9 2002 of the Military Construction Authorization Act
10 for Fiscal Year 2018 (division B of Public Law 115–
11 91; 131 Stat. 1817), the authorization set forth in
12 the table in subparagraph (B), as provided in section
13 2101(b) of that Act (131 Stat. 1819), shall remain
14 in effect until October 1, 2023, or the date of the
15 enactment of an Act authorizing funds for military
16 construction for fiscal year 2024, whichever is later.
17 (B) The table referred to in subparagraph (A)
18 is as follows:
Army: Extension of 2018 Project Authorization
Original Au-
Installation or
Country Project thorized
Location Amount
Korea .............. Kunsan Air Base ......... Unmanned Aerial

Vehicle Hangar ... $53,000,000
19 (2) ARMY FAMILY HOUSING.—(A) Notwith-

20 standing section 2002 of the Military Construction
21 Authorization Act for Fiscal Year 2018 (division B
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1461
1 of Public Law 115–91; 131 Stat. 1817), the author-
2 ization set forth in the table in subparagraph (B),
3 as provided in section 2102 of that Act (131 Stat.
4 1820), shall remain in effect until October 1, 2023,
5 or the date of the enactment of an Act authorizing
6 funds for military construction for fiscal year 2024,
7 whichever is later.
8 (B) The table referred to in subparagraph (A)
9 is as follows:
Army: Extension of 2018 Project Authorization
Original Au-
Installation or
Location Amount
Kwajalein ....... Kwajalein Atoll ............ Family Housing Re-

placement Con-
struction .............. $31,000,000
10 (b) MODIFICATION OF AUTHORITY TO CARRY OUT

11 CERTAIN FISCAL YEAR 2018 PROJECTS.—
12 (1) KUNSAN AIR BASE, KOREA.—In the case of
13 the authorization contained in the table in section
14 2101(b) of the Military Construction Authorization
15 Act for Fiscal Year 2018 (division B of Public Law
16 115–91; 131 Stat. 1819) for Kunsan Air Base,
17 Korea, for construction of an Unmanned Aerial Ve-
18 hicle Hangar at the installation, the Secretary of the
19 Army may—
20 (A) construct the hangar at Camp Hum-
21 phries, Korea; and
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1 (B) remove primary scope associated with
2 the relocation of the air defense artillery bat-
3 talion facilities to include a ground based mis-
4 sile defense equipment area, fighting positions,
5 a missile resupply area air defense artillery fa-
6 cility, a ready building and command post, a
7 battery command post area, a safety shelter,
8 and a guard booth.
9 (2) KWAJALEIN ATOLL, HWAJALEIN.—Section
10 2879(a)(1)(A) of the Military Construction Author-

11 ization Act for Fiscal Year 2018 (division B of Pub-
12 lic Law 115–91; 131 Stat. 1874) is amended by
13 striking ‘‘at least 26 family housing units’’ and in-
14 serting ‘‘not more than 26 family housing units’’.
15 TITLE XXII—NAVY MILITARY
16 CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018 project.
Sec. 2205. Transfer of customers from Navy electrical utility system at former
Naval Air Station Barber’s Point, Hawaii, to new electrical
system in Kalaeloa, Hawaii.
17 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

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2 Navy may acquire real property and carry out military
Navy: Inside the United States
State or Territory Installation or Location Amount
California ................. Marine Corps Air Ground Combat Center

Twentynine Palms .................................... $137,235,000
Marine Corps Base Camp Pendleton ........... $145,079,000
Marine Corps Recruit Depot San Diego ...... $94,848,000
Naval Air Station Lemoore .......................... $247,633,000
Naval Base Point Loma Annex ................... $64,353,000
Naval Base San Diego ................................. $151,278,000
Naval Surface Warfare Center Corona Divi-
sion ........................................................... $17,100,000
Connecticut .............. Naval Submarine Base New London ........... $17,686,000
Florida ..................... Naval Air Station Jacksonville .................... $100,570,000
Naval Air Station Whiting Field ................. $228,001,000
Georgia .................... Naval Submarine Base Kings Bay .............. $309,102,000
Guam ....................... Marine Corps Base Camp Blaz ................... $419,745,000
Hawaii ..................... Joint Base Pearl Harbor-Hickam ................ $3,780,475,000
Marine Corps Base Kaneohe Bay ................ $100,206,000
Maryland .................. Naval Surface Warfare Center Carderock
Division .................................................... $2,363,000
Naval Surface Warfare Center Indian Head
Division .................................................... $10,155,000
Nevada ..................... Naval Air Station Fallon ............................. $159,866,000
North Carolina ........ Marine Corps Air Station Cherry Point ...... $44,830,000
Marine Corps Air Station New River .......... $240,084,000
Marine Corps Base Camp Lejeune .............. $54,122,000
Pennsylvania ............ Naval Surface Warfare Center Philadelphia
Division .................................................... $92,547,000
South Carolina ......... Marine Corps Recruit Depot Parris Island $166,930,000
Virginia .................... Naval Station Norfolk .................................. $19,224,000
Naval Surface Warfare Center Dahlgren
Division .................................................... $2,853,000
Washington .............. Naval Air Station Whidbey Island ............... $120,340,000

11 Navy may acquire real property and carry out military
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1 construction projects for the installations or locations out-
Navy: Outside the United States
Country Installation or Location Amount
Australia .................. Royal Australian Air Force Base Darwin ... $258,831,000
Djibouti .................... Camp Lemonnier .......................................... $122,107,000
Japan ....................... Kadena Air Base .......................................... $222,756,000
Spain ........................ Naval Station Rota ...................................... $92,323,000
5 (a) CONSTRUCTION AND ACQUISITION.—Using

6 amounts appropriated pursuant to the authorization of ap-
7 propriations in section 2203(a) and available for military
8 family housing functions as specified in the funding table
9 in section 4601, the Secretary of the Navy may construct
10 or acquire family housing units (including land acquisition
11 and supporting facilities) at the installations or locations,
12 in the number of units or for the purposes, and in the
13 amounts set forth in the following table:
Navy: Family Housing
Units or Pur-
Location Installation Amount
pose
Guam ............ Naval Support Activity Ander- Family housing

son. new construc-
tion ................. $289,776,000
............................ ..........................
14 (b) IMPROVEMENTS TO MILITARY FAMILY HOUSING

15 UNITS.—Subject to section 2825 of title 10, United States
16 Code, and using amounts appropriated pursuant to the
17 authorization of appropriations in section 2203(a) and
18 available for military family housing functions as specified
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1465
2 Navy may improve existing military family housing units
3 in an amount not to exceed $74,540,000.
4 (c) PLANNING AND DESIGN.—Using amounts appro-
8 the Secretary of the Navy may carry out architectural and
9 engineering services and construction design activities
12 SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.

17 functions of the Department of the Navy, as specified in
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3 SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CER-
4 TAIN FISCAL YEAR 2018 PROJECT.
5 (a) EXTENSION.—Notwithstanding section 2002 of

6 the Military Construction Authorization Act for Fiscal
7 Year 2018 (division B of Public Law 115–91; 131 Stat.
8 1817), the authorization set forth in the table in sub-
9 section (a), as provided in section 2201(a) of that Act
10 (131 Stat. 1822), shall remain in effect until October 1,
11 2023, or the date of the enactment of an Act authorizing
12 funds for military construction for fiscal year 2024, which-
13 ever is later.
14 (b) TABLE.—The table referred to in subsection (a)
15 is as follows:
Navy: Extension of 2018 Project Authorization
Original Au-
Installation or
Location Amount
Guam .............. Joint Region Marianas Navy-Commercial

Tie-in Hardening $37,180,000
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1 SEC. 2205. TRANSFER OF CUSTOMERS FROM NAVY ELEC-
2 TRICAL UTILITY SYSTEM AT FORMER NAVAL
3 AIR STATION BARBER’S POINT, HAWAII, TO
4 NEW ELECTRICAL SYSTEM IN KALAELOA, HA-
5 WAII.

7 propriations for such purpose, the Secretary of the Navy
8 shall pay the reasonable costs to transfer all customers
9 off of the electrical utility system of the Navy located at
10 former Naval Air Station Barber’s Point, Hawaii, to the
11 new electrical system in Kalaeloa, Hawaii, operated by
12 Hawaiian Electric.
13 (b) COOPERATIVE AGREEMENT OR OTHER INSTRU-
14 MENT.—The Secretary of the Navy may enter into a coop-
15 erative agreement or other appropriate instrument with a
16 third party—
17 (1) to make amounts available to pay the rea-
18 sonable costs of transfers described in subsection
19 (a); and
20 (2) to reimburse the third party for the reason-
21 able costs that it may incur to carry out paragraph
22 (1).
23 (c) FACILITATION OF TRANSFER.—To facilitate the
24 transfer of customers described in subsection (a), the Sec-
25 retary of the Navy shall provide the following to the State
26 of Hawaii:
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1468
1 (1) A load analysis and design necessary to
2 complete such transfer.
3 (2) Such rights of way and easements as may
4 be necessary to support the construction of replace-
5 ment electrical infrastructure.
6 (d) DISPOSAL OF NAVY ELECTRICAL SYSTEM.—Sub-
7 ject to the availability of appropriations for such purpose,
8 after all customers have been transferred as required
9 under subsection (a), the Secretary of the Navy may dis-
10 pose of the electrical system of the Navy located at former
11 Naval Air Station Barber’s Point, Hawaii.
12 TITLE XXIII—AIR FORCE
13 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 2018 projects.
Sec. 2305.
Modification of authority to carry out certain fiscal year 2021
project.
Sec. 2306. Modification of authority to carry out certain military construction
projects at Tyndall Air Force Base, Florida.
14 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
15 LAND ACQUISITION PROJECTS.

21 Air Force may acquire real property and carry out mili-
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1 tary construction projects for the installations or locations
2 inside the United States, and in the amounts, set forth
3 in the following table:
Air Force: Inside the United States
Alabama ..................... Maxwell Air Force Base ............................... $15,000,000

Alaska ........................ Clear Space Force Station ........................... $72,080,000
Joint Base Elmendorf-Richardson ............... $5,200,000
Arizona Davis-Monthan Air Force Base ................... $7,500,000
California ................... Travis Air Force Base ................................. $7,500,000
Vandenberg Space Force Base .................... $136,000,000
Florida ....................... Patrick Space Force Base ............................ $97,000,000
Hawaii ....................... Air Force Research Laboratory - Maui Ex-
perimental Site #1 ................................... $89,000,000
Illinois ........................ Scott Air Force Base ................................... $19,893,000
New York ................... Air Force Research Laboratory - Rome Re-
search Site ................................................ $4,200,000
Ohio ........................... Wright Patterson Air Force Base ................ $29,000,000
Oklahoma ................... Altus Air Force Base ................................... $4,750,000
Tinker Air Force Base ................................. $252,016,000
South Carolina ........... Shaw Air Force Base ................................... $15,000,000
South Dakota ............ Ellsworth Air Force Base ............................ $335,900,000
Tennessee .................. Arnold Air Force Base ................................. $46,000,000
Texas ......................... Joint Base San Antonio-Randolph .............. $29,000,000
Utah ........................... Hill Air Force Base ..................................... $96,900,000
Washington ................ Fairchild Air Force Base ............................. $8,000,000
Wyoming .................... F.E. Warren Air Force Base ....................... $241,920,000

9 Air Force may acquire real property and carry out mili-
10 tary construction projects for the installations or locations
11 outside the United States, and in the amounts, set forth
12 in the following table:
Air Force: Outside the United States
Hungary ..................... Pápa Air Base .............................................. $75,260,000

Iceland ....................... Naval Air Station Keflavik .......................... $102,500,000
Italy ........................... Aviano Air Base ........................................... $51,615,000
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Air Force: Outside the United States—Continued
Japan ......................... Kadena Air Base .......................................... $307,000,000

Jordan ....................... Muwaffaq Salti Air Base ............................. $53,000,000
Norway ...................... Rygge Air Station ........................................ $9,700,000
Spain .......................... Moron Air Base ............................................ $32,500,000
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2 (a) IMPROVEMENTS TO MILITARY FAMILY HOUSING

3 UNITS.—Subject to section 2825 of title 10, United States
4 Code, and using amounts appropriated pursuant to the
5 authorization of appropriations in section 2303(a) and
6 available for military family housing functions as specified
8 Air Force may improve existing military family housing
9 units in an amount not to exceed $233,858,000.
10 (b) PLANNING AND DESIGN.—Using amounts appro-
14 the Secretary of the Air Force may carry out architectural
15 and engineering services and construction design activities
18 SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR
19 FORCE.

24 functions of the Department of the Air Force, as specified
25 in the funding table in section 4601.
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10 TAIN FISCAL YEAR 2018 PROJECTS.
11 (a) EXTENSION.—
12 (1) EXTENSION.—Notwithstanding section
15 91; 131 Stat. 1817), the authorizations set forth in
16 the table in paragraph (2), as provided in section
17 2301(a) of that Act (131 Stat. 1825), shall remain
18 in effect until October 1, 2023, or the date of the
19 enactment of an Act authorizing funds for military
21 (2) TABLE.—The table referred to in paragraph
22 (1) is as follows:
Air Force: Extension of 2018 Project Authorizations
Original Au-
Installation or
State Project thorized
Location Amount
Florida ........... Tyndall Air Force Base Fire Station ............ $17,000,000
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Air Force: Extension of 2018 Project Authorizations—Continued
Original Au-
Installation or
Location Amount
Texas .............. Joint Base San Antonio BMT Classrooms/

Dining ................. $38,000,000
Joint Base San Antonio Camp Bullis Dining
Facility ................ $18,500,000
Wyoming ........ F. E. Warren Air Force
Base ......................... Consolidated Helo/
TRF Ops/AMU
and Alert Fac. ..... $62,000,000
1 (b) OVERSEAS CONTINGENCY OPERATIONS.—

2 (1) EXTENSION.—Notwithstanding section
5 91; 131 Stat. 1817), the authorizations set forth in
6 the table in paragraph (2), as provided in section
7 2903 of that Act (131 Stat. 1876), shall remain in
8 effect until October 1, 2023, or the date of the en-
9 actment of an Act authorizing funds for military
11 (2) TABLE.—The table referred to in paragraph
12 (1) is as follows:
Original Au-
Installation or
Location Amount
Hungary ......... Kecskemet Air Base .... ERI: Airfield Up-

grades .................. $12,900,000
Kecskemet Air Base .... ERI: Construct Par-
allel Taxiway ....... $30,000,000
Kecskemet Air Base .... ERI: Increase POL
Storage Capacity $12,500,000
Luxembourg ... Sanem .......................... ERI: ECAOS
Deployable Air-
base System Stor-
age ....................... $67,400,000
Slovakia .......... Malacky ........................ ERI: Airfield Up-
grades .................. $4,000,000
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Air Force: Extension of 2018 Project Authorizations—Continued
Original Au-
Installation or
Location Amount
Malacky ........................ ERI: Increase POL

Storage Capacity $20,000,000
ERI: Airfield Upgrades Construct Combat
Arms Training
and Maintenance
Facility ................ $22,000,000
2 CERTAIN FISCAL YEAR 2021 PROJECT.
3 In the case of the authorization contained in the table

4 in section 2301(a) of the Military Construction Authoriza-
5 tion Act for Fiscal Year 2021 (division B of Public Law
6 116–283; 134 Stat. 4299) for Hill Air Force Base, Utah,
7 for construction of GBSD Organic Software Sustainment
8 Center, the Secretary of the Air Force may construct—
9 (1) up to 7,526 square meters of Surface Park-
10 ing Lot in lieu of constructing a 13,434 square me-
11 ters vehicle parking garage; and
12 (2) up to 402 square meters of Storage Igloo.
14 CERTAIN MILITARY CONSTRUCTION
15 PROJECTS AT TYNDALL AIR FORCE BASE,
16 FLORIDA.
17 In the case of the authorization contained in section

18 2912(a) of the Military Construction Authorization Act
19 for Fiscal Year 2020 (division B of Public Law 116–92;
20 133 Stat. 1913) for Tyndall Air Force Base, Florida—
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1 (1) for construction of Lodging Facilities
2 Phases 1-2, as specified in such funding table and
3 modified by section 2306(a)(7) of the Military Con-
4 struction Authorization Act for Fiscal Year 2021
5 (division B of Public Law 116–283; 134 Stat.
6 4302), the Secretary of the Air Force may construct
7 two emergency backup generators;
8 (2) for construction of Dorm Complex Phases
9 1-2, as specified in such funding table and modified
10 by section 2306(a)(8) of the Military Construction
12 of Public Law 116–283; 134 Stat. 4302), the Sec-
13 retary of the Air Force may construct an emergency
14 backup generator;
15 (3) for construction of Site Development, Utili-
16 ties, and Demo Phase 2, as specified in such funding
17 table and modified by section 2306(a)(6) of the Mili-
18 tary Construction Authorization Act for Fiscal Year
19 2021 (division B of Public Law 116–283; 134 Stat.
20 4302), the Secretary of the Air Force may con-
21 struct—
22 (A) up to 6,248 lineal meters of storm
23 water utilities;
24 (B) up to 55,775 square meters of roads;
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1 (C) up to 4,334 lineal meters of gas pipe-
2 line; and
3 (D) up to 28,958 linear meters of elec-
4 trical;
5 (4) for construction of Tyndall AFB Gate Com-
6 plex, as specified in such funding table and modified
7 by section 2306(a)(9) of the Military Construction
9 of Public Law 116–283; 134 Stat. 4302), the Sec-
10 retary of the Air Force may construct up to 55,694
11 square meters of roadway with serpentines; and
12 (5) for construction of Deployment Center/
13 Flight Line Dining/AAFES, as specified in such
14 funding table and modified by section 2306(a)(11)
15 of the Military Construction Authorization Act for
16 Fiscal Year 2021 (division B of Public Law 116–
17 283; 134 Stat. 4303), the Secretary of the Air Force
18 may construct up to 164 square meters of AAFES
19 (Shoppette).
20 TITLE XXIV—DEFENSE AGEN-
21 CIES MILITARY CONSTRUC-
22 TION
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.
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1 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
2 TION AND LAND ACQUISITION PROJECTS.

7 the funding table in section 4601, the Secretary of De-
8 fense may acquire real property and carry out military
Defense Agencies: Inside the United States
Alabama ................. Redstone Arsenal ..................................... $151,000,000

California ............... Naval Base Coronado ............................... $75,712,000
Florida ................... Hurlburt Field .......................................... $9,100,000
MacDill Air Force Base ........................... $50,000,000
North Carolina ...... Fort Bragg ............................................... $34,470,000
Texas ..................... Joint Base San Antonio ........................... $58,600,000
Virginia .................. Dam Neck ................................................ $26,600,000
Pentagon .................................................. $18,000,000

16 in the funding table in section 4601, the Secretary of De-
17 fense may acquire real property and carry out military
18 construction projects for the installations or locations out-
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Defense Agencies: Outside the United States
Germany ............. Baumholder ................................................... $184,723,000

Wiesbaden ...................................................... $104,779,000
Japan .................. Yokota Air Base ............................................ $72,154,000
1 SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CON-
2 SERVATION INVESTMENT PROGRAM
3 PROJECTS.

6 tions in section 2403(a) and available for energy conserva-
7 tion projects as specified in the funding table in section
8 4601, the Secretary of Defense may carry out energy con-
9 servation projects under chapter 173 of title 10, United
10 States Code, for the installations or locations inside the
12 lowing table:
ERCIP Projects: Inside the United States
State or Territory Installation or Location Amount
Alabama ................. Redstone Arsenal ..................................... $10,700,000

California ............... Marine Corps Mountain Warfare Train-
ing Center ............................................. $30,672,000
Naval Base Ventura County .................... $16,032,000
Florida ................... Naval Air Station Jacksonville ................. $2,880,000
Patrick Space Force Base ........................ $15,700,000
Georgia .................. Fort Stewart-Hunter Army Airfield ........ $25,400,000
Naval Submarine Base Kings Bay .......... $13,440,000
Guam ..................... Naval Base Guam .................................... $34,360,000
Hawaii ................... Joint Base Pearl Harbor-Hickam ............ $30,000,000
Kansas ................... Fort Riley ................................................. $25,780,000
Maryland ............... National Security Agency-Washington,
Fort Meade ........................................... $23,310,000
Texas ..................... Fort Hood ................................................ $31,500,000
U.S. Army Reserve Center, Conroe ......... $9,600,000
Virginia .................. National Geospatial-Intelligence Agency
Campus East, Fort Belvoir .................. $1,100,000
Naval Support Activity Hampton Roads $26,880,000
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3 tions in section 2403(a) and available for energy conserva-
4 tion projects as specified in the funding table in section
5 4601, the Secretary of Defense may carry out energy con-
6 servation projects under chapter 173 of title 10, United
7 States Code, for the installations or locations outside the
9 lowing table:
ERCIP Projects: Outside the United States
Djibouti ............ Camp Lemonnier ............................................. $28,800,000

Japan ............... Kadena Air Base .............................................. $780,000
Kuwait ............. Camp Arifjan ................................................... $26,850,000
10 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE-
11 FENSE AGENCIES.

16 functions of the Department of Defense (other than the
17 military departments), as specified in the funding table
18 in section 4601.
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10 1817), the authorization set forth in the table in sub-
11 section (b), as provided in section 2401(b) of that Act
12 (131 Stat. 1829), for the projects specified in that table
13 shall remain in effect until October 1, 2023, or the date
14 of the enactment of an Act authorizing funds for military
17 is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
Original
Installation or
Country Project Authorized
Location Amount
Japan ............. Iwakuni ............... Construct Bulk Storage

Tanks PH 1 .................. $30,800,000
Puerto Rico .... USCG Station;
Punta
Borinquen ....... Ramey Unit School Re-
placement ...................... $61,071,000
18 TITLE XXV—INTERNATIONAL
19 PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
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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. Repeal of authorized approach to certain construction project.
1 Subtitle A—North Atlantic Treaty

2 Organization Security Invest-
3 ment Program
4 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
6 The Secretary of Defense may make contributions for

7 the North Atlantic Treaty Organization Security Invest-
8 ment Program as provided in section 2806 of title 10,
9 United States Code, in an amount not to exceed the sum
10 of the amount authorized to be appropriated for this pur-
11 pose in section 2502 and the amount collected from the
12 North Atlantic Treaty Organization as a result of con-
13 struction previously financed by the United States.
14 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

16 fiscal years beginning after September 30, 2022, for con-
17 tributions by the Secretary of Defense under section 2806
18 of title 10, United States Code, for the share of the United
19 States of the cost of projects for the North Atlantic Treaty
20 Organization Security Investment Program authorized by
21 section 2501 as specified in the funding table in section
22 4601.
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1 Subtitle B—Host Country In-Kind
2 Contributions
3 SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION
4 PROJECTS.
5 Pursuant to agreement with the Republic of Korea

6 for required in-kind contributions, the Secretary of De-
7 fense may accept military construction projects for the in-
8 stallations or locations in the Republic of Korea, and in
9 the amounts, set forth in the following table:
Republic of Korea Funded Construction Projects
Installation or
Component Project Amount
Location
Army .............. Camp Humphreys Quartermaster Laundry/

Dry Cleaner Facility ..... $24,000,000
Army .............. Camp Humphreys MILVAN CONNEX Stor-
age Yard ........................ $20,000,000
Navy ............... Camp Mujuk ....... Replace Ordnance Storage
Magazines ...................... $150,000,000
Navy ............... Fleet Activities
Chinhae ........... Water Treatment Plant
Relocation ...................... $6,000,000
Air Force ........ Gimhae Air Base Refueling Vehicle Shop ..... $8,800,000
Air Force ........ Osan Air Base .... Combined Air and Space
Operations Intelligence
Center ............................ $306,000,000
Air Force ........ Osan Air Base .... Upgrade Electrical Dis-
tribution West, Phase 3 $235,000,000
10 SEC. 2512. REPEAL OF AUTHORIZED APPROACH TO CER-
11 TAIN CONSTRUCTION PROJECT.
12 Section 2511 of the Military Construction Authoriza-

14 117–81; 135 Stat. 2177) is amended—
15 (1) by striking ‘‘(a) AUTHORITY TO ACCEPT
16 PROJECTS.—’’; and
17 (2) by striking subsection (b).
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1 TITLE XXVI—GUARD AND
2 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.
Sec. 2607. Corrections to authority to carry out certain fiscal year 2022
projects.
3 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON-
4 STRUCTION AND LAND ACQUISITION
5 PROJECTS.
6 Using amounts appropriated pursuant to the author-

7 ization of appropriations in section 2606 and available for
8 the National Guard and Reserve as specified in the fund-
9 ing table in section 4601, the Secretary of the Army may
10 acquire real property and carry out military construction
11 projects for the Army National Guard locations inside the
13 lowing table:
Army National Guard
State or Terri- Location Amount

tory
Alaska .................... Joint Base Elmendorf-Richardson ........... $63,000,000

Arkansas ................ Camp Robinson ........................................ $9,500,000
Delaware ................ River Road Training Site ......................... $16,000,000
Florida ................... Camp Blanding ........................................ $24,700,000
Gainesville ................................................ $21,000,000
Palm Coast Flagler RC FMS 9 ............... $12,000,000
Hawaii ................... Kalaeloa .................................................... $29,000,000
Indiana .................. Atlanta Readiness Center ........................ $20,000,000
Iowa ....................... West Des Moines Armory ........................ $15,000,000
Michigan ................ Grayling Airfield ...................................... $16,000,000
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Army National Guard—Continued
State or Terri- Location Amount

tory
Minnesota .............. New Ulm Armory and FMS .................... $17,000,000

Nevada ................... Harry Reid Training Center .................... $18,000,000
New York .............. Glenmore RD Armory/FMS 17 ................ $17,000,000
North Carolina ...... McLeansville Camp Burton Road ............ $15,000,000
Oregon ................... Camp Umatilla ......................................... $14,243,000
Puerto Rico ........... Arroyo Readiness Center .......................... $46,602,000
Camp Santiago Joint Maneuver Training
Center ................................................... $136,500,000
West Virginia ........ Buckhannon Brushy Fork ....................... $14,000,000
Wyoming ................ Camp Guernsey ........................................ $19,500,000
TS NG Sheridan ...................................... $14,800,000
1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION
2 AND LAND ACQUISITION PROJECTS.

6 ing table in section 4601, the Secretary of the Army may
8 projects for the Army Reserve locations inside the United
9 States, and in the amounts, set forth in the following
10 table:
Army Reserve
State or Territory Location Amount
California ............................ Camp Pendleton ...................................... $13,000,000

Florida ................................ Perrine ..................................................... $46,000,000
Ohio .................................... Wright-Patterson Air Force Base ........... $16,000,000
Puerto Rico ........................ Fort Buchanan ........................................ $24,000,000
Washington ......................... Yakima .................................................... $22,000,000
Wisconsin ............................ Fort McCoy ............................................. $64,000,000
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1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE
2 CORPS RESERVE CONSTRUCTION AND LAND

7 ing table in section 4601, the Secretary of the Navy may
9 projects for the Navy Reserve and Marine Corps Reserve
10 locations inside the United States, and in the amounts,
11 set forth in the following table:
Navy Reserve and Marine Corps Reserve
State Location Amount
Hawaii ............................... Marine Corps Base Kaneohe Bay ........ $116,964,000

Michigan ........................... Marine Forces Reserve Battle Creek .... $27,702,000
Virginia ............................. Marine Forces Reserve Dam Neck Vir- $11,856,000
ginia Beach.
12 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC-

17 ing table in section 4601, the Secretary of the Air Force
18 may acquire real property and carry out military construc-
19 tion projects for the Air National Guard locations inside
20 the United States, and in the amounts, set forth in the
21 following table:
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Air National Guard
Alabama .............................. Montgomery Regional Airport ................. $9,200,000

Arizona ............................... Morris Air National Guard Base ............ $12,000,000
............................................. Tucson International Airport .................. $11,700,000
Florida ................................ Jacksonville International Airport .......... $30,000,000
Indiana ............................... Fort Wayne International Airport .......... $16,500,000
Ohio .................................... Rickenbacker Air National Guard Base $8,000,000
Rhode Island ...................... Quonset State Airport ............................. $46,000,000
Tennessee ........................... McGhee-Tyson Airport ............................ $31,000,000
West Virginia ..................... McLaughlin Air National Guard Base .... $12,500,000
1 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC-

6 ing table in section 4601, the Secretary of the Air Force
7 may acquire real property and carry out military construc-
8 tion projects for the Air Force Reserve locations inside
9 the United States, and in the amounts, set forth in the
10 following table:
Air Force Reserve
Arizona ............................... Davis-Monthan Air Force Base .............. $8,000,000

Mississippi .......................... Keesler Air Force Base ........................... $10,000,000
Oklahoma ........................... Tinker Air Force Base ............................ $12,500,000
Virginia ............................... Langley Air Force Base .......................... $10,500,000
11 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA-
12 TIONAL GUARD AND RESERVE.

14 fiscal years beginning after September 30, 2022, for the
15 costs of acquisition, architectural and engineering services,
16 and construction of facilities for the Guard and Reserve
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1 Forces, and for contributions therefor, under chapter
2 1803 of title 10, United States Code (including the cost
3 of acquisition of land for those facilities), as specified in
5 SEC. 2607. CORRECTIONS TO AUTHORITY TO CARRY OUT
6 CERTAIN FISCAL YEAR 2022 PROJECTS.
7 The authorization table in section 2601 of the Mili-

8 tary Construction Authorization Act for Fiscal Year 2022
9 (division B of Public Law 117–81; 135 Stat. 2178) is
10 amended—
11 (1) in the item relating to Redstone Arsenal,
12 Alabama, by striking ‘‘Redstone Arsenal’’ and in-
13 serting ‘‘Huntsville Readiness Center’’;
14 (2) in the item relating to Jerome National
15 Guard Armory, Idaho, by striking ‘‘Jerome National
16 Guard Armory’’ and inserting ‘‘Jerome County Re-
17 gional Site’’;
18 (3) in the item relating to Nickell Memorial Ar-
19 mory Topeka, Kansas, by striking ‘‘Nickell Memorial
20 Armory Topeka’’ and inserting ‘‘Topeka Forbes
21 Field’’;
22 (4) in the item relating to Lake Charles Na-
23 tional Guard Readiness Center, Louisiana, by strik-
24 ing ‘‘Lake Charles National Guard Readiness Cen-
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1 ter’’ and inserting ‘‘Lake Charles Chennault Airport
2 NGLA’’;
3 (5) in the item relating to Camp Grayling,
4 Michigan, by striking ‘‘Camp Grayling’’ and insert-
5 ing ‘‘Grayling Airfield’’;
6 (6) in the item relating to Butte Military En-
7 trance Testing Site, Montana, by striking ‘‘Butte
8 Military Entrance Testing Site’’ and inserting ‘‘Sil-
9 ver Bow Readiness Center Land’’;
10 (7) in the item relating to Mead Army National
11 Guard Readiness Center, Nebraska, by striking
12 ‘‘Mead Army National Guard Readiness Center’’
13 and inserting ‘‘Mead TS/FMS 06/Utes 02’’;
14 (8) in the item relating to Dickinson National
15 Guard Armory, North Dakota, by striking ‘‘Dickin-
16 son National Guard Armory’’ and inserting ‘‘Dickin-
17 son Complex’’;
18 (9) in the item relating to Bennington National
19 Guard Armory, Vermont, by striking ‘‘Bennington
20 National Guard Armory’’ and inserting
21 ‘‘Bennington’’; and
22 (10) in the item relating to Camp Ethan Allen
23 Training Site, Vermont, by striking ‘‘Camp Ethan
24 Allen Training Site’’ and inserting ‘‘National Guard
25 Ethan Allen Air Force Base Training Site’’.
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6 1817), the authorizations set forth in the table in sub-
7 section (b), as provided in section 2604 of that Act (131
8 Stat. 1836), shall remain in effect until October 1, 2023,
9 or the date of the enactment of an Act authorizing funds
10 for military construction for fiscal year 2024, whichever
11 is later.
13 is as follows:
Original Au-
Installation or
Location Amount
Indiana ........... Hulman Regional Air-

port .......................... Construct Small
Arms Range ........ $8,000,000
South Dakota Joe Foss Field ............. Aircraft Mainte-
nance Shops ........ $12,000,000
Wisconsin ....... Dane County Regional/
Airport Truax Field Construct Small
Arms Range ........ $8,000,000
14 TITLE XXVII—BASE REALIGN-

15 MENT AND CLOSURE ACTIVI-
16 TIES
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure
Account.
Sec. 2702. Authorization to fund certain demolition and removal activities
through Department of Defense Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and closure
(BRAC) round.
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1 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR
2 BASE REALIGNMENT AND CLOSURE ACTIVI-
3 TIES FUNDED THROUGH DEPARTMENT OF
4 DEFENSE BASE CLOSURE ACCOUNT.

6 fiscal years beginning after September 30, 2022, for base
7 realignment and closure activities, including real property
8 acquisition and military construction projects, as author-
9 ized by the Defense Base Closure and Realignment Act
10 of 1990 (part A of title XXIX of Public Law 101–510;
11 10 U.S.C. 2687 note) and funded through the Department
12 of Defense Base Closure Account established by section
13 2906 of such Act (as amended by section 2711 of the Mili-
14 tary Construction Authorization Act for Fiscal Year 2013
15 (division B of Public Law 112–239; 126 Stat. 2140)), as
16 specified in the funding table in section 4601.
17 SEC. 2702. AUTHORIZATION TO FUND CERTAIN DEMOLI-
18 TION AND REMOVAL ACTIVITIES THROUGH
19 DEPARTMENT OF DEFENSE BASE CLOSURE
20 ACCOUNT.
21 (a) IN GENERAL.—Section 2906(c)(1) of the Defense

22 Base Closure and Realignment Act of 1990 (10 U.S.C.
24 new subparagraph:
25 ‘‘(E) To carry out the demolition or re-
26 moval of any building or structure under the
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1 control of the Secretary of the Navy that is not
2 designated as historic under a Federal, State,
3 or local law and is located on a military instal-
4 lation closed or realigned under a base closure
5 law (as such term is defined in section 101 of
6 title 10, United States Code) at which the sam-
7 pling or remediation of radiologically contami-
8 nated materials has been the subject of sub-
9 stantiated allegations of fraud, without regard
10 to—
11 ‘‘(i) whether the building or structure
12 is radiologically impacted; or
13 ‘‘(ii) whether such demolition or re-
14 moval is carried out, as part of a response
15 action or otherwise, under the Defense En-
16 vironmental Restoration Program specified
17 in subparagraph (A) or CERCLA (as such
18 term is defined in section 2700 of title 10,
19 United States Code).’’.
20 (b) FUNDING.—The amendment made by this section
21 may only be carried out using funds authorized to be ap-
22 propriated in the table in section 4601.
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1 SEC. 2703. PROHIBITION ON CONDUCTING ADDITIONAL
2 BASE REALIGNMENT AND CLOSURE (BRAC)
3 ROUND.
4 Nothing in this Act shall be construed to authorize

5 an additional Base Realignment and Closure (BRAC)
6 round.
7 TITLE XXVIII—MILITARY CON-
8 STRUCTION GENERAL PROVI-
9 SIONS
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to

carry out unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar thresholds appli-
cable to unspecified minor military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified minor mili-
tary construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research, development,
test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy, Installa-
tions, and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations for mili-
tary construction projects and military family housing projects.
Sec. 2809. Use of operation and maintenance funds for certain construction
projects outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to improve
energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and Unified Fa-
cilities Criteria to include specifications on use of gas insulated
switchgear and criteria and specifications on microgrids and
microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders that im-
pact cost and scope of work of military construction projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391
with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B—Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements and

Market Analyses.
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Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical condi-
tions of residents in privatized military housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts with fed-
erally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military installa-
tion resilience component of master plans for at-risk major
Sec. 2833. Physical entrances to certain military installations.
Subtitle D—Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Vir-
ginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E—Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military construc-

tion projects.
Sec. 2852. Report on capacity of Department of Defense to provide survivors
of natural disasters with emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States military in-
stallations by the People’s Republic of China.
Sec. 2861. Required consultation with State and local entities for notifications
related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program of
certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the report on
strategic seaports in Defense Community Infrastructure Pilot
Program.
Sec. 2864. Inclusion of certain property for purposes of defense community in-
frastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable building
materials in military construction to include locations through-
out the United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for certain
construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of In-
spectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training facil-
ity.
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Sec. 2870. Limitation on use of funds for closure of combat readiness training
centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot Project.
Sec. 2873. Access to military installations for Homeland Security Investigations
personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with civil
aviation.
Sec. 2875. Electrical charging capability construction requirements relating to
parking for Federal Government motor vehicles.
1 Subtitle A—Military Construction

2 Program
3 SEC. 2801. TEMPORARY INCREASE OF AMOUNTS IN CON-
4 NECTION WITH AUTHORITY TO CARRY OUT
5 UNSPECIFIED MINOR MILITARY CONSTRUC-
6 TION.
7 For the period beginning on the date of the enact-

8 ment of this Act and ending on December 1, 2025, section
9 2805 of title 10, United States Code, shall be applied and
10 administered—
11 (1) in subsection (a)(2), by substituting
12 ‘‘$9,000,000’’ for ‘‘$6,000,000’’;
13 (2) in subsection (c), by substituting
14 ‘‘$4,000,000’’ for ‘‘$2,000,000’’;
17 (i) in subparagraph (A), by sub-
18 stituting ‘‘$9,000,000’’ for ‘‘$6,000,000’’;
19 and
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1 (ii) in subparagraph (B), by sub-
2 stituting ‘‘$9,000,000’’ for ‘‘$6,000,000’’;
3 and
4 (B) in paragraph (2), by substituting
5 ‘‘$9,000,000’’ for ‘‘$6,000,000’’; and
6 (4) in subsection (f)(1), by substituting
7 ‘‘$14,000,000’’ for ‘‘$10,000,000’’.
8 SEC. 2802. MODIFICATION OF ANNUAL LOCALITY ADJUST-
9 MENT OF DOLLAR THRESHOLDS APPLICABLE
10 TO UNSPECIFIED MINOR MILITARY CON-
11 STRUCTION AUTHORITIES.
12 Section 2805(f)(2) of title 10, United States Code,

13 as amended by this Act, is further amended—
14 (1) by striking ‘‘or the Commonwealth’’ and in-
15 serting ‘‘Wake Island, the Commonwealth’’; and
16 (2) by inserting ‘‘, or a former United States
17 Trust Territory now in a Compact of Free Associa-
18 tion with the United States’’ after ‘‘Mariana Is-
19 lands’’.
20 SEC. 2803. PERMANENT AUTHORITY FOR DEFENSE LAB-
21 ORATORY MODERNIZATION PROGRAM.

23 States Code, as amended by this Act, is further amended
24 by adding at the end the following new subsection:
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1 ‘‘(g) DEFENSE LABORATORY MODERNIZATION PRO-
2 GRAM.—(1) Using amounts appropriated or otherwise
3 made available to the Department of Defense for research,
4 development, test, and evaluation, the Secretary of De-
5 fense may fund a military construction project described
6 in paragraph (4) at any of the following:
7 ‘‘(A) A Department of Defense science and
8 technology reinvention laboratory (as designated
9 under section 4121(b) of this title).
10 ‘‘(B) A Department of Defense federally funded
11 research and development center that functions pri-
12 marily as a research laboratory.
13 ‘‘(C) A Department of Defense facility in sup-
14 port of a technology development program that is
15 consistent with the fielding of offset technologies as
16 described in section 218 of the National Defense Au-
18 114–92; 10 U.S.C. note 4811).
19 ‘‘(D) A Department of Defense research, devel-
20 opment, test, and evaluation facility that is not des-
21 ignated as a science and technology reinvention lab-
22 oratory, but nonetheless is involved with develop-
23 mental test and evaluation.
24 ‘‘(2) Subject to the condition that a military construc-
25 tion project under paragraph (1) be authorized in a Mili-
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1 tary Construction Authorization Act, the authority to
2 carry out the military construction project includes au-
3 thority for—
4 ‘‘(A) surveys, site preparation, and advanced
5 planning and design;
6 ‘‘(B) acquisition, conversion, rehabilitation, and
7 installation of facilities;
8 ‘‘(C) acquisition and installation of equipment
9 and appurtenances integral to the project; acquisi-
10 tion and installation of supporting facilities (includ-
11 ing utilities) and appurtenances incident to the
12 project; and
13 ‘‘(D) planning, supervision, administration, and
14 overhead expenses incident to the project.
15 ‘‘(3)(A) The Secretary of Defense shall include mili-
16 tary construction projects proposed to be carried out
17 under paragraph (1) in the budget justification documents
18 for the Department of Defense submitted to Congress in
19 connection with the budget for a fiscal year submitted
20 under 1105 of title 31.
21 ‘‘(B) Not less than 14 days prior to the first obliga-
22 tion of funds described in paragraph (1) for a military
23 construction project to be carried out under such para-
24 graph, the Secretary of Defense shall submit to the con-
25 gressional defense committees a notification providing an
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1498
1 updated construction description, cost, and schedule for
2 the project and any other matters regarding the project
3 as the Secretary considers appropriate.
4 ‘‘(4) The authority provided by paragraph (1) to fund
5 military construction projects using amounts appropriated
6 or otherwise made available for research, development,
7 test, and evaluation is limited to military construction
8 projects that the Secretary of Defense, in the budget jus-
9 tification documents exhibits submitted pursuant to para-
10 graph (3)(A), determines—
11 ‘‘(A) will support research and development ac-
12 tivities at laboratories described in paragraph (1);
13 ‘‘(B) will establish facilities that will have sig-
14 nificant potential for use by entities outside the De-
15 partment of Defense, including universities, indus-
16 trial partners, and other Federal agencies;
17 ‘‘(C) are endorsed for funding by more than
18 one military department or Defense Agency; and
19 ‘‘(D) cannot be fully funded within the thresh-
20 olds otherwise specified in this section.
21 ‘‘(5) The maximum amount of funds appropriated or
22 otherwise made available for research, development, test,
23 and evaluation that may be obligated in any fiscal year
24 for military construction projects under paragraph (1) is
25 $150,000,000.
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1 ‘‘(6)(A) In addition to the authority provided to the
2 Secretary of Defense under paragraph (1) to use amounts
3 appropriated or otherwise made available for research, de-
4 velopment, test, and evaluation for a military construction
5 project referred to in such subsection, the Secretary of the
6 military department concerned may use amounts appro-
7 priated or otherwise made available for research, develop-
8 ment, test, and evaluation to obtain architectural and en-
9 gineering services and to carry out construction design in
10 connection with such a project.
11 ‘‘(B) In the case of architectural and engineering
12 services and construction design to be undertaken under
13 this paragraph for which the estimated cost exceeds
14 $1,000,000, the Secretary concerned shall notify the ap-
15 propriate committees of Congress of the scope of the pro-
16 posed project and the estimated cost of such services be-
17 fore the initial obligation of funds for such services. The
18 Secretary may then obligate funds for such services only
19 after the end of the 14-day period beginning on the date
20 on which the notification is received by the committees in
21 an electronic medium pursuant to section 480 of this
22 title.’’.
23 (b) APPLICABILITY.—Subsection (g) of section 2805
24 of title 10, United States Code, as added by subsection
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1500
1 (a), shall apply with respect only to amounts appropriated
3 (c) CONFORMING REPEAL.—Section 2803 of the Na-
5 (Public Law 114–92; 10 U.S.C. note prec. 4121) is re-
6 pealed.
7 SEC. 2804. ELIMINATION OF SUNSET OF AUTHORITY TO
8 CONDUCT UNSPECIFIED MINOR MILITARY
9 CONSTRUCTION FOR LAB REVITALIZATION.
10 Section 2805(d) of title 10, United States Code, as

11 amended by this Act, is further amended by striking para-
12 graph (5).
13 SEC. 2805. MILITARY CONSTRUCTION PROJECTS FOR INNO-
14 VATION, RESEARCH, DEVELOPMENT, TEST,
15 AND EVALUATION.
16 (a) IN GENERAL.—Subchapter I of chapter 169 of

18 section 2809 the following new section:
19 ‘‘§ 2810. Military construction projects for innovation,
20 research, development, test, and evalua-
21 tion
22 ‘‘(a) PROJECT AUTHORIZATION REQUIRED.—The

23 Secretary of Defense may carry out such military con-
24 struction projects for innovation, research, development,
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1 test, and evaluation as are authorized by law, using funds
2 appropriated or otherwise made available for that purpose.
3 ‘‘(b) SUBMISSION OF PROJECT PROPOSALS.—As part
4 of the defense budget materials for each fiscal year, the
5 Secretary of Defense shall include the following informa-
6 tion for each military construction project covered by sub-
7 section (a):
8 ‘‘(1) The project title.
9 ‘‘(2) The location of the project.
10 ‘‘(3) A brief description of the scope of work.
11 ‘‘(4) A completed Department of Defense Form
12 1391 budget justification that includes the original
13 project cost estimate.
14 ‘‘(5) A current working cost estimate, if dif-
15 ferent that the cost estimate contained in such Form
16 1391.
17 ‘‘(6) Such other information as the Secretary
19 ‘‘(c) BUDGET JUSTIFICATION DISPLAY.—The Sec-
20 retary of Defense shall include with the defense budget
21 materials for each fiscal year a consolidated budget jus-
22 tification display that individually identifies each military
23 construction project covered by subsection (a) and the
24 amount requested for such project for such fiscal year.
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1 ‘‘(d) APPLICATION TO MILITARY CONSTRUCTION
2 PROJECTS.—This section shall apply to military construc-
3 tion projects covered by subsection (a) for which a Depart-
4 ment of Defense Form 1391 is submitted to the appro-
5 priate committees of Congress in connection with the
6 budget of the Department of Defense for fiscal year 2023
7 and thereafter.’’.
9 at the beginning of such subchapter is amended by insert-
10 ing after the item relating to section 2809 the following
11 new item:
‘‘2810. Military construction projects for innovation, research, development, test,
and evaluation.’’.
12 SEC. 2806. SUPERVISION OF LARGE MILITARY CONSTRUC-
13 TION PROJECTS.
14 (a) SUPERVISION OF LARGE MILITARY CONSTRUC-

15 TION PROJECTS.—Section 2851 of title 10, United States
17 (1) by redesignating subsection (d) as sub-
18 section (e); and
21 ‘‘(d) REPORT ON SUPERVISION OF LARGE MILITARY
22 CONSTRUCTION PROJECTS.—Before the award of a con-
23 tract of a value greater than $500,000,000 in connection
24 with a military construction project, the individual direct-
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1503
1 ing and supervising such military construction project
2 under subsection (a) or the individual designated pursuant
3 to subsection (b) (as applicable) shall submit to the appro-
4 priate committees of Congress a report on the intended
5 supervision, inspection, and overhead plan to manage such
6 military construction project. Each such report shall in-
8 ‘‘(1) A determination of the overall funding in-
9 tended to manage the supervision, inspection, and
10 overhead of the military construction project.
11 ‘‘(2) An assessment of whether a Department
12 of Defense Field Activity directly reporting to such
13 individual should be established.
14 ‘‘(3) A description of the quality assurance ap-
15 proach to the military construction project.
16 ‘‘(4) The independent cost estimate described in
17 section 3221(b)(6)(A) of this title.
18 ‘‘(5) The overall staffing approach to oversee
19 the military construction project for each year of the
20 contract term.’’.
21 (b) CONFORMING AMENDMENT TO DUTIES OF THE
22 DIRECTOR OF COST ASSESSMENT AND PROGRAM EVAL-

23 UATION.—Section 3221(b)(6)(A) of title 10, United States
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1 (1) in clause (iii), by striking ‘‘and’’ at the end;
2 and
4 clause:
5 ‘‘(v) any decision to enter into a con-
6 tract in connection with a military con-
7 struction project of a value greater than
8 $500,000,000; and’’.
9 (c) APPLICABILITY.—This section and the amend-
10 ments made by this section shall apply to contracts en-
11 tered into on or after the date of the enactment of this
12 Act.
13 SEC. 2807. SPECIFICATION OF ASSISTANT SECRETARY OF
14 DEFENSE FOR ENERGY, INSTALLATIONS, AND
15 ENVIRONMENT AS CHIEF HOUSING OFFICER.
16 Subsection (a) of section 2851a of title 10, United

18 ‘‘(a) IN GENERAL.—The Assistant Secretary of De-
19 fense for Energy, Installations, and Environment shall
20 serve as the Chief Housing Officer, who shall oversee fam-
21 ily housing and military unaccompanied housing under the
22 jurisdiction of the Department of Defense or acquired or
23 constructed under subchapter IV of this chapter (in this
24 section referred to as ‘covered housing units’).’’.
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1 SEC. 2808. CLARIFICATION OF EXCEPTIONS TO LIMITA-
2 TIONS ON COST VARIATIONS FOR MILITARY
3 CONSTRUCTION PROJECTS AND MILITARY
4 FAMILY HOUSING PROJECTS.
5 Subparagraph (D) of section 2853(c)(1) of title 10,

7 ‘‘(D) The Secretary concerned may not use the au-
8 thority provided by subparagraph (A) to waive the cost
9 limitation applicable to a military construction project
10 with a total authorized cost greater than $500,000,000
11 or a military family housing project with a total authorized
12 cost greater than $500,000,000 if that waiver would in-
13 crease the project cost by more than 50 percent of the
14 total authorized cost of the project.’’.
15 SEC. 2809. USE OF OPERATION AND MAINTENANCE FUNDS
16 FOR CERTAIN CONSTRUCTION PROJECTS
17 OUTSIDE THE UNITED STATES.
18 (a) PERMANENT AUTHORITY.—Section 2808 of the

19 Military Construction Authorization Act for Fiscal Year
20 2004 (division B of Public Law 108–136; 117 Stat. 1723),
21 as most recently amended by section 2806 of the Military
22 Construction Authorization Act for Fiscal Year 2022 (di-
23 vision B of Public Law 117–81; 135 Stat. 2190), is fur-
24 ther amended—
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1506
1 (A) by striking ‘‘, inside the area of re-
2 sponsibility of the United States Central Com-
3 mand or certain countries in the area of respon-
4 sibility of the United States Africa Command,’’;
5 (B) by inserting ‘‘outside the United
6 States’’ after ‘‘construction project’’; and
7 (C) in paragraph (2), by striking ‘‘, unless
8 the military installation is located in Afghani-
9 stan, for which projects using this authority
10 may be carried out at installations deemed as
11 supporting a long-term presence’’; and
12 (2) in subsection (c)(1), by striking subpara-
13 graph (A) and redesignating subparagraphs (B) and
14 (C) as subparagraphs (A) and (B), respectively.
15 (b) CONFORMING AMENDMENTS.—Such section is
16 further amended—
17 (1) in subsection (b), by striking ‘‘subsection
18 (f)’’ and inserting ‘‘subsection (d)’’;
19 (2) by striking subsection (e);
20 (3) by redesignating subsections (f) and (g) as
21 subsections (d) and (e), respectively;
23 striking ‘‘subsection (f)’’ and inserting ‘‘subsection
24 (d)’’; and
25 (5) by striking subsections (h) and (i).
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1 (c) CLERICAL AMENDMENTS.—Such section is fur-
2 ther amended as follows:
3 (1) The section heading for such section is
4 amended—
5 (A) by striking ‘‘TEMPORARY, LIMITED AU-
6 THORITY’’ and inserting ‘‘AUTHORITY’’ ; and

7 (B) by inserting ‘‘CERTAIN’’ before ‘‘CON-
8 STRUCTION PROJECTS’’.
9 (2) The subsection heading for subsection (a) of

10 such section is amended by striking ‘‘TEMPORARY
11 AUTHORITY’’ and inserting ‘‘IN GENERAL’’.
12 (d) CLASSIFICATION.—The Law Revision Counsel is
13 directed to classify section 2808 of the Military Construc-
14 tion Authorization Act for Fiscal Year 2004 (division B
15 of Public Law 108–136; 117 Stat. 1723), as amended by
16 subsection (a), as a note following section 2804 of title
18 SEC. 2810. CONSIDERATION OF INSTALLATION OF INTE-
19 GRATED SOLAR ROOFING TO IMPROVE EN-
20 ERGY RESILIENCY OF MILITARY INSTALLA-
21 TIONS.
22 The Secretary of Defense shall amend the Unified

23 Facilities Criteria/DoD Building Code (UFC 1–200–01)
24 to require that planning and design for military construc-
25 tion projects inside the United States include consider-
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1508
1 ation of the feasibility and cost-effectiveness of installing
2 integrated solar roofing as part of the project, for the pur-
3 pose of—
4 (1) promoting on-installation energy security
5 and energy resilience;
6 (2) providing grid support to avoid energy dis-
7 ruptions; and
8 (3) facilitating implementation and greater use
9 of the authority provided by subsection (h) of section
11 SEC. 2811. REVISION OF UNIFIED FACILITIES GUIDE SPECI-
12 FICATIONS AND UNIFIED FACILITIES CRI-
13 TERIA TO INCLUDE SPECIFICATIONS ON USE
14 OF GAS INSULATED SWITCHGEAR AND CRI-
15 TERIA AND SPECIFICATIONS ON MICROGRIDS
16 AND MICROGRID CONVERTERS.
17 (a) GAS INSULATED SWITCHGEAR.—Not later than

18 one year after the date of the enactment of this Act, the
20 Sustainment shall modify the Unified Facilities Guide
21 Specifications to include a distinct specification for me-
22 dium voltage gas insulated switchgear.
23 (b) MICROGRIDS.—Not later than one year after the
24 date of the enactment of this Act, the Under Secretary
25 of Defense for Acquisition and Sustainment shall—
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1 (1) modify the Unified Facilities Criteria to in-
2 clude criteria for microgrids; and
3 (2) modify the Unified Facilities Guide Speci-
4 fications to include specifications for microgrids and
5 microgrid controllers.
6 SEC. 2812. DETERMINATION AND NOTIFICATION RELATING
7 TO EXECUTIVE ORDERS THAT IMPACT COST
8 AND SCOPE OF WORK OF MILITARY CON-
9 STRUCTION PROJECTS.
10 (a) DETERMINATION AND UPDATE OF FORM 1391.—

11 Not later than 30 days after the date on which an Execu-
12 tive order is signed by the President, the Secretary con-
13 cerned shall—
14 (1) determine whether implementation of the
15 Executive order would cause a cost or scope of work
16 variation for a military construction project under
17 the jurisdiction of the Secretary concerned;
18 (2) assess the potential for life-cycle cost sav-
19 ings associated with implementation of the Executive
20 order for such a project; and
21 (3) update the Department of Defense Form
22 1391 for each such project that has not been sub-
23 mitted for congressional consideration, where such
24 implementation would affect such cost or scope of
25 work variation, including—
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1 (A) projects to be commenced in the next
2 fiscal year beginning after the date on which
3 the Executive order was signed; and
4 (B) projects covered by the future-years
5 defense program submitted under section 221
7 (b) NOTIFICATION TO CONGRESS.—Not later than 10
8 days after determining under subsection (a)(1) that imple-
9 mentation of an Executive order would cause a cost or
10 scope of work variation for a military construction project,
11 the Secretary concerned shall submit to the congressional
12 defense committees a report indicating the estimated cost
13 increases, scope of work increases, life-cycle costs, and any
14 other impacts of such implementation.
15 (c) CERTIFICATION.—Along with the submission to
16 Congress of the budget of the President for a fiscal year
17 under section 1105(a) of title 31, United States Code,
18 each Secretary concerned shall certify to Congress that
19 each Department of Defense Form 1391 provided to Con-
20 gress for that fiscal year for a military construction
21 project has been updated with any cost or scope of work
22 variation specified in subsection (a)(1) with respect to an
23 Executive order signed during the four-year period pre-
24 ceding such certification, including an indication of any
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1511
1 cost increases for such project that is directly attributable
2 to such Executive order.
3 (d) SECRETARY CONCERNED DEFINED.—In this sec-
6 Code.
7 SEC. 2813. REQUIREMENT FOR INCLUSION OF DEPART-
8 MENT OF DEFENSE FORMS 1391 WITH AN-
9 NUAL BUDGET SUBMISSION BY PRESIDENT.
10 Concurrently with the submission to Congress by the

11 President of the annual budget of the Department of De-
12 fense for a fiscal year under section 1105(a) of title 31,
13 United States Code, the President shall include each De-
14 partment of Defense Form 1391, or successor similar
15 form, for a military construction project to be carried out
16 during that fiscal year.
17 SEC. 2814. USE OF INTEGRATED PROJECT DELIVERY CON-
18 TRACTS.
19 (a) IN GENERAL.—In fiscal year 2023, the Secretary

20 of the Army, the Secretary of the Navy, and the Secretary
21 of the Air Force shall each enter into at least one inte-
22 grated project delivery contract for the delivery of a mili-
23 tary construction project.
24 (b) INTEGRATED PROJECT DELIVERY CONTRACT
25 DEFINED.—In this section, the term ‘‘integrated project
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1512
1 delivery contract’’ means a single contract for the delivery
2 of a whole project that—
3 (1) includes, at a minimum, the Secretary con-
4 cerned, builder, and architect-engineer as parties
5 that are subject to the terms of the contract;
6 (2) aligns the interests of all the parties to the
7 contract with respect to the project costs and project
8 outcomes; and
9 (3) includes processes to ensure transparency
10 and collaboration among all parties to the contract
11 relating to project costs and project outcomes.
12 Subtitle B—Military Housing
13 Reforms
14 SEC. 2821. STANDARDIZATION OF MILITARY INSTALLATION
15 HOUSING REQUIREMENTS AND MARKET
16 ANALYSES.
17 (a) IN GENERAL.—Subchapter II of chapter 169 of

20 ‘‘§ 2837. Housing Requirements and Market Analysis
21 ‘‘(a) IN GENERAL.—Not less frequently than once
22 every five years and in accordance with the requirements
23 of this section, the Secretary concerned shall conduct a
24 Housing Requirements and Market Analysis (in this sec-
25 tion referred to as an ‘HRMA’) for each military installa-
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1 tion under the jurisdiction of the Secretary concerned that
2 is located in the United States.
3 ‘‘(b) PRIORITIZATION OF INSTALLATIONS.—
5 graph (2), the Secretary concerned shall prioritize
6 the conduct of HRMAs for military installations—
7 ‘‘(A) for which an HRMA has not been
8 conducted during the five-year period preceding
9 the date of the enactment of this section; or
10 ‘‘(B) in locations with housing shortages.
11 ‘‘(2) EXISTING 5-YEAR REQUIREMENT.—Para-
12 graph (1) shall not apply to a military department

13 that required an HRMA to be conducted for each
14 military installation not less frequently than once
15 every five years before the date of the enactment of
16 this section.
17 ‘‘(c) SUBMITTAL TO CONGRESS.—The Secretary of
18 Defense shall include with the budget materials for the
19 Department of Defense for fiscal year 2024 and each sub-
20 sequent fiscal year (as submitted to Congress pursuant to
21 section 1105 of title 31, United States Code) a list of the
22 military installations for which the Secretary concerned
23 plans to conduct an HRMA during the fiscal year covered
24 by such budget materials.
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1 ‘‘(d) HOUSING REQUIREMENTS AND MARKET ANAL-
2 YSIS.—The term ‘Housing Requirements and Market
3 Analysis’or ‘HRMA’ means, with respect to a military in-
4 stallation, a structured analytical process under which an
5 assessment is made of both the suitability and availability
6 of the private sector rental housing market using assumed
7 specific standards related to affordability, location, fea-
8 tures, physical condition, and the housing requirements of
9 the total military population of such installation.’’.
10 (b) TIME FRAME.—
11 (1) IN GENERAL.—During each of fiscal years
12 2023 through 2027, the Secretary concerned shall
13 conduct an HRMA for 20 percent of the military in-
14 stallations under the jurisdiction of the Secretary
15 concerned located in the United States.
16 (2) SUBMITTAL OF INFORMATION TO CON-
17 GRESS.—Not later than January 15, 2023, the Sec-

18 retary concerned shall submit to the congressional
19 defense committees a list of military installations for
20 which the Secretary concerned plans to conduct an
21 HRMA during fiscal year 2023.
23 (1) The term ‘‘HRMA’’ means, with respect to
24 a military installation, a structured analytical proc-
25 ess under which an assessment is made of both the
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1 suitability and availability of the private sector rent-
2 al housing market using assumed specific standards
3 related to affordability, location, features, physical
4 condition, and the housing requirements of the total
5 military population of such installation.
8 States Code.
10 meaning given that term in section 101(a) of title
12 SEC. 2822. NOTICE REQUIREMENT FOR MHPI GROUND
13 LEASE EXTENSIONS.

16 section:
17 ‘‘(f) NOTICE OF LEASE EXTENSIONS.—(1) The Sec-
18 retary concerned shall provide to the congressional defense
19 committees notice in writing and a briefing—
20 ‘‘(A) not later than 60 days after beginning ne-
21 gotiations with a lessor for the extension of the term
22 of any ground lease of property or facilities under
23 this section; and
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1 ‘‘(B) not later than 90 days before extending
2 the term of any ground lease of property or facilities
4 ‘‘(2) A notice and briefing required under paragraph
5 (1) shall include each of the following:
6 ‘‘(A) A description of any material differences
7 between the extended ground lease and the original
8 ground lease, including with respect to—
9 ‘‘(i) the length of the term of the lease, as
10 extended; and
11 ‘‘(ii) any new provisions that materially af-
12 fect the rights and responsibilities of the
13 ground lessor or the ground lessee under the
14 original ground lease.
15 ‘‘(B) The number of housing units or facilities
16 subject to the ground lease that, during the lease ex-
17 tension, are to be—
18 ‘‘(i) constructed;
19 ‘‘(ii) demolished; or
20 ‘‘(iii) renovated.
21 ‘‘(C) The source of any additional financing the
22 lessor has obtained, or intends to obtain, during the
23 term of the ground lease extension that will be used
24 for the development of the property or facilities sub-
25 ject to the ground lease.
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1517
1 ‘‘(D) The following information, displayed an-
2 nually, for the five-year period preceding the date of
3 the notice and briefing:
4 ‘‘(i) The debt-to-net operating income ratio
5 for the property or facility subject to the
6 ground lease.
7 ‘‘(ii) The occupancy rates for the housing
8 units subject to the ground lease.
9 ‘‘(iii) An report on maintenance response
10 times and completion of maintenance requests
11 for the housing units subject to the ground
12 lease.
13 ‘‘(iv) The occupancy rates and debt-to-net
14 operating income ratios of any other military
15 privatized housing initiative projects managed
16 by a company that controls, or that is under
17 common control with, the ground lessee enter-
18 ing into the lease extension.’’.
19 SEC. 2823. ANNUAL BRIEFINGS ON MILITARY HOUSING PRI-
20 VATIZATION PROJECTS.

23 section:
24 ‘‘(d) ANNUAL BRIEFINGS.—Not later than February
25 1 of each year, each Secretary concerned shall provide to
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1518
2 House of Representatives a briefing on military housing
3 privatization projects under the jurisdiction of the Sec-
4 retary. Such briefing shall include, for the 12-month pe-
5 riod preceding the date of the briefing, each of the fol-
6 lowing:
7 ‘‘(1) The information described in paragraphs
8 (1) through (14) of subsection (c) with respect to all
9 military housing privatization projects under the ju-
10 risdiction of the Secretary.
11 ‘‘(2) A review of any such project that is ex-
12 pected to require the restructuring of a loan, includ-
13 ing any public or private loan.
14 ‘‘(3) For any such project expected to require
15 restructuring, a timeline for when such restructuring
16 is expected to occur.
17 ‘‘(4) Such other information as the Secretary
18 determines appropriate.’’.
19 SEC. 2824. MOLD INSPECTION OF VACANT HOUSING UNITS.

21 amended—
23 section (f); and
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1519
1 ‘‘(e) REQUIREMENTS FOR SECRETARY CON-
2 CERNED.—The Secretary concerned shall be responsible
3 for—
4 ‘‘(1) providing for a mold inspection of each va-
5 cant housing unit before any new tenant moves into
6 the unit; and
7 ‘‘(2) providing to the new tenant the results of
8 the inspection.’’.
9 SEC. 2825. IMPLEMENTATION OF RECOMMENDATIONS
10 FROM AUDIT OF MEDICAL CONDITIONS OF
11 RESIDENTS IN PRIVATIZED MILITARY HOUS-
12 ING.
13 Not later than March 1, 2023, the Secretary of De-

14 fense shall implement the recommendations contained in
15 the report of the Inspector General of the Department of
16 Defense published on April 1, 2022, and titled ‘‘Audit of
17 Medical Conditions of Residents in Privatized Military
18 Housing’’ (DODIG–2022–078).
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1 Subtitle C—Real Property and
2 Facilities Administration
3 SEC. 2831. AUTHORIZED LAND AND FACILITIES TRANSFER
4 TO SUPPORT CONTRACTS WITH FEDERALLY
5 FUNDED RESEARCH AND DEVELOPMENT
6 CENTERS.

8 States Code, is amended by inserting after section 2668a
10 ‘‘§ 2669. Transfer of land and facilities to support con-
11 tracts with federally funded research and
12 development centers
13 ‘‘(a) LEASE OF LAND, FACILITIES, AND IMPROVE-

14 MENTS.—(1) The Secretary of a military department may
15 lease, for no consideration, land, facilities, infrastructure,
16 and improvements to a covered FFRDC if the lease is to
17 further the purposes of a contract between the Depart-
18 ment of Defense and the covered FFRDC.
19 ‘‘(2) A lease entered into under paragraph (1) shall
20 terminate on the earlier of the following dates:
21 ‘‘(A) The date that is 50 years after the date
22 on which the Secretary enters into the lease.
23 ‘‘(B) The date of the termination or non-re-
24 newal of the contract between the Department of
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1521
1 Defense and the covered FFRDC related to the
2 lease.
3 ‘‘(b) CONVEYANCE OF FACILITIES AND IMPROVE-
4 MENTS.—(1) The Secretary of a military department may
5 convey, for no consideration, ownership of facilities and
6 improvements located on land leased to a covered FFRDC
7 to further the purposes of a contract between the Depart-
8 ment of Defense and the covered FFRDC.
9 ‘‘(2) The ownership of any facilities and improve-
10 ments conveyed by the Secretary of a military department
11 or any improvements made to the leased land by the cov-
12 ered FFRDC under this subsection shall, as determined
13 by the Secretary of a military department, revert or trans-
14 fer to the United States upon the termination or non-re-
15 newal of the underlying land lease.
16 ‘‘(3) Any facilities and improvements conveyed by the
17 Secretary of a military department shall be demolished by
18 the covered FFDRC as determined by such Secretary.
19 ‘‘(c) CONSTRUCTION STANDARDS.—A lease entered
20 into under this section may provide that any facilities con-
21 structed on the leased land may be constructed using com-
22 mercial standards in a manner that provides force protec-
23 tion safeguards appropriate to the activities conducted in,
24 and the location of, such facilities.
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1 ‘‘(d) INAPPLICABILITY OF CERTAIN PROPERTY MAN-
2 AGEMENT LAWS.—(1) The conveyance or lease of property
3 or facilities, improvements, and infrastructure under this
4 section shall not be subject to the following provisions of
5 law:
6 ‘‘(A) Section 2667 of this title.
7 ‘‘(B) Section 1302 of title 40.
8 ‘‘(C) Section 501 of the McKinney-Vento
9 Homeless Assistance Act (42 U.S.C. 11411).
10 ‘‘(2) Sections 2662 and 2802 of this title shall not
11 apply to any improvements or facilities constructed by the
12 covered FFRDC on land leased or conveyed to a covered
13 FFRDC described in subsection (a) or (b).
14 ‘‘(e) COMPETITIVE PROCEDURES FOR SELECTION OF
15 CERTAIN LESSEES; EXCEPTION.—If a proposed lease

16 under this section is with respect to a covered FFRDC,
17 the use of competitive procedures for the selection of the
18 lessee is not required and the provisions of chapter 33 of
19 title 41, United States Code, or chapter 221 of title 10,
20 United States Code, and the related provisions of the Fed-
21 eral Acquisition Regulation shall not apply.
22 ‘‘(f) COVERED FFRDC DEFINED.—In this section,
23 the term ‘covered FFRDC’ means a federally funded re-
24 search and development center that is sponsored by, and
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1523
1 has entered into a contract with, the Department of De-
2 fense.’’.
4 for chapter 159 of title 10, United States Code, is amend-
5 ed by inserting after the item relating to section 2668a
6 and inserting the following new item:
‘‘2669. Transfer of land and facilities to support contracts with federally funded
research and development centers.’’.
7 SEC. 2832. LIMITATION ON USE OF FUNDS PENDING COM-
8 PLETION OF MILITARY INSTALLATION RESIL-
9 IENCE COMPONENT OF MASTER PLANS FOR
10 AT-RISK MAJOR MILITARY INSTALLATIONS.

13 the Office of the Secretary of Defense for administration
14 and service-wide activities, not more than 50 percent may
15 be obligated or expended until the date on which each Sec-
16 retary of a military department has satisfied the require-
17 ments of section 2833 of the National Defense Authoriza-
19 U.S.C. 2864 note).
20 SEC. 2833. PHYSICAL ENTRANCES TO CERTAIN MILITARY
21 INSTALLATIONS.
22 The Secretary of Defense shall ensure that, to the

23 extent practicable that—
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1524
1 (1) each military installation in the United
2 States has a designated main entrance that, at all
3 times, is manned by at least one member of the
4 Armed Forces or civilian employee of the Depart-
5 ment of Defense;
6 (2) the location of each such designated main
7 entrance is published on a publicly accessible inter-
8 net website of the Department;
9 (3) in the case of a military installation in the
10 United States that has any additional entrance des-
11 ignated for commercial deliveries to the military in-
12 stallation, the location of such entrance (and any ap-
13 plicable days or hours of operation for such en-
14 trance) is published on the same internet website as
15 the website referred to in paragraph (2); and
16 (4) the information required to be published on
17 the internet website under paragraph (2) is reviewed
18 and, as necessary, updated on a basis that is not
19 less frequent than annually.
20 Subtitle D—Land Conveyances
21 SEC. 2841. EXTENSION OF TIME FRAME FOR LAND CONVEY-
22 ANCE, SHARPE ARMY DEPOT, LATHROP, CALI-
23 FORNIA.
24 Section 2833(g) of the William M. (Mac) Thornberry

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December 6, 2022 (7:20 p.m.)
1525
1 (Public Law 116–283) is amended by striking ‘‘one year’’
2 and inserting ‘‘three years’’.
3 SEC. 2842. LAND CONVEYANCE, JOINT BASE CHARLESTON,
4 SOUTH CAROLINA.
5 (a) CONVEYANCE AUTHORIZED.—The Secretary of

6 the Air Force (in this section referred to as the ‘‘Sec-
7 retary’’) may convey to the City of North Charleston,
8 South Carolina (in this section referred to as the ‘‘City’’)
9 all right, title, and interest of the United States in and
10 to a parcel of real property, including any improvements
11 thereon, consisting of approximately 26 acres known as
12 the Old Navy Yard at Joint Base Charleston, South Caro-
13 lina, for the purpose of permitting the City to use the
14 property for economic development.
15 (b) CONSIDERATION.—
16 (1) IN GENERAL.—As consideration for the con-
17 veyance under subsection (a), the City shall pay to
18 the Secretary an amount equal to not less than the
19 fair market value, as determined by the Secretary,
20 based on an appraisal of the property to be conveyed
21 under such subsection, which may consist of cash
22 payment, in-kind consideration as described under
23 paragraph (3), or a combination thereof.
24 (2) SUFFICIENCY OF CONSIDERATION.—
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1 (A) IN GENERAL.—Consideration paid to
2 the Secretary under paragraph (1) shall be in
3 an amount sufficient, as determined by the Sec-
4 retary, to provide replacement space for, and
5 for the relocation of, any personnel, furniture,
6 fixtures, equipment, and personal property of
7 any kind belonging to any military department
8 located upon the property to be conveyed under
9 subsection (a).
10 (B) COMPLETION PRIOR TO CONVEY-
11 ANCE.—Any cash consideration shall be paid in

12 full and any in-kind consideration shall be com-
13 plete, useable, and delivered to the satisfaction
14 of the Secretary at or prior to the conveyance
16 (3) IN-KIND CONSIDERATION.—In-kind consid-
17 eration provided by the City under paragraph (1)
18 may include the acquisition, construction, provision,
19 improvement, maintenance, repair, or restoration
20 (including environmental restoration), or combina-
21 tion thereof, of any facilities or infrastructure with
22 proximity to Joint Base Charleston Weapons Station
23 (South Annex) and located on Joint Base Charles-
24 ton, that the Secretary considers acceptable.
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1527
1 (4) TREATMENT OF CASH CONSIDERATION RE-
2 CEIVED.—Any cash consideration received by the

3 Secretary under paragraph (1) shall be deposited in
4 the special account in the Treasury under subpara-
5 graph (A) of section 572(b)(5) of title 40, United
6 States Code, and shall be available in accordance
7 with subparagraph (B)(ii) of such section.
8 (c) PAYMENT OF COSTS OF CONVEYANCE.—
9 (1) PAYMENT REQUIRED.—
10 (A) IN GENERAL.—The Secretary may re-

11 quire the City to cover all costs to be incurred
12 by the Secretary, or to reimburse the Secretary
13 for costs incurred by the Secretary, to carry out
14 the conveyance under subsection (a), including
15 survey costs, appraisal costs, costs related to
16 environmental documentation, and any other
17 administrative costs related to the conveyance.
18 (B) REFUND OF AMOUNTS.—If amounts
19 paid by the City to the Secretary in advance ex-
20 ceed the costs actually incurred by the Sec-
21 retary to carry out the conveyance under sub-
22 section (a), the Secretary shall refund the ex-
23 cess amount to the City.
24 (2) TREATMENT OF AMOUNTS RECEIVED.—
25 Amounts received under paragraph (1) as reim-
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1528
1 bursement for costs incurred by the Secretary to
2 carry out the conveyance under subsection (a) shall
3 be credited to the fund or account that was used to
4 cover the costs incurred by the Secretary in carrying
5 out the conveyance or to an appropriate fund or ac-
6 count currently available to the Secretary for the
7 purposes for which the costs were paid. Amounts so
8 credited shall be merged with amounts in such fund
9 or account and shall be available for the same pur-
10 poses, and to the same conditions and limitations, as
11 amounts in such fund or account.
12 (d) DESCRIPTION OF PROPERTY.—The exact acreage
13 and legal description of the property to be conveyed under
14 subsection (a) shall be determined by a survey satisfactory
15 to the Secretary.
16 (e) CONDITION OF CONVEYANCE.—The conveyance
17 under subsection (a) shall be subject to all valid existing
18 rights and the City shall accept the property (and any im-
19 provements thereon) in its condition at the time of the
20 conveyance (commonly known as a conveyance ‘‘as is’’).
21 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
22 retary may require such additional terms and conditions
23 in connection with the conveyance under subsection (a) as
24 the Secretary considers appropriate to protect the inter-
25 ests of the United States.
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1 (g) OLD NAVY YARD DEFINED.—In this section, the
2 term ‘‘Old Navy Yard’’ includes the facilities used by the
3 Naval Information Warfare Center Atlantic, including
4 buildings 1602, 1603, 1639, 1648, and such other facili-
5 ties, infrastructure, and land along or near the Cooper
6 River waterfront at Joint Base Charleston as the Sec-
7 retary considers appropriate.
8 SEC. 2843. LAND CONVEYANCE, NAVAL AIR STATION
9 OCEANA, DAM NECK ANNEX, VIRGINIA
10 BEACH, VIRGINIA.

12 the Navy may convey to the Hampton Roads Sanitation
13 District (in this section referred to as the ‘‘HRSD’’) all
14 right, title, and interest of the United States in and to
15 a parcel of installation real property, including any im-
16 provements thereon, consisting of approximately 7.9 acres
17 located at Naval Air Station Oceana in Dam Neck Annex,
18 Virginia Beach, Virginia. The Secretary may void any land
19 use restrictions associated with the property to be con-
20 veyed under this subsection.
22 (1) AMOUNT AND DETERMINATION.—As consid-
23 eration for the conveyance under subsection (a), the
24 HRSD shall pay to the Secretary of the Navy an
25 amount that is not less than the fair market value
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1530
1 of the property conveyed, as determined by the Sec-
2 retary. Such determination of fair market value shall
3 be final. In lieu of all or a portion of cash payment
4 of consideration, the Secretary may accept in-kind
5 consideration.
6 (2) TREATMENT OF CASH CONSIDERATION.—
7 The Secretary of the Navy shall deposit any cash

8 payment received under paragraph (1) in the special
9 account in the Treasury established for the Sec-
10 retary of the Navy under of paragraph (1) of section
11 2667(e) of title 10, United States Code. The entire
12 amount deposited shall be available for use in ac-
13 cordance with subparagraph (D) of such paragraph.
15 (1) PAYMENT REQUIRED.—The Secretary of
16 the Navy shall require the HRSD to cover costs to
17 be incurred by the Secretary, or to reimburse the
18 Secretary for costs incurred by the Secretary, to
19 carry out the conveyance under subsection (a), in-
20 cluding survey costs, costs related to environmental
21 documentation, and any other administrative costs
22 related to the conveyance. If amounts are collected
23 in advance of the Secretary incurring the actual
24 costs, and the amount collected exceeds the costs ac-
25 tually incurred by the Secretary to carry out the
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1531
1 conveyance, the Secretary shall refund the excess
2 amount to the HRSD.
4 Amounts received as reimbursement under para-

5 graph (1) shall be credited to the fund or account
6 that was used to cover those costs incurred by the
7 Secretary in carrying out the conveyance. Amounts
8 so credited shall be merged with amounts in such
9 fund or account and shall be available for the same
10 purposes, and subject to the same conditions and
11 limitations, as amounts in such fund or account.
13 and legal description of the parcel of real property to be
14 conveyed under subsection (a) shall be determined by a
15 survey satisfactory to the Secretary of the Navy.
16 (e) ADDITIONAL TERMS AND CONDITIONS.—The
17 Secretary of the Navy may require such additional terms
18 and conditions in connection with the conveyance under
19 subsection (a) as the Secretary considers appropriate to
20 protect the interests of the United States.
21 SEC. 2844. LAND EXCHANGE, MARINE RESERVE TRAINING
22 CENTER, OMAHA, NEBRASKA.
23 (a) LAND EXCHANGE AUTHORIZED.—The Secretary

24 of the Navy may convey to the Metropolitan Community
25 College Area, a political subdivision of the State of Ne-
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1532
1 braska (in this section referred to as the ‘‘College’’), all
2 right, title, and interest of the United States in and to
3 a parcel of real property, including improvements thereon,
4 known as the Marine Reserve Training Center in Omaha,
5 Nebraska.
6 (b) CONSIDERATION.—As consideration for the con-
7 veyance under subsection (a), the College shall convey to
8 the Secretary of the Navy real property interests, either
9 adjacent or proximate, to Offutt Air Force Base, Ne-
10 braska.
11 (c) LAND EXCHANGE AGREEMENT.—The Secretary
12 of the Navy and the College may enter into a land ex-
13 change agreement to implement this section.
14 (d) VALUATION.—The value of each property interest
15 to be exchanged by the Secretary of the Navy and the Col-
16 lege described in subsections (a) and (b) shall be deter-
17 mined—
18 (1) by an independent appraiser selected by the
19 Secretary; and
20 (2) in accordance with the Uniform Appraisal
21 Standards for Federal Land Acquisitions and the
22 Uniform Standards of Professional Appraisal Prac-
23 tice.
24 (e) CASH EQUALIZATION PAYMENTS.—
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1 (1) TO THE SECRETARY.—If the value of the
2 property interests described in subsection (a) is
3 greater than the value of the property interests de-
4 scribed in subsection (b), the values shall be equal-
5 ized through either of the following or a combination
6 thereof:
7 (A) A cash equalization payment from the
8 College to the Department of the Navy.
9 (B) In-kind consideration provided by the
10 College, which may include the acquisition, con-
11 struction, provision, improvement, maintenance,
12 repair, or restoration (including environmental
13 restoration), or combination thereof, of any fa-
14 cilities or infrastructure, or delivery of services
15 relating to the needs of Marine Corps Reserve
16 Training Center Omaha.
17 (2) NO EQUALIZATION.—If the value of the
18 property interests described in subsection (b) is
19 greater than the value of the property interests de-
20 scribed in subsection (a), the Secretary may not
21 make a cash equalization payment to equalize the
22 values.
23 (f) PAYMENT OF COSTS OF CONVEYANCE.—
24 (1) PAYMENT REQUIRED.—The Secretary of
25 the Navy shall require the College to pay all costs
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1534
1 to be incurred by the Secretary to carry out the ex-
2 change of property interests under this section, in-
3 cluding such costs related to land survey, environ-
4 mental documentation, real estate due diligence such
5 as appraisals, and any other administrative costs re-
6 lated to the exchange of property interests, including
7 costs incurred preparing and executing a land ex-
8 change agreement authorized under subsection (c).
9 If amounts are collected from the College in advance
10 of the Secretary incurring the actual costs and the
11 amount collected exceeds the costs actually incurred
12 by the Secretary to carry out the exchange of prop-
13 erty interests, the Secretary shall refund the excess
14 amount to the College.
16 Amounts received by the Secretary of the Navy

17 under paragraph (1) shall be used in accordance
18 with section 2695(c) of title 10, United States Code.
19 (g) DESCRIPTION OF PROPERTY.—The exact acreage
20 and legal description of the property interests to be ex-
21 changed under this section shall be determined by surveys
22 that are satisfactory to the Secretary of the Navy.
23 (h) CONVEYANCE AGREEMENT.—The exchange of
24 real property interests under this section shall be accom-
25 plished using an appropriate legal instrument and upon
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1535
1 terms and conditions mutually satisfactory to the Sec-
2 retary of the Navy and the College, including such addi-
3 tional terms and conditions as the Secretary considers ap-
4 propriate to protect the interests of the United States.
5 (i) EXEMPTION FROM SCREENING REQUIREMENTS
6 FOR ADDITIONAL FEDERAL USE.—The authority under
7 this section is exempt from the screening process required
8 under section 2696(b) of title 10, United States Code.
9 SEC. 2845. LAND CONVEYANCE, STARKVILLE, MISSISSIPPI.

11 the Army (in this section referred to as the ‘‘Secretary’’)
12 may convey to the City of Starkville, Mississippi (in this
13 section referred to as the ‘‘City’’), all right, title, and in-
14 terest of the United States in and to a parcel of real prop-
15 erty, including improvements thereon, consisting of ap-
16 proximately five acres, located at 343 Highway 12,
17 Starkville, Mississippi 39759, to be used for economic de-
18 velopment purposes.
20 (1) IN GENERAL.—As consideration for the con-
21 veyance of property under subsection (a), the City
22 shall pay to the United States an amount equal to
23 the fair market value of the property to be conveyed.
24 The Secretary shall determine the fair market value
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1536
1 of the property using an independent appraisal
2 based on the highest and best use of the property.
3 (2) DETERMINATION OF FAIR MARKET
4 VALUE.—The Secretary shall determine the fair

5 market value of the property to be conveyed under
6 subsection (a) using an independent appraisal based
7 on the highest and best use of the property.
8 (3) TREATMENT OF CONSIDERATION RE-
9 CEIVED.—Consideration received under paragraph

10 (1) shall be deposited in the special account in the
11 Treasury established under subsection (b) of section
12 572 of title 40, United States Code, and shall be
13 available in accordance with paragraph (5)(B) of
14 such subsection.
16 (1) PAYMENT.—
17 (A) IN GENERAL.—The Secretary may re-
18 quire the City to cover all costs (except costs
19 for environmental remediation of the property
20 under the Comprehensive Environmental Re-
21 sponse, Compensation and Liability Act 1980
22 (42 U.S.C. 9601 et seq.)) to be incurred by the
23 Secretary, or to reimburse the Secretary for
24 costs incurred by the Secretary, to carry out the
25 conveyance under subsection (a), including sur-
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1537
1 vey costs, costs for environmental documenta-
2 tion, and any other administrative costs related
3 to the conveyance.
4 (B) REFUND.—If amounts are collected
5 from the City under subparagraph (A) in ad-
6 vance of the Secretary incurring the actual
7 costs, and the amount collected exceeds the
8 costs actually incurred by the Secretary to carry
9 out the conveyance under subsection (a), the
10 Secretary shall refund the excess amount to the
11 City.
13 Amounts received under paragraph (1) as reim-

14 bursement for costs incurred by the Secretary to
15 carry out the conveyance under subsection (a) shall
16 be credited to the fund or account that was used to
17 cover the costs incurred by the Secretary in carrying
18 out the conveyance, or to an appropriate fund or ac-
19 count currently available to the Secretary for the
20 purposes for which the costs were paid. Amounts so
21 credited shall be merged with amounts in such fund
22 or account and shall be available for the same pur-
23 poses, and subject to the same conditions and limita-
24 tions, as amounts in such fund or account.
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2 and legal description of the property to be conveyed under
3 subsection (a) shall be determined by a survey satisfactory
4 to the Secretary.
5 (e) ADDITIONAL TERMS AND CONDITIONS.—The
6 Secretary may require such additional terms and condi-
7 tions in connection with the conveyance under subsection
8 (a) as the Secretary considers appropriate to protect the
9 interests of the United States.
10 Subtitle E—Miscellaneous Studies
11 and Reports
12 SEC. 2851. STUDY ON PRACTICES WITH RESPECT TO DE-
13 VELOPMENT OF MILITARY CONSTRUCTION
14 PROJECTS.
15 (a) STUDY REQUIRED.—Not later than 90 days after

17 Defense shall seek to enter into an agreement with a fed-
18 erally funded research and development center for the con-
19 duct of a study on the practices of the Department of De-
20 fense with respect to the development of military construc-
21 tion projects.
22 (b) ELEMENTS.—An agreement under subsection (a)
23 shall specify that the study conducted pursuant to the
24 agreement shall address each of the following:
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1 (1) Practices with respect to adoption of Uni-
2 fied Facilities Criteria changes and the inclusion of
3 such changes into advanced planning, Department of
4 Defense Form 1391 documentation, and planning
5 and design.
6 (2) Practices with respect to how sustainable
7 materials, such as mass timber and low carbon con-
8 crete, are assessed and included in advanced plan-
9 ning, Department of Defense Form 1391 docu-
10 mentation, and planning and design.
11 (3) Barriers to incorporating innovative tech-
12 niques, including 3D printed building techniques.
13 (4) Whether the Strategic Environmental Re-
14 search and Development Program (established under
15 section 2901 of title 10, United States Code) or the
16 Environmental Security Technology Certification
17 Program could be used to validate such sustainable
18 materials and innovative techniques to encourage the
19 use of such sustainable materials and innovative
20 techniques by the Army Corps of Engineers and the
21 Naval Facilities Engineering Systems Command.
22 (c) REPORT TO CONGRESS.—Not later than 60 days
23 after the completion of the study described in this section,
25 defense committees a report on the results of the study.
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1 SEC. 2852. REPORT ON CAPACITY OF DEPARTMENT OF DE-
2 FENSE TO PROVIDE SURVIVORS OF NATURAL
3 DISASTERS WITH EMERGENCY SHORT-TERM
4 HOUSING.
6 ment of this Act, the Secretary of Defense shall submit
7 to the congressional defense committees a report analyzing
8 the capacity of the Department of Defense to provide sur-
9 vivors of natural disasters with emergency short-term
10 housing.
11 SEC. 2853. REPORTING ON LEAD SERVICE LINES AND LEAD
12 PLUMBING.
13 (a) INITIAL REPORT.—Not later than January 1,

14 2025, the Under Secretary of Defense for Acquisition and
15 Sustainment shall submit to the congressional defense
16 committees a report that includes—
17 (1) a list of military installations (including
18 Government-owned family housing facilities), mili-
19 tary housing, and privatized military housing
20 projects that, as of the date of the report, are being
21 serviced by lead service lines or lead plumbing for
22 the purposes of receiving drinking water;
23 (2) an evaluation of whether military installa-
24 tions and privatized military housing projects are in
25 compliance with the Lead and Copper Rule and, to
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1541
1 the extent that such installations and projects are
2 not in compliance, an identification of—
3 (A) the name and location of each such in-
4 stallation or project that is not in compliance;
5 and
6 (B) the timeline and plan for bringing each
7 such installation or project into compliance; and
8 (3) an identification of steps and resources
9 needed to remove any remaining lead plumbing from
10 military installations and housing.
11 (b) INCLUSION OF INFORMATION IN ANNUAL RE-
12 PORT.—If, after reviewing the initial report required
13 under subsection (a), the Secretary of Defense finds that
14 any military installation or privatized family housing
15 project is not in compliance with the Lead and Copper
16 Rule, the Secretary shall include in the annual report on
17 defense environmental programs required under section
18 2711 of title 10, United States Code, for each year after
19 the year in which the initial report is submitted, an update
20 on the efforts of the Secretary, including negotiations with
21 privatized military family housing providers, to fully com-
22 ply with the Lead and Copper Rule.
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1 SEC. 2854. BRIEFING ON ATTEMPTS TO ACQUIRE LAND
2 NEAR UNITED STATES MILITARY INSTALLA-
3 TIONS BY THE PEOPLE’S REPUBLIC OF
4 CHINA.
5 The Under Secretary of Defense for Acquisition and

6 Sustainment, in consultation with the head of the Depart-
7 ment of the Air Force Office of Special Investigations,
8 shall provide a briefing to the Committees on Armed Serv-
9 ices of the Senate and the House of Representatives not
10 later than June 1, 2023, that details—
11 (1) attempts by the People’s Republic of China
12 to acquire land that is located in close proximity (as
13 determined by the Secretary of Defense) to a United
14 States military installation; and
15 (2) ongoing Department of Defense efforts to
16 counter such attempts.
17 Subtitle F—Other Matters
18 SEC. 2861. REQUIRED CONSULTATION WITH STATE AND
19 LOCAL ENTITIES FOR NOTIFICATIONS RE-
20 LATED TO THE BASING DECISION-MAKING
21 PROCESS.
22 Section 483(c) of title 10, United States Code, is

23 amended by adding at the end a new paragraph:
24 ‘‘(6) With respect to any decision of the Sec-
25 retary concerned that would result in a significant
26 increase in the number of members of the Armed
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1543
1 Forces assigned to a military installation, a descrip-
2 tion of the consultation with appropriate State and
3 local entities regarding the basing decision to ensure
4 consideration of matters affecting the local commu-
5 nity, including requirements for transportation, util-
6 ity infrastructure, housing, education, and family
7 support activities.’’.
8 SEC. 2862. INCLUSION IN DEFENSE COMMUNITY INFRA-
9 STRUCTURE PILOT PROGRAM OF CERTAIN
10 PROJECTS FOR ROTC TRAINING.
11 Section 2391 of title 10, United States Code, is fur-

12 ther amended—
13 (1) in subsection (d)(1)(B)—
14 (A) by redesignating clauses (ii) and (iii)
15 as clauses (iii) and (iv), respectively; and
16 (B) by inserting after clause (i) the fol-
17 lowing new clause (ii):
18 ‘‘(ii) Projects that will contribute to the train-
19 ing of cadets enrolled in an independent Reserve Of-
20 ficer Training Corps program at a covered edu-
21 cational institution.’’; and
24 ‘‘(6) The term ‘covered educational institution’
25 means a college or university that is—
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1544
1 ‘‘(A) a part B institution, as defined in
2 section 322 of the Higher Education Act of
3 1965 (20 U.S.C. 1061);
4 ‘‘(B) an 1890 Institution, as defined in
5 section 2 of the Agricultural Research, Exten-
6 sion, and Education Reform Act of 1998 (7
7 U.S.C. 7601);
8 ‘‘(C) not affiliated with a consortium; and
9 ‘‘(D) located at least 40 miles from a
10 major military installation.’’.
11 SEC. 2863. INCLUSION OF INFRASTRUCTURE IMPROVE-
12 MENTS IDENTIFIED IN THE REPORT ON
13 STRATEGIC SEAPORTS IN DEFENSE COMMU-
14 NITY INFRASTRUCTURE PILOT PROGRAM.
15 Section 2391(d) of title 10, United States Code, as

16 amended by this Act, is further amended—
18 paragraphs (4) and (5), respectively; and
21 ‘‘(3) In selecting community infrastructure projects
22 to receive assistance under this subsection, the Secretary
23 shall consider infrastructure improvements identified in
24 the report on strategic seaports required by section 3515
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December 6, 2022 (7:20 p.m.)
1545
2 2020 (Public Law 116–92; 133 Stat. 1985).’’.
3 SEC. 2864. INCLUSION OF CERTAIN PROPERTY FOR PUR-
4 POSES OF DEFENSE COMMUNITY INFRA-
5 STRUCTURE PILOT PROGRAM.
6 Section 2391(e)(4)(A)(i) of title 10, United States

7 Code, as amended by this Act, is further amended by in-
8 serting ‘‘or on property under the jurisdiction of a Sec-
9 retary of a military department that is subject to a real
10 estate agreement (including a lease or easement)’’ after
11 ‘‘installation’’.
12 SEC. 2865. EXPANSION OF PILOT PROGRAM ON INCREASED
13 USE OF SUSTAINABLE BUILDING MATERIALS
14 IN MILITARY CONSTRUCTION TO INCLUDE
15 LOCATIONS THROUGHOUT THE UNITED
16 STATES.
17 Section 2861(b)(2) of the National Defense Author-

19 U.S.C. 2802 note) is amended in the matter preceding
20 subparagraph (A) by striking ‘‘continental’’.
21 SEC. 2866. BASING DECISION SCORECARD CONSISTENCY
22 AND TRANSPARENCY.
23 Section 2883(h) of the Military Construction Author-

25 10 U.S.C. 1781b note) is amended—
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1546
1 (1) by amending paragraph (3) to read as fol-
2 lows:
3 ‘‘(3) AVAILABILITY.—
4 ‘‘(A) IN GENERAL.—A current version of
5 each scorecard established under this subsection
6 shall be available to the public through an
7 Internet website of the military department
8 concerned.
9 ‘‘(B) METHODOLOGY AND CRITERIA.—
10 ‘‘(i) AVAILABILITY.—Each Secretary

11 of a military department shall publish on
12 the website described in subparagraph (A)
13 the methodology and criteria each time
14 such Secretary establishes or updates a
15 scorecard.
16 ‘‘(ii) PUBLIC COMMENT.—Each Sec-
17 retary of a military department shall estab-
18 lish a 60-day public comment period begin-
19 ning on each date of publication of such
20 methodology and criteria.’’; and
22 paragraph:
23 ‘‘(4) COORDINATION.—In establishing or updat-
24 ing a scorecard under this subsection, each Sec-
25 retary of the military department concerned shall co-
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1547
1 ordinate with the Secretary of Defense to ensure
2 consistency across the military departments.’’.
3 SEC. 2867. TEMPORARY AUTHORITY FOR ACCEPTANCE AND
4 USE OF FUNDS FOR CERTAIN CONSTRUCTION
5 PROJECTS IN THE REPUBLIC OF KOREA.

12 graph (A), by striking ‘‘cash’’; and
13 (ii) in subparagraph (B), by inserting
14 ‘‘and construction’’ after ‘‘The design’’;
15 and
17 paragraph:
18 ‘‘(3) METHOD OF CONTRIBUTION.—Contribu-
19 tions may be accepted under this subsection in any

20 of the forms referred to in section 2350k(c) of title
21 10, United States Code.’’; and
22 (2) in subsection (b), by striking ‘‘Contribu-
23 tions’’ and inserting ‘‘Cash contributions’’.
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1 SEC. 2868. REPEAL OF REQUIREMENT FOR INTERAGENCY
2 COORDINATION GROUP OF INSPECTORS GEN-
3 ERAL FOR GUAM REALIGNMENT.
4 Section 2835 of the Military Construction Authoriza-

6 111–84; 10 U.S.C. 2687 note) is repealed.
7 SEC. 2869. LEASE OR USE AGREEMENT FOR CATEGORY 3
8 SUBTERRANEAN TRAINING FACILITY.
9 (a) IN GENERAL.—The Secretary of Defense may

10 seek to enter into a lease or use agreement with a category
11 3 subterranean training facility that—
12 (1) is located in close proximity (as determined
13 by the Secretary of Defense) to the home station of
14 an air assault unit or a special operations force; and
15 (2) has the capacity to—
16 (A) provide brigade or large full-mission
17 profile training;
18 (B) rapidly replicate full-scale underground
19 venues;
20 (C) support helicopter landing zones; and
21 (D) support underground live fire.
22 (b) USE OF FACILITY.—A lease or use agreement en-
23 tered into pursuant to subsection (a) shall provide that
24 the category 3 subterranean training facility shall be made
25 available for—
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1 (1) hosting of training and testing exercises
2 for—
3 (A) members of the Armed Forces, includ-
4 ing members a special operations force;
5 (B) personnel of combat support agencies,
6 including the Defense Threat Reduction Agen-
7 cy; and
8 (C) such other personnel as the Secretary
9 of Defense determines appropriate; and
10 (2) such other purposes as the Secretary of De-
12 (c) DURATION.—The duration of any lease or use
13 agreement entered into pursuant to subsection (a) shall
14 be for a period of not less than 5 years.
15 (d) CATEGORY 3 SUBTERRANEAN TRAINING FACIL-
16 ITY DEFINED.—In this section, the term ‘‘category 3 sub-
17 terranean training facility’’ means an underground struc-
18 ture designed and built—
19 (1) to be unobserved and to provide maximum
20 protection; and
21 (2) to serve as a command and control, oper-
22 ations, storage, production, and protection facility.
23 (e) CONFORMING REPEAL.—Section 375 of the Na-
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December 6, 2022 (7:20 p.m.)
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1 (Public Law 117–81; 10 U.S.C. 2001 note prec.) is re-
2 pealed.
3 SEC. 2870. LIMITATION ON USE OF FUNDS FOR CLOSURE
4 OF COMBAT READINESS TRAINING CENTERS.
5 (a) LIMITATION.—None of the funds authorized to

7 for fiscal year 2023 for the Air Force may be obligated
8 or expended to close, or prepare to close, any combat read-
9 iness training center.
10 (b) WAIVER.—The Secretary of the Air Force may
11 waive the limitation under subsection (a) with respect to
12 a combat readiness training center if the Secretary sub-
13 mits to the congressional defense committees the fol-
14 lowing:
15 (1) A certification that—
16 (A) the closure of the center would not be
17 in violation of section 2687 of title 10, United
18 States Code; and
19 (B) the support capabilities provided by
20 the center will not be diminished as a result of
21 the closure of the center.
22 (2) A report that includes—
23 (A) a detailed business case analysis for
24 the closure of the center; and
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1551
1 (B) an assessment of the effects the clo-
2 sure of the center would have on training units
3 of the Armed Forces, including any active duty
4 units that may use the center.
5 SEC. 2871. REQUIRED INVESTMENTS IN IMPROVING CHILD
6 DEVELOPMENT CENTERS.
7 (a) INVESTMENTS IN CHILD DEVELOPMENT CEN-

8 TERS.—Of the total amount authorized to be appropriated
9 for fiscal year 2023 for the Department of Defense for
10 Facilities Sustainment, Restoration, and Modernization
11 activities of a military department, the Secretary of that
12 military department shall reserve an amount greater than
13 or equal to one percent of the estimated replacement cost
14 for fiscal year 2023 of the total inventory of child develop-
15 ment centers under the jurisdiction of that Secretary for
16 the purpose of carrying out projects for the improvement
17 of child development centers.
18 (b) CHILD DEVELOPMENT CENTER DEFINED.—In
19 this section, the term ‘‘child development center’’ has
20 meaning given the term ‘‘military child development cen-
21 ter’’ in section 1800(1) of title 10, United States Code.
22 SEC. 2872. INTERAGENCY REGIONAL COORDINATOR FOR
23 RESILIENCE PILOT PROJECT.
24 (a) PILOT PROJECT.—The Secretary of Defense shall

25 carry out a pilot program under which the Secretary shall
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1 establish within the Department of Defense four Inter-
2 agency Regional Coordinators. Each Interagency Regional
3 Coordinator shall be responsible for improving the resil-
4 ience of a community that supports a military installation
5 and serving as a model for enhancing community resilience
6 before disaster strikes.
7 (b) SELECTION.—Each Interagency Regional Coordi-
8 nator shall support military installations and surrounding
9 communities within a geographic area, with at least one
10 such Coordinator serving each of the East, West, and Gulf
11 coasts. For purposes of the project, the Secretary shall
12 select geographic areas—
13 (1) with significant sea level rise and recurrent
14 flooding that prevents members of the Armed Forces
15 from reaching their posts or jeopardizes military
16 readiness; and
17 (2) where communities have collaborated on
18 multi-jurisdictional climate adaptation planning ef-
19 forts, including such collaboration with the Army
20 Corps of Engineers Civil Works Department and
21 through Joint Land Use Studies.
22 (c) COLLABORATION.—In carrying out the pilot
23 project, the Secretary shall build on existing efforts
24 through collaboration with State and local entities, includ-
25 ing emergency management, transportation, planning,
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1553
1 housing, community development, natural resource man-
2 agers, and governing bodies and with the heads of appro-
3 priate Federal departments and agencies.
4 SEC. 2873. ACCESS TO MILITARY INSTALLATIONS FOR
5 HOMELAND SECURITY INVESTIGATIONS PER-
6 SONNEL IN GUAM.
7 The commander of a military installation located in

8 Guam shall grant to an officer or employee of Homeland
9 Security Investigations the same access to such military
10 installation such commander grants to an officer or em-
11 ployee of U.S. Customs and Border Protection or of the
12 Federal Bureau of Investigation.
13 SEC. 2874. PROHIBITION ON JOINT USE OF HOMESTEAD
14 AIR RESERVE BASE WITH CIVIL AVIATION.
15 On or before September 30, 2026, the Secretary of

16 the Air Force may not enter into an agreement that would
17 provide for or permit the joint use of Homestead Air Re-
18 serve Base, Homestead, Florida, by the Air Force and civil
19 aircraft.
20 SEC. 2875. ELECTRICAL CHARGING CAPABILITY CON-
21 STRUCTION REQUIREMENTS RELATING TO
22 PARKING FOR FEDERAL GOVERNMENT
23 MOTOR VEHICLES.
24 (a) IN GENERAL.—If the Secretary concerned devel-

25 ops plans for a project to construct any facility that in-
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1554
1 cludes or will include parking for covered motor vehicles,
2 the Secretary concerned shall include in any Department
3 of Defense Form 1391, or successor form, submitted to
4 Congress for that project—
5 (1) the provision of electric vehicle charging ca-
6 pability at the facility adequate to provide electrical
7 charging, concurrently, for not less than 15 percent
8 of all covered motor vehicles planned to be parked
9 at the facility;
10 (2) the inclusion of the cost of constructing
11 such capability in the overall cost of the project; and
12 (3) an analysis of whether a parking structure
13 or lot will be the primary charging area for covered
14 motor vehicles or if another area, such as public
15 works or the motor pool, will be the primary charg-
16 ing area.
18 (1) The term ‘‘covered motor vehicle’’ means a
19 Federal Government motor vehicle, including a
20 motor vehicle leased by the Federal Government.
21 (2) The term ‘‘Secretary concerned’’ means—
22 (A) the Secretary of a military department
23 with respect to facilities under the jurisdiction
24 of that Secretary; and
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1555
1 (B) the Secretary of Defense with respect
2 to matters concerning the Defense Agencies and
3 facilities of a reserve component owned by a
4 State rather than the United States.
5 TITLE XXIX—FALLON RANGE
6 TRAINING COMPLEX
Subtitle A—Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B—Lander County Economic Development and Conservation
PART I—LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES

Sec. 2922. Conveyances to Lander County, Nevada.
PART II—LANDER COUNTY WILDERNESS AREAS

Sec. 2932. Designation of wilderness areas.
7 Subtitle A—Fallon Range Training

8 Complex
9 SEC. 2901. MILITARY LAND WITHDRAWAL FOR FALLON
10 RANGE TRAINING COMPLEX.
11 The Military Land Withdrawals Act of 2013 (Public

12 Law 113–66; 127 Stat. 1025) is amended by adding at
13 the end the following:
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1 ‘‘Subtitle G—Fallon Range Training
2 Complex, Nevada
3 ‘‘SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC
4 LAND.
5 ‘‘(a) WITHDRAWAL.—
6 ‘‘(1) BOMBING RANGES.—Subject to valid
7 rights in existence on the date of enactment of this
8 subtitle, and except as otherwise provided in this
9 subtitle, the land established as the B–16, B–17, B–
10 19, and B–20 Ranges, as referred to in subsection
11 (b), and all other areas within the boundary of such
12 land as depicted on the map entitled ‘Churchill
13 County Proposed Fallon Range Training Complex
14 Modernization and Lands Bill’ and dated November
15 30, 2022, which may become subject to the oper-
16 ation of the public land laws, are withdrawn from all
17 forms of—
18 ‘‘(A) entry, appropriation, or disposal
19 under the public land laws;
20 ‘‘(B) location, entry, and patent under the
21 mining laws; and
22 ‘‘(C) disposition under all laws relating to
23 mineral and geothermal leasing or mineral ma-
24 terials.
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1 ‘‘(2) DIXIE VALLEY TRAINING AREA.—The land
2 and interests in land within the boundaries estab-
3 lished at the Dixie Valley Training Area, as referred
4 to in subsection (b), are withdrawn from all forms
5 of—
6 ‘‘(A) entry, appropriation, or disposal
7 under the public land laws; and
8 ‘‘(B) location, entry, and patent under the
9 mining laws.
10 ‘‘(b) DESCRIPTION OF LAND.—The public land and
11 interests in land withdrawn and reserved by this section
12 comprise approximately 790,825 acres of land in Churchill
13 County, Lyon County, Mineral County, Pershing County,
14 and Nye County, Nevada, as generally depicted as ‘Pro-
15 posed FRTC Modernization’ and ‘Existing Navy With-
16 drawal Areas’ on the map entitled ‘Churchill County Pro-
17 posed Fallon Range Training Complex Modernization and
18 Lands Bill’, dated November 30, 2022, and filed in ac-
19 cordance with section 2912. The ranges in the Fallon
20 Range Training Complex described in this subsection are
21 identified as B–16, B–17, B–19, B–20, Dixie Valley
22 Training Area and the Shoal Site.
23 ‘‘(c) PURPOSE OF WITHDRAWAL AND RESERVA-
24 TION.—
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1 ‘‘(1) BOMBING RANGES.—The land withdrawn
2 by subsection (a)(1) is reserved for use by the Sec-
3 retary of the Navy for—
4 ‘‘(A) aerial testing and training, bombing,
5 missile firing, electronic warfare, tactical com-
6 bat maneuvering, and air support;
7 ‘‘(B) ground combat tactical maneuvering
8 and firing; and
9 ‘‘(C) other defense-related purposes that
10 are—
11 ‘‘(i) consistent with the purposes spec-
12 ified in the preceding paragraphs; and
13 ‘‘(ii) authorized under section 2914.
14 ‘‘(2) DIXIE VALLEY TRAINING AREA.—The land
15 withdrawn by subsection (a)(2) is reserved for use
16 by the Secretary of the Navy for—
17 ‘‘(A) aerial testing and training, electronic
18 warfare, tactical combat maneuvering, and air
19 support; and
20 ‘‘(B) ground combat tactical maneuvering.
21 ‘‘(d) INAPPLICABILITY OF GENERAL PROVISIONS.—
22 Notwithstanding section 2911(a) and except as otherwise
23 provided in this subtitle, sections 2913 and 2914 shall not
24 apply to the land withdrawn by subsection (a)(2).
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1 ‘‘SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED
2 LAND.
3 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE
4 NAVY.—During the duration of the withdrawal under sec-

5 tion 2981, the Secretary of the Navy shall manage the
6 land withdrawn and reserved comprising the B–16, B–17,
7 B–19, and B–20 Ranges for the purposes described in sec-
8 tion 2981(c)—
9 ‘‘(1) in accordance with—
10 ‘‘(A) an integrated natural resources man-
11 agement plan prepared and implemented under
12 title I of the Sikes Act (16 U.S.C. 670a et
13 seq.);
14 ‘‘(B) a written agreement between the Sec-
15 retary of the Navy and the Governor of Nevada
16 that provides for a minimum of 15 days annu-
17 ally for big game hunting on portions of the B–
18 17 Range consistent with military training re-
19 quirements;
20 ‘‘(C) a programmatic agreement between
21 the Secretary of the Navy and the Nevada
22 State Historic Preservation Officer and other
23 parties, as appropriate, regarding management
24 of historic properties as the properties relate to
25 operation, maintenance, training, and construc-
26 tion at the Fallon Range Training Complex;
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1 ‘‘(D) written agreements between the Sec-
2 retary of the Navy and affected Indian tribes
3 and other stakeholders to accommodate access
4 by Indian tribes and State and local govern-
5 ments to the B–16, B–17, B–19, and B–20
6 Ranges consistent with military training re-
7 quirements and public safety;
8 ‘‘(E) a written agreement entered into by
9 the Secretary of the Navy and affected Indian
10 tribes that provides for regular, guaranteed ac-
11 cess, consisting of a minimum of 4 days per
12 month, for affected Indian tribes; and
13 ‘‘(F) any other applicable law; and
14 ‘‘(2) in a manner that—
15 ‘‘(A) provides that any portion of the land
16 withdrawn by section 2981(a) that is located
17 outside of the Weapons Danger Zone, as deter-
18 mined by the Secretary of the Navy, shall be re-
19 linquished to the Secretary of the Interior and
20 managed under all applicable public land laws;
21 ‘‘(B) ensures that the Secretary of the
22 Navy avoids target placement and training
23 within—
24 ‘‘(i) biologically sensitive areas, as
25 mapped in the Record of Decision for the
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1 Fallon Range Training Complex Mod-
2 ernization Final Environmental Impact
3 Statement dated March 12, 2020; and
4 ‘‘(ii) to the maximum extent prac-
5 ticable, areas that have cultural, religious,
6 and archaeological resources of importance
7 to affected Indian tribes;
8 ‘‘(C) ensures that access is provided for
9 special events, administrative, cultural, edu-
10 cational, wildlife management, and emergency
11 management purposes; and
12 ‘‘(D) provides that within the B–17 Range
13 the placement of air to ground ordnance targets
14 shall be prohibited throughout the entirety of
15 the withdrawal in the areas identified as the
16 ‘Monte Cristo Range Protection Area’ on the
17 map entitled ‘Churchill County Proposed Fallon
18 Range Training Complex Modernization and
19 Lands Bill’ and dated November 30, 2022.
20 ‘‘(b) MANAGEMENT BY THE SECRETARY OF THE IN-
21 TERIOR.—
22 ‘‘(1) IN GENERAL.—During the duration of the

23 withdrawal under section 2981, the Secretary of the
24 Interior shall manage the land withdrawn and re-
25 served comprising the Dixie Valley Training Area
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1 and the Shoal Site for the applicable purposes de-
2 scribed in section 2981(c) in accordance with—
3 ‘‘(A) the Federal Land Policy and Manage-
4 ment Act of 1976 (43 U.S.C. 1701 et seq.);
5 ‘‘(B) the Record of Decision for the Fallon
6 Range Training Complex Modernization Final
7 Environmental Impact Statement dated March
8 12, 2020;
9 ‘‘(C) this subtitle; and
10 ‘‘(D) any other applicable law.
11 ‘‘(2) CONSULTATION WITH SECRETARY OF THE
12 NAVY.—Prior to authorizing any use of the land

13 comprising the Dixie Valley Training Area or Shoal
14 Site withdrawn and reserved by section 2981, the
15 Secretary of the Interior shall consult with the Sec-
16 retary of the Navy. Such consultation shall in-
17 clude—
18 ‘‘(A) informing the Secretary of the Navy
19 of the pending authorization request so that the
20 Secretary of the Navy and the Secretary of the
21 Interior may work together to preserve the
22 training environment; and
23 ‘‘(B) prior to authorizing any installation
24 or use of mobile or stationary equipment used
25 to transmit and receive radio signals, obtaining
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1 permission from the Secretary of the Navy to
2 authorize the use of such equipment.
3 ‘‘(3) AGREEMENT.—The Secretary of the Navy
4 and the Secretary of the Interior shall enter into an
5 agreement describing the roles and responsibilities of
6 each Secretary with respect to the management and
7 use of the Dixie Valley Training Area and Shoal Site
8 to ensure no closure of an existing county road and
9 no restrictions or curtailment on public access for
10 the duration of the withdrawal while preserving the
11 training environment and in accordance with this
12 subsection.
13 ‘‘(4) ACCESS.—The land comprising the Dixie
14 Valley Training Area withdrawn and reserved by
15 section 2981(a)(2) shall remain open for public ac-
16 cess for the duration of the withdrawal.
17 ‘‘(5) AUTHORIZED USES.—Subject to applicable
18 laws and policy, the following uses are permitted in
19 the Dixie Valley Training Area for the duration of
20 the withdrawal:
21 ‘‘(A) Livestock grazing.
22 ‘‘(B) Geothermal exploration and develop-
23 ment west of State Route 121, as managed by
24 the Bureau of Land Management in coordina-
25 tion with the Secretary of the Navy.
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1 ‘‘(C) Exploration and development of sal-
2 able minerals or other fluid or leasable min-
3 erals, as managed by the Bureau of Land Man-
4 agement in coordination with the Secretary of
5 the Navy.
6 ‘‘(6) INFRASTRUCTURE.—The Secretary of the
7 Navy and the Secretary of the Interior shall allow
8 water and utility infrastructure within the Dixie Val-
9 ley Training Area withdrawn by section 2981(a)(2)
10 as described in sections 2995(a)(4) and 2996.
11 ‘‘(c) LIMITATION ON USE OF LAND PRIOR TO COM-
12 PLETION OF COMMITMENTS.—
13 ‘‘(1) IN GENERAL.—The Secretary of the Navy
14 shall not make operational use of the expanded area
15 of the B–16, B–17, or B–20 Ranges, as depicted on
16 the map entitled ‘Churchill County Proposed Fallon
17 Range Training Complex Modernization and Lands
18 Bill’ and dated November 30, 2022, that were not
19 subject to previous withdrawals comprising the
20 Fallon Range Training Complex which are with-
21 drawn and reserved by section 2981 until the Sec-
22 retary of the Navy and the Secretary of the Interior
23 certify in writing to the Committee on Armed Serv-
24 ices, the Committee on Energy and Natural Re-
25 sources, and the Committee on Indian Affairs of the
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1565
1 Senate and the Committee on Armed Services and
2 the Committee on Natural Resources of the House
3 of Representatives on the completion of the commit-
4 ments pertaining to each range from the Record of
5 Decision for the Fallon Range Training Complex
6 Modernization Final Environmental Impact State-
7 ment dated March 12, 2020, and the provisions of
8 this subtitle. The Secretary of the Navy and the Sec-
9 retary of the Interior may submit certifications for
10 individual ranges to allow operational use of a spe-
11 cific range prior to completion of commitments re-
12 lated to other ranges.
13 ‘‘(2) PUBLIC ACCESS.—Public access to the ex-
14 isting Pole Line Road shall be maintained until com-
15 pletion of construction of an alternate route as speci-
16 fied by section 2991(a)(2)(B).
17 ‘‘(3) PAYMENT.—Not later than 1 year after
18 the date of enactment of this subtitle, subject to the
19 availability of appropriations, from amounts appro-
20 priated to the Secretary of the Navy for operation
21 and maintenance, the Secretary of the Navy shall
22 transfer to Churchill County, Nevada, $20,000,000
23 for deposit in an account designated by Churchill
24 County, Nevada, to resolve the loss of public access
25 and multiple use within Churchill County, Nevada.
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1 ‘‘SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.
2 ‘‘The Secretary of the Navy, in the administration of

3 an Operational Range Clearance program, shall ensure
4 that tracked ordnance (bombs, missiles, and rockets)
5 known to have landed outside a target area in the B–17
6 and B–20 Ranges is removed within 180 days of the event
7 and, to the extent practicable, tracked ordnance known to
8 have landed within the Monte Cristo Range Protection
9 Area described in section 2982(a)(2)(D) shall be removed
10 within 45 days of the event. The Secretary of the Navy
11 shall report to the Fallon Range Training Complex Inter-
12 governmental Executive Committee directed by section
13 3011(a)(5) of the Military Lands Withdrawal Act of 1999
14 (title XXX of Public Law 106–65; 113 Stat. 885; 134
15 Stat. 4349) not less frequently than annually, instances
16 in which ordnance land outside target areas and the status
17 of efforts to clear such ordnance.
18 ‘‘SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.
19 ‘‘(a) B–16 AND B–20 RANGES.—To the extent the

20 withdrawal and reservation made by section 2981 for the
21 B–16 and B–20 Ranges withdraws land currently with-
22 drawn and reserved for use by the Bureau of Reclamation,
23 the reservation made by section 2981 shall be the primary
24 reservation for public safety management actions only,
25 and the existing Bureau of Reclamation reservation shall
26 be the primary reservation for all other management ac-
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1567
1 tions. The Secretary of the Navy shall enter into an agree-
2 ment with the Secretary of the Interior to ensure contin-
3 ued access to the B–16 and B–20 Ranges by the Bureau
4 of Reclamation to conduct management activities con-
5 sistent with the purposes for which the Bureau of Rec-
6 lamation withdrawal was established.
7 ‘‘(b) SHOAL SITE.—The Secretary of Energy shall re-
8 main responsible and liable for the subsurface estate and
9 all activities of the Secretary of Energy at the Shoal Site
10 withdrawn and reserved by Public Land Order Number
11 2771, as amended by Public Land Order Number 2834.
12 ‘‘SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGE-
13 MENT PLAN.
14 ‘‘(a) PREPARATION REQUIRED.—

15 ‘‘(1) PREPARATION; DEADLINE.—Within 2
16 years after the date of enactment of this subtitle,
17 the Secretary of the Navy shall update the current
18 integrated natural resources management plan for
19 the land withdrawn and reserved by section 2981.
20 ‘‘(2) COORDINATION.—The Secretary of the
21 Navy shall prepare the integrated natural resources
22 management plan in coordination with the Secretary
23 of the Interior, the State of Nevada, Churchill Coun-
24 ty, Nevada, other impacted counties in the State of
25 Nevada, and affected Indian tribes.
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1 ‘‘(b) RESOLUTION OF CONFLICTS.—
2 ‘‘(1) IN GENERAL.—Any disagreement among
3 the parties referred to in subsection (a) concerning
4 the contents or implementation of the integrated
5 natural resources management plan prepared under
6 that subsection or an amendment to the manage-
7 ment plan shall be resolved by the Secretary of the
8 Navy, the Secretary of the Interior, and the State of
9 Nevada, acting through—
10 ‘‘(A) the State Director of the Nevada
11 State Office of the Bureau of Land Manage-
12 ment;
13 ‘‘(B) the Commanding Officer of Naval Air
14 Station Fallon, Nevada;
15 ‘‘(C) the State Director of the Nevada De-
16 partment of Wildlife;
17 ‘‘(D) if appropriate, the Regional Director
18 of the Pacific Southwest Region of the United
19 States Fish and Wildlife Service; and
20 ‘‘(E) if appropriate, the Regional Director
21 of the Western Region of the Bureau of Indian
22 Affairs.
23 ‘‘(2) CONSULTATION.—Prior to the resolution
24 of any conflict under paragraph (1), the Secretary of
25 the Navy shall consult with the Intergovernmental
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1569
1 Executive Committee in accordance with section
2 3011(a)(5) of the Military Lands Withdrawal Act of
3 1999 (title XXX of Public Law 106–65; 113 Stat.
4 885; 134 Stat. 4349).
5 ‘‘(c) ELEMENTS OF PLAN.—Subject to subsection
6 (b), the integrated natural resources management plan
7 under subsection (a)—
8 ‘‘(1) shall be prepared and implemented in ac-
9 cordance with the Sikes Act (16 U.S.C. 670 et seq.);
10 ‘‘(2) shall include provisions for—
11 ‘‘(A) proper management and protection of
12 the natural resources of the land; and
13 ‘‘(B) sustainable use by the public of such
14 resources to the extent consistent with the mili-
15 tary purposes for which the land is withdrawn
16 and reserved;
17 ‘‘(3) shall coordinate access with the Nevada
18 Department of Wildlife to manage hunting, fishing,
19 and trapping on the land where compatible with the
20 military mission;
21 ‘‘(4) shall provide for livestock grazing and ag-
22 ricultural out-leasing on the land, if appropriate—
23 ‘‘(A) in accordance with section 2667 of
24 title 10, United States Code; and
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1 ‘‘(B) at the discretion of the Secretary of
2 the Navy;
3 ‘‘(5) shall identify current test and target im-
4 pact areas and related buffer or safety zones on the
5 land;
6 ‘‘(6) shall provide that the Secretary of the
7 Navy—
8 ‘‘(A) shall take necessary actions to pre-
9 vent, suppress, manage, and rehabilitate brush
10 and range fires occurring on land withdrawn or
11 owned within the Fallon Range Training Com-
12 plex and fires resulting from military activities
13 outside the withdrawn or owned land of the
14 Fallon Range Training Complex; and
15 ‘‘(B) notwithstanding section 2465 of title
16 10, United States Code—
17 ‘‘(i) may obligate funds appropriated
18 or otherwise available to the Secretary of
19 the Navy to enter into memoranda of un-
20 derstanding, cooperative agreements, and
21 contracts for fire management; and
22 ‘‘(ii) shall reimburse the Secretary of
23 the Interior for costs incurred under this
24 paragraph;
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1 ‘‘(7) shall provide that all gates, fences, and
2 barriers constructed after the date of enactment of
3 this subtitle shall be designed and erected, to the
4 maximum extent practicable and consistent with
5 military security, safety, and sound wildlife manage-
6 ment use, to allow for wildlife access;
7 ‘‘(8) if determined appropriate by the Secretary
8 of the Navy, the Secretary of the Interior, and the
9 State of Nevada after review of any existing man-
10 agement plans applicable to the land, shall incor-
11 porate the existing management plans;
12 ‘‘(9) shall include procedures to ensure that—
13 ‘‘(A) the periodic reviews of the integrated
14 natural resources management plan required by
15 the Sikes Act (16 U.S.C. 670 et seq.) are con-
16 ducted jointly by the Secretary of the Navy, the
17 Secretary of the Interior, and the State of Ne-
18 vada; and
19 ‘‘(B) affected counties and affected Indian
20 tribes and the public are provided a meaningful
21 opportunity to comment on any substantial re-
22 visions to the plan that may be proposed pursu-
23 ant to such a review;
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1 ‘‘(10) shall provide procedures to amend the in-
2 tegrated natural resources management plan as nec-
3 essary;
4 ‘‘(11) shall allow access to, and ceremonial use
5 of, Tribal sacred sites to the extent consistent with
6 the military purposes for which the land is with-
7 drawn and reserved by section 2981(a); and
8 ‘‘(12) shall provide for timely consultation with
9 affected Indian tribes.
10 ‘‘SEC. 2986. USE OF MINERAL MATERIALS.
11 ‘‘Notwithstanding any other provision of this subtitle

12 or of the Act of July 31, 1947 (commonly known as the
13 Materials Act of 1947; 30 U.S.C. 601 et seq.), the Sec-
14 retary of the Navy may use sand, gravel, or similar min-
15 eral materials resources of the type subject to disposition
16 under that Act from land withdrawn and reserved by this
17 subtitle if use of such resources is required for construc-
18 tion needs on the land.
19 ‘‘SEC. 2987. TRIBAL ACCESS AGREEMENT AND CULTURAL
20 RESOURCES SURVEY.
21 ‘‘(a) TRIBAL ACCESS AGREEMENT.—

22 ‘‘(1) IN GENERAL.—Not later than 120 days
23 after the date of enactment of this subtitle, the Sec-
25 shall enter into an agreement with each affected In-
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1573
1 dian tribe for the purpose of establishing continued,
2 regular, and timely access to the land withdrawn
3 and reserved by section 2981, including all land sub-
4 ject to previous withdrawals under section 3011(a)
5 of the Military Lands Withdrawal Act of 1999 (title
6 XXX of Public Law 106–65; 113 Stat. 885), for cul-
7 tural, religious, gathering and ceremonial uses by af-
8 fected Indian tribes.
9 ‘‘(2) ACCESS.—The Secretary of the Navy
10 shall—
11 ‘‘(A) provide access in accordance with the
12 agreement entered into under paragraph (1);
13 and
14 ‘‘(B) to the extent practicable and con-
15 sistent with operational, safety, and security
16 needs, seek to minimize notice from the affected
17 Indian tribe and chaperoning requirements for
18 Tribal access.
19 ‘‘(3) RESOLUTION OF CONFLICTS.—If an af-
20 fected Indian tribe provides written comments to the
21 Secretary of the Navy or the Secretary of the Inte-
22 rior proposing changes or additions to the agreement
23 entered into under paragraph (1) and the proposals
24 are not incorporated in the final agreement, the Sec-
25 retary concerned shall—
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1574
1 ‘‘(A) respond in writing to the affected In-
2 dian tribe explaining a clear, identifiable ration-
3 ale why the proposed change was not incor-
4 porated; and
5 ‘‘(B) share the written responses under
6 subparagraph (A) with the Committee on
7 Armed Services of the House of Representa-
8 tives, the Committee on Natural Resources of
9 the House of Representatives, the Committee
10 on Armed Services of the Senate, and the Com-
11 mittee on Indian Affairs of the Senate.
12 ‘‘(b) ETHNOGRAPHIC STUDY.—The Secretary of the
13 Navy, in consultation with the State of Nevada and appro-
14 priate Tribal governments, shall conduct an ethnographic
15 study of the expanded Fallon Range Training Complex to
16 assess the importance of that area to Indian tribes and
17 the religious and cultural practices of those Indian tribes.
18 ‘‘(c) CULTURAL RESOURCES SURVEY.—
19 ‘‘(1) SURVEY.—The Secretary of the Navy,
20 after consultation with affected Indian tribes and re-
21 view of data, studies, and reports in the possession
22 of such Indian tribes, shall conduct a cultural re-
23 sources survey of the land withdrawn and reserved
24 by section 2981 for each of the expanded areas of
25 the B–16, B–17, and B–20 Ranges that were not
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1 subject to previous surveys in support of the Record
2 of Decision for the Fallon Range Training Complex
3 Modernization Final Environmental Impact State-
4 ment dated March 12, 2020, and previous with-
5 drawals comprising the Fallon Range Training Com-
6 plex that includes pedestrian field surveys and the
7 inventory and identification of specific sites con-
8 taining cultural, religious, and archaeological re-
9 sources of importance to affected Indian tribes.
10 ‘‘(2) RESULTS.—Not later than 2 years after
11 the date of enactment of this subtitle, the Secretary
12 of the Navy shall provide the results of the survey
13 conducted under paragraph (1) to affected Indian
14 tribes for review and comment prior to concluding
15 survey activities.
16 ‘‘(3) INCLUSION IN AGREEMENT.—The agree-
17 ment under subsection (a) shall include access to the
18 specific sites identified by the survey conducted
19 under paragraph (1) by affected Indian tribes, in-
20 cluding proper disposition or protection of, and any
21 requested access to, any identified burial sites, in ac-
22 cordance with the Native American Graves Protec-
23 tion and Repatriation Act (25 U.S.C. 3001 et seq.).
24 ‘‘(4) LIMITATION ON USE OF LAND PRIOR TO
25 COMPLETION OF SURVEY.—The Secretary of the
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1576
1 Navy shall not make operational use of the expanded
2 areas of the B–16, B–17, and B–20 Ranges that
3 were not subject to previous withdrawals comprising
4 the Fallon Range Training Complex until the date
5 of completion of the survey required by paragraph
6 (1).
7 ‘‘(d) PARTICIPATION OF AFFECTED INDIAN
8 TRIBES.—In conducting an ethnographic study or cultural
9 resources survey under subsection (b) or (c), the Secretary
10 of the Navy shall coordinate with, and provide for the par-
11 ticipation of, each applicable affected Indian tribe.
12 ‘‘(e) AGREEMENT TO MITIGATE ADVERSE EF-
13 FECTS.—The Secretary of the Navy, the Secretary of the
14 Interior, and affected Indian tribes shall enter into an
15 agreement consistent with section 306108 of title 54,
16 United States Code, that identifies actions to avoid, mini-
17 mize, or mitigate adverse effects to sites identified in sub-
18 section (c), including adverse effects from noise. Using the
19 results of surveys conducted under subsection (c), the
20 Navy shall, in coordination with affected Indian tribes and
21 to the extent practicable, avoid placing targets or other
22 range infrastructure in culturally sensitive areas. The
23 Navy shall avoid placement of targets in known sensitive
24 habitat, cultural, or historic areas within the Monte Cristo
25 Mountains.
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1 ‘‘(f) REPORT.—Not later than 1 year after the date
2 on which each of the agreements required under this sec-
3 tion have been entered into and the survey and study re-
4 quired under this section have been completed, the Sec-
5 retary of the Navy and the Secretary of the Interior shall
6 jointly submit to Congress a report describing—
7 ‘‘(1) the access protocols established by the
8 agreement under subsection (a);
9 ‘‘(2) the results of the ethnographic study con-
10 ducted under subsection (b);
11 ‘‘(3) the results of the cultural resources survey
12 under subsection (c); and
13 ‘‘(4) actions to be taken to avoid, minimize, or
14 mitigate adverse effects to sites on the land with-
15 drawn and reserved by section 2981.
16 ‘‘(g) PUBLIC AVAILABILITY.—Information con-
17 cerning the nature and specific location of a cultural re-
18 source shall be exempt from disclosure under section 552
19 of title 5 and any other law unless the Secretary of the
20 Navy, in consultation with affected Indian tribes, deter-
21 mines that disclosure would—
22 ‘‘(1) further the purposes of this section;
23 ‘‘(2) not create risk of harm to or theft or de-
24 struction of the cultural resource or the site con-
25 taining the cultural resource; and
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1578
1 ‘‘(3) be in accordance with other applicable
2 laws.’’.
3 ‘‘SEC. 2988. RESOLUTION OF WALKER RIVER PAIUTE TRIBE
4 CLAIMS.
5 ‘‘(a) PAYMENT TO TRIBE.—Not later than 1 year

6 after the date of enactment of this subtitle and subject
7 to the availability of appropriations, the Secretary of the
8 Navy shall transfer $20,000,000 of amounts appropriated
9 to the Secretary of the Navy for operation and mainte-
10 nance to an account designated by the Walker River Pai-
11 ute Tribe (referred to in this section as the ‘Tribe’) to
12 resolve the claims of the Tribe against the United States
13 for the contamination, impairment, and loss of use of ap-
14 proximately 6,000 acres of land that is within the bound-
15 aries of the reservation of the Tribe.
16 ‘‘(b) LIMITATION ON USE OF LAND PRIOR TO COM-
17 PLETION OF PAYMENT.—The Secretary of the Navy shall
18 not make operational use of the expanded areas of the B–
19 16, B–17, and B–20 Ranges that were not subject to pre-
20 vious withdrawals comprising the Fallon Range Training
21 Complex and that are withdrawn and reserved by section
22 2981 until the date on which the amount is transferred
24 ‘‘(c) ADDITIONAL TRUST LAND.—
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1579
1 ‘‘(1) ENVIRONMENTAL SITE ASSESSMENT.—Not
2 later than 1 year after the date of enactment of this

3 subtitle and prior to taking the land described in
4 paragraph (4) into trust for the benefit of the Tribe
5 under paragraph (3)(A), the Director of the Bureau
6 of Indian Affairs (referred to in this subsection as
7 the ‘Director’) shall complete an environmental site
8 assessment to determine with respect to the land—
9 ‘‘(A) the likelihood of the presence of haz-
10 ardous substance-related or other environmental
11 liability; and
12 ‘‘(B) if the Director determines the pres-
13 ence of hazardous substance-related or other
14 environmental liability is likely under subpara-
15 graph (A)—
16 ‘‘(i) the extent of the contamination
17 caused by such hazardous substance or
18 other environmental liability; and
19 ‘‘(ii) whether that liability can be re-
20 mediated by the United States.
21 ‘‘(2) CONTAMINATED LAND.—
22 ‘‘(A) IN GENERAL.—If the Director deter-

23 mines pursuant to the environmental site as-
24 sessment completed under paragraph (1) that
25 there is a likelihood of the presence of haz-
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December 6, 2022 (7:20 p.m.)
1580
1 ardous substance-related or other environmental
2 liability on the land described in paragraph (4),
3 the Director shall consult with the Tribe on
4 whether the land is still suitable for transfer
5 into trust for the benefit of the Tribe.
6 ‘‘(B) DETERMINATION.—If the Tribe de-
7 termines land identified as contaminated under
8 subparagraph (A) is still suitable to take into
9 trust for the benefit of the Tribe, the Director,
10 notwithstanding any other provision of law,
11 shall take the land into trust for the benefit of
12 the Tribe in accordance with paragraph (3).
13 ‘‘(3) LAND TO BE HELD IN TRUST FOR THE
14 TRIBE; IDENTIFICATION OF ALTERNATIVE LAND.—
15 ‘‘(A) IN GENERAL.—If the Tribe deter-

16 mines pursuant to paragraph (2) that the land
17 described in paragraph (4) should be taken into
18 trust for the benefit of the Tribe (including if
19 such land is determined to be contaminated),
20 subject to valid existing rights, all right, title,
21 and interest of the United States in and to the
22 land shall be—
23 ‘‘(i) held in trust by the United States
24 for the benefit of the Tribe; and
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1581
1 ‘‘(ii) made part of the existing res-
2 ervation of the Tribe.
3 ‘‘(B) IDENTIFICATION OF SUITABLE AND
4 COMPARABLE ALTERNATIVE LAND.—If the

5 Tribe determines pursuant to paragraph (2),
6 due to discovered environmental issues that the
7 land described in paragraph (4) is not suitable
8 to be taken into trust for the benefit of the
9 Tribe, not later than 1 year after the date on
10 which the Tribe makes that determination, the
11 Director and the Tribe shall enter into an
12 agreement to identify suitable and comparable
13 alternative land in relative distance and located
14 in the same county as the land described in
15 paragraph (4) to be withdrawn from Federal
16 use and taken into trust for the benefit of the
17 Tribe.
18 ‘‘(C) ENVIRONMENTAL LIABILITY.—
19 ‘‘(i) IN GENERAL.—Notwithstanding
20 any other provision of law, the United

21 States shall not be liable for any soil, sur-
22 face water, groundwater, or other contami-
23 nation resulting from the disposal, release,
24 or presence of any environmental contami-
25 nation on any portion of the land described
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1582
1 in paragraph (4) that occurred on or be-
2 fore the date on which the land was taken
3 into trust for the benefit of the Tribe. The
4 United States shall not fund or take any
5 action to remediate such land after such
6 land has been so taken into trust.
7 ‘‘(ii) ENVIRONMENTAL CONTAMINA-
8 TION DESCRIPTION.—An environmental

9 contamination described in clause (i) in-
10 cludes any oil or petroleum products, haz-
11 ardous substances, hazardous materials,
12 hazardous waste, pollutants, toxic sub-
13 stances, solid waste, or any other environ-
14 mental contamination or hazard as defined
15 in any Federal law or law of the State of
16 Nevada.
17 ‘‘(4) LAND DESCRIBED.—Subject to paragraph
18 (5), the land to be held in trust for the benefit of
19 the Tribe under paragraph (3)(A) is the approxi-
20 mately 8,170 acres of Bureau of Land Management
21 and Bureau of Reclamation land located in Churchill
22 and Mineral Counties, Nevada, as generally depicted
23 on the map entitled ‘Walker River Paiute Trust
24 Lands’ and dated April 19, 2022, and more particu-
25 larly described as follows:
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1583
1 ‘‘(A) FERNLEY EAST PARCEL.—The fol-
2 lowing land in Churchill County, Nevada:
3 ‘‘(i) All land held by the Bureau of
4 Reclamation in T. 20 N., R. 26 E., sec.
5 28, Mount Diablo Meridian.
6 ‘‘(ii) All land held by the Bureau of
7 Reclamation in T. 20 N., R. 26 E., sec.
8 36, Mount Diablo Meridian.
9 ‘‘(B) WALKER LAKE PARCEL.—The fol-
10 lowing land in Mineral County, Nevada:
11 ‘‘(i) All land held by the Bureau of
12 Land Management in T. 11 N., R. 29 E.,
13 secs. 35 and 36, Mount Diablo Meridian.
14 ‘‘(ii) All land held by the Bureau of
15 Reclamation in T. 10 N., R. 30 E., secs.
16 4, 5, 6, 8, 9, 16, 17, 20, 21, 28, 29, 32,
17 and 33, Mount Diablo Meridian.
18 ‘‘(iii) All land held by the Bureau of
19 Land Management in T. 10.5 N., R. 30
20 E., secs. 31 and 32, Mount Diablo Merid-
21 ian.
22 ‘‘(5) ADMINISTRATION.—
23 ‘‘(A) SURVEY.—Not later than 180 days
24 after the date of enactment of this subtitle, the
25 Secretary of the Interior (referred to in this
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1584
1 paragraph as the ‘Secretary’) shall complete a
2 survey to fully describe, and adequately define
3 the boundaries of, the land described in para-
4 graph (4).
5 ‘‘(B) LEGAL DESCRIPTION.—
6 ‘‘(i) IN GENERAL.—Upon completion

7 of the survey required under subparagraph
8 (A), the Secretary shall publish in the Fed-
9 eral Register a legal description of the land
11 ‘‘(ii) TECHNICAL CORRECTIONS.—Be-
12 fore the date of publication of the legal de-

13 scription under this subparagraph, the
14 Secretary may correct any technical or
15 clerical errors in the legal description as
16 the Secretary determines appropriate.
17 ‘‘(iii) EFFECT.—Effective beginning
18 on the date of publication of the legal de-
19 scription under this subparagraph, the
20 legal description shall be considered to be
21 the official legal description of the land to
22 be held in trust for the benefit of the Tribe
23 under paragraph (3)(A).
24 ‘‘(6) USE OF TRUST LAND.—The land taken
25 into trust under paragraph (3)(A) shall not be eligi-
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December 6, 2022 (7:20 p.m.)
1585
1 ble, or considered to have been taken into trust, for
2 class II gaming or class III gaming (as those terms
3 are defined in section 4 of the Indian Gaming Regu-
4 latory Act (25 U.S.C. 2703)).
5 ‘‘(d) ELIGIBILITY FOR FEDERAL AND FEDERALLY
6 FUNDED PROGRAMS.—Funds paid to the Tribe pursuant
7 to this section, including any interest or investment in-
8 come earned, may not be treated as income or resources
9 or otherwise used as the basis for denying or reducing the
10 basis for Federal financial assistance or other Federal
11 benefit (including under the Social Security Act (42
12 U.S.C. 301 et seq.)) to which the Tribe, a member of the
13 Tribe, or a household would otherwise be entitled.
14 ‘‘SEC. 2989. LAND TO BE HELD IN TRUST FOR THE FALLON
15 PAIUTE SHOSHONE TRIBE.
16 ‘‘(a) LAND TO BE HELD IN TRUST.—

17 ‘‘(1) IN GENERAL.—Subject to valid existing
18 rights, all right, title, and interest of the United
19 States in and to the land described in paragraph (2)
20 shall be—
21 ‘‘(A) held in trust by the United States for
22 the benefit of the Fallon Paiute Shoshone
23 Tribe; and
24 ‘‘(B) made part of the reservation of the
25 Fallon Paiute Shoshone Tribe.
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1586
1 ‘‘(2) DESCRIPTION OF LAND.—The land re-
2 ferred to in paragraph (1) is the approximately
3 10,000 acres of land administered by the Bureau of
4 Land Management and the Bureau of Reclamation,
5 as generally depicted as ‘Reservation Expansion
6 Land’ on the map entitled ‘Churchill County Pro-
7 posed Fallon Range Training Complex Moderniza-
8 tion and Lands Bill’ and dated November 30, 2022.
9 ‘‘(3) SURVEY.—Not later than 180 days after
10 the date of enactment of this subtitle, the Secretary
11 of the Interior shall complete a survey of the bound-
12 ary lines to establish the boundaries of the land
13 taken into trust under paragraph (1).
14 ‘‘(4) USE OF TRUST LAND.—The land taken
15 into trust under this section shall not be eligible, or
16 considered to have been taken into trust, for class II
17 gaming or class III gaming (as those terms are de-
18 fined in section 4 of the Indian Gaming Regulatory
19 Act (25 U.S.C. 2703)).
20 ‘‘(5) COOPERATIVE AGREEMENT.—On request
21 by the Fallon Paiute Shoshone Tribe, the Secretary
22 of the Interior shall enter into a cooperative agree-
23 ment with the Fallon Paiute Shoshone Tribe to pro-
24 vide assistance in the management of the land taken
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1587
1 into trust under this section for cultural protection
2 and conservation management purposes.
3 ‘‘SEC. 2990. NUMU NEWE CULTURAL CENTER.
4 ‘‘(a) IN GENERAL.—Subject to the availability of ap-

5 propriations from amounts appropriated to the Secretary
6 of the Navy for operation and maintenance, the Secretary
7 of the Navy shall provide financial assistance to a cultural
8 center established and operated by the Fallon Paiute Sho-
9 shone Tribe and located on the Reservation of the Fallon
10 Paiute Shoshone Tribe, the purpose of which is to help
11 sustain Numu Newe knowledge, culture, language, and
12 identity associated with aboriginal land and traditional
13 ways of life for the Fallon Paiute Shoshone Tribe and
14 other affected Indian tribes (referred to in this section as
15 the ‘Center’).
16 ‘‘(b) STUDIES AND INVENTORIES.—The Center shall
17 integrate information developed in the cultural resources
18 inventories and ethnographic studies carried out under
19 section 2987.
20 ‘‘(c) TRANSFER.—Not later than 1 year after the
21 date of enactment of this subtitle and subject to the avail-
22 ability of appropriations, the Secretary of the Navy shall
23 transfer to an account designated by the Fallon Paiute
24 Shoshone Tribe—
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December 6, 2022 (7:20 p.m.)
1588
1 ‘‘(1) $10,000,000 for the development and con-
2 struction of the Center; and
3 ‘‘(2) $10,000,000 to endow operations of the
4 Center.
5 ‘‘(d) LIMITATION ON USE OF LAND PRIOR TO COM-
6 PLETION OF PAYMENT.—The Secretary of the Navy shall
7 not make operational use of the expanded areas of the B–
8 16, B–17, and B–20 Ranges that were not subject to pre-
9 vious withdrawals comprising the Fallon Range Training
10 Complex and that are withdrawn and reserved by section
11 2981 until the date on which the amounts are transferred
12 under subsection (c).
13 ‘‘SEC. 2991. ROAD RECONSTRUCTION AND TREATMENT OF
14 EXISTING ROADS AND RIGHTS-OF-WAY.
15 ‘‘(a) ROAD RECONSTRUCTION.—Subject to the avail-

16 ability of appropriations, the Secretary of the Navy shall
17 be responsible for the timely—
18 ‘‘(1) reconstruction of—
19 ‘‘(A) Lone Tree Road leading to the B–16
20 Range; and
21 ‘‘(B) State Highway 361; and
22 ‘‘(2) relocation of—
23 ‘‘(A) Sand Canyon and Red Mountain
24 Roads, consistent with alternative 2A, as de-
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December 6, 2022 (7:20 p.m.)
1589
1 scribed in the Final FRTC Road Realignment
2 Study dated March 14, 2022; and
3 ‘‘(B) Pole Line Road, consistent with alter-
4 native 3B, as described in the Final FRTC
5 Road Realignment Study dated March 14,
6 2022.
8 PLETION OF REQUIREMENTS.—In accordance with section
9 2982(c)(1), the Secretary of the Navy shall not make
10 operational use of the expanded areas of the B–16, B–
11 17, and B–20 Ranges that were not subject to previous
12 withdrawals comprising the Fallon Range Training Com-
13 plex and that are withdrawn and reserved by section 2981
14 until the date on which the Secretary of the Navy deter-
15 mines that each of the requirements of subsection (a) have
16 been met.
17 ‘‘(c) EXISTING ROADS AND RIGHTS-OF-WAY; AC-
18 CESS.—
19 ‘‘(1) IN GENERAL.—The withdrawal and res-

20 ervation of land made by section 2981 shall not be
21 construed to affect the following roads and associ-
22 ated rights-of-way:
23 ‘‘(A) United States Highways 50 and 95.
24 ‘‘(B) State Routes 121 and 839.
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December 6, 2022 (7:20 p.m.)
1590
1 ‘‘(C) The Churchill County, Nevada, roads
2 identified as Simpson Road, East County Road,
3 Earthquake Fault Road, and Fairview Peak
4 Road.
5 ‘‘(2) ACCESS.—Any road identified on the map
6 described in section 2981(b) as an existing minor
7 county road shall be available for managed access
8 consistent with the purposes of the withdrawal.
9 ‘‘(d) NEW RIGHTS-OF-WAY.—The Secretary of the
10 Navy, in coordination with the Secretary of the Interior,
11 shall be responsible for the timely grant of new rights-
12 of-way for Sand Canyon and Red Mountain Road, Pole
13 Line Road, and East County Road to the appropriate
14 County.
15 ‘‘(e) I–11 CORRIDORS.—The Secretary of the Interior
16 shall manage the land located within the ‘Churchill County
17 Preferred I–11 Corridor’ and ‘NDOT I–11 Corridor’ as
18 depicted on the map entitled ‘Churchill County Proposed
19 Fallon Range Training Complex Modernization and Lands
20 Bill’ and dated November 30, 2022, in accordance with
21 this section.
22 ‘‘(f) PUBLIC AVAILABILITY OF MAP.—A copy of the
23 map described in section 2981(b) shall be on file and avail-
24 able for public inspection in the appropriate offices of the
25 Bureau of Land Management.
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1591
1 ‘‘(g) WITHDRAWAL OF LAND.—Subject to any valid
2 rights in existence on the date of enactment of this sub-
3 title, the land located within the corridors depicted as
4 ‘Utility and Infrastructure Corridors’ on the map entitled
5 ‘Churchill County Proposed Fallon Range Training Com-
6 plex Modernization and Lands Bill’ and dated November
7 30, 2022, is withdrawn from—
8 ‘‘(1) location and entry under the mining laws;
9 and
10 ‘‘(2) disposition under all laws pertaining to
11 mineral and geothermal leasing or mineral materials.
12 ‘‘(h) TERMINATION OF WITHDRAWAL.—A with-
13 drawal under subsection (g) shall terminate on the date
14 on which—
15 ‘‘(1) the Secretary of the Interior, in coordina-
16 tion with Churchill County, Nevada, terminates the
17 withdrawal; or
18 ‘‘(2) the applicable corridor or land is patented.
19 ‘‘(i) REVISED STATUTES SECTION 2477 CLAIMS.—
20 The withdrawal and reservation of land by section 2981
21 shall not affect the ability of Churchill County, Nevada,
22 to seek adjudication of claims under section 2477 of the
23 Revised Statutes (43 U.S.C. 932), as in effect prior to
24 being repealed by section 706(a) of the Federal Land Pol-
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December 6, 2022 (7:20 p.m.)
1592
1 icy and Management Act of 1976 (Public Law 94–579;
2 90 Stat. 2793).
3 ‘‘(j) TREATMENT OF THE WEST-WIDE ENERGY COR-
4 RIDOR.—
5 ‘‘(1) IN GENERAL.—Nothing in section 2981

6 shall be construed to restrict the development of
7 high voltage electrical power utility lines within the
8 portion of the designated West-Wide Energy Cor-
9 ridor that is located outside of the B–16 Range.
10 ‘‘(2) TRANSMISSION LINE.—The Secretary of
11 the Navy shall allow 1 transmission line within that
12 portion of the designated West-Wide Energy Cor-
13 ridor that is located within the B–16 Range nearest
14 the existing transmission line adjacent to the west-
15 ern boundary of the B–16 Range.
16 ‘‘(3) FUTURE TRANSMISSION LINE.—If the Sec-
18 determine that additional transmission lines cannot
19 be accommodated outside of the B–16 Range, to the
20 extent practicable, the Secretary of the Navy shall
21 allow the construction of a new transmission line as
22 close as practicable to the existing transmission line.
23 ‘‘SEC. 2992. SAGE GROUSE STUDY.
24 ‘‘(a) IN GENERAL.—The Secretary of the Navy, in

25 consultation with the Secretary of the Interior and the
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1593
1 State of Nevada, shall conduct a study to further assess
2 greater sage grouse reactions to military overflights within
3 the Fallon Range Training Complex.
4 ‘‘(b) DETERMINATION.—If the Secretary of the Navy
5 determines under the study under subsection (a) that
6 greater sage grouse in the Fallon Range Training Complex
7 are significantly impacted by aircraft overflights, the Sec-
8 retary of the Navy shall implement adaptive management
9 activities, in coordination with the State of Nevada and
10 the United States Fish and Wildlife Service.
11 ‘‘SEC. 2993. TREATMENT OF LIVESTOCK GRAZING PERMITS.
12 ‘‘(a) IN GENERAL.—The Secretary of the Navy shall

13 notify holders of grazing allotments impacted by the with-
14 drawal and reservation of land by section 2981 and, if
15 practicable, assist the holders of the grazing allotments
16 in obtaining replacement forage.
17 ‘‘(b) REVISIONS TO ALLOTMENT PLANS.—The Sec-
18 retary of the Navy shall reimburse the Secretary of the
19 Interior for grazing program-related administrative costs
20 reasonably incurred by the Bureau of Land Management
21 due to the withdrawal and reservation of land by section
22 2981.
23 ‘‘(c) ALTERNATIVE TO REPLACEMENT FORAGE.—If
24 replacement forage cannot be identified under subsection
25 (a), the Secretary of the Navy shall make full and com-
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1594
1 plete payments to Federal grazing permit holders for all
2 losses suffered by the permit holders as a result of the
3 withdrawal or other use of former Federal grazing land
4 for national defense purposes pursuant to the Act of June
5 28, 1934 (commonly known as the ‘Taylor Grazing Act’)
6 (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.).
7 ‘‘(d) NOTIFICATION AND PAYMENT.—The Secretary
8 of the Navy shall—
9 ‘‘(1) notify, by certified mail, holders of grazing
10 allotments that are terminated; and
11 ‘‘(2) compensate the holders of grazing allot-
12 ments described in paragraph (1) for authorized per-
13 manent improvements associated with the allot-
14 ments.
15 ‘‘(e) PAYMENT.—For purposes of calculating and
16 making a payment to a Federal grazing permit holder
17 under this section (including the conduct of any appraisals
18 required to calculate the amount of the payment)—
19 ‘‘(1) the Secretary of the Navy shall consider
20 the permanent loss of the applicable Federal grazing
21 permit; and
22 ‘‘(2) the amount of the payment shall not be
23 limited to the remaining term of the existing Federal
24 grazing permit.
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1595
1 ‘‘SEC. 2994. TRANSFER OF LAND UNDER THE ADMINISTRA-
2 TIVE JURISDICTION OF THE DEPARTMENT
3 OF THE NAVY.
4 ‘‘(a) TRANSFER REQUIRED.—Subject to subsection

5 (b), the Secretary of the Navy shall transfer to the Sec-
6 retary of the Interior, at no cost, administrative jurisdic-
7 tion of the approximately 86 acres of a noncontiguous par-
8 cel of land as depicted on the map entitled ‘Churchill
9 County Proposed Fallon Range Training Complex Mod-
10 ernization and Lands Bill’ and dated November 30, 2022,
11 acquired by the Department of the Navy in Churchill
12 County, Nevada, for inclusion in the Sand Mountain
13 Recreation Area.
14 ‘‘(b) CERTIFICATION WITH RESPECT TO ENVIRON-
15 MENTAL HAZARDS.—Prior to transferring land under sub-
16 section (a), the Secretary of the Navy shall certify that
17 the land to be transferred under that subsection is free
18 from environmental hazards.
19 ‘‘SEC. 2995. REDUCTION OF IMPACT OF FALLON RANGE
20 TRAINING COMPLEX MODERNIZATION.
21 ‘‘(a) IN GENERAL.—Consistent with the Record of

22 Decision for the Fallon Range Training Complex Mod-
23 ernization Final Environmental Impact Statement dated
24 March 12, 2020, the Secretary of the Navy shall carry
25 out the following additional mitigations and other meas-
26 ures not otherwise included in other sections of this Act
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1596
1 to reduce the impact of the modernization of the Fallon
2 Range Training Complex by the Secretary of the Navy on
3 the land and local community:
4 ‘‘(1) Develop Memoranda of Agreement or
5 other binding protocols, in coordination with agen-
6 cies, affected Indian tribes, and other stakeholders,
7 for—
8 ‘‘(A) management of that portion of Bu-
9 reau of Reclamation infrastructure in the B–16
10 and B–20 Ranges that will be closed to public
11 access but will continue to be managed for flood
12 control; and
13 ‘‘(B) access for research, resource manage-
14 ment, and other activities within the B–16, B–
15 17, B–19, and B–20 Ranges.
16 ‘‘(2) Establish wildlife-friendly configured four-
17 wire fencing, on coordination with the Nevada De-
18 partment of Wildlife, to restrict access to the small-
19 est possible area necessary to ensure public safety
20 and to minimize impacts on wildlife from fencing.
21 ‘‘(3) Subject to the availability of appropria-
22 tions—
23 ‘‘(A) purchase the impacted portion of the
24 Great Basin Transmission Company (formerly
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1 named the ‘Paiute Pipeline Company’) pipeline
2 within the B–17 Range; and
3 ‘‘(B) pay for the relocation of the pipeline
4 acquired under subparagraph (A) to a location
5 south of the B–17 Range.
6 ‘‘(4) Accommodate permitting and construction
7 of additional utility and infrastructure projects with-
8 in 3 corridors running parallel to the existing north-
9 south power line in proximity to Nevada Route 121,
10 existing east-west power line north of Highway 50,
11 and the area immediately north of Highway 50 as
12 shown on the map entitled ‘Churchill County Pro-
13 posed Fallon Range Training Complex Moderniza-
14 tion and Lands Bill’ and dated November 30, 2022,
15 subject to the requirement that any project author-
16 ized under this paragraph shall complete appropriate
17 Federal and State permitting requirements prior to
18 the accommodation under this paragraph.
19 ‘‘(5)(A) Notify holders of mining claims im-
20 pacted by the modernization by certified mail.
21 ‘‘(B) Make payments to the holders of
22 mining claims described in subparagraph (A),
23 subject to the availability of appropriations.
24 ‘‘(6) Allow a right-of-way to accommodate I–11
25 (which could also include a transmission line) if a
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1 route is chosen by Churchill County, Nevada, or the
2 State of Nevada that overlaps the northeast corner
3 of the withdrawal area for the B–16 Range.
4 ‘‘(7) Revise the applicable range operations
5 manual—
6 ‘‘(A) to include Crescent Valley and Eure-
7 ka as noise-sensitive areas; and
8 ‘‘(B) to implement a 5-nautical-mile buffer
9 around the towns of Crescent Valley and Eure-
10 ka.
11 ‘‘(8) Implement a 3-nautical-mile airspace ex-
12 clusion zone over the Gabbs, Eureka, and Crescent
13 Valley airports.
14 ‘‘(9) Extend the Visual Flight Rules airspace
15 corridor through the newly established Military Op-
16 erations Areas on the east side of the Dixie Valley
17 Training Area.
18 ‘‘(10) Notify affected water rights holders by
19 certified mail and, if water rights are adversely af-
20 fected by the modernization and cannot be otherwise
21 mitigated, acquire existing and valid State water
22 rights.
23 ‘‘(11) Allow Nevada Department of Wildlife ac-
24 cess for spring and wildlife guzzler monitoring and
25 maintenance.
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1599
1 ‘‘(12) Implement management practices and
2 mitigation measures specifically designed to reduce
3 or avoid potential impacts on surface water and
4 groundwater, such as placing targets outside of
5 washes.
6 ‘‘(13) Develop and implement a wildland fire
7 management plan with the State of Nevada to en-
8 sure wildland fire prevention, suppression, and res-
9 toration activities are addressed, as appropriate, for
10 the entire expanded range complex.
11 ‘‘(14) To the maximum extent practicable and
12 if compatible with mission training requirements,
13 avoid placing targets in biologically sensitive areas
14 identified by the Nevada Department of Wildlife.
15 ‘‘(15) Fund 2 conservation law enforcement of-
16 ficer positions at Naval Air Station Fallon.
17 ‘‘(16) Post signs warning the public of any con-
18 tamination, harm, or risk associated with entry into
19 the withdrawal land.
20 ‘‘(17) Enter into an agreement for compensa-
21 tion from the Secretary of the Navy to Churchill
22 County, Nevada, and the counties of Lyon, Nye,
23 Mineral, and Pershing in the State of Nevada to off-
24 set any reductions made in payments in lieu of
25 taxes.
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1600
1 ‘‘(18) Review, in consultation with affected In-
2 dian tribes, and disclose any impacts caused by the
3 activities of the Secretary of the Navy at Fox Peak,
4 Medicine Rock, and Fairview Mountain.
5 ‘‘(19) Consult with affected Indian tribes to
6 mitigate, to the maximum extent practicable, any
7 impacts disclosed under paragraph (18).
9 PLETION OF REQUIREMENTS.—In accordance with section
10 2982(c)(1), the Secretary of the Navy shall not make
11 operational use of the expanded areas of the B–16, B–
12 17, and B–20 Ranges that were not subject to previous
13 withdrawals comprising the Fallon Range Training Com-
14 plex and that are withdrawn and reserved by section 2981
15 until the date on which the Secretary of the Navy deter-
16 mines that each of the requirements of subsection (a) have
17 been met.
18 ‘‘SEC. 2996. DIXIE VALLEY WATER PROJECT.
19 ‘‘(a) CONTINUATION OF PROJECT.—The withdrawal

20 of land authorized by section 2981(a)(2) shall not inter-
21 fere with the Churchill County Dixie Valley Water Project.
22 ‘‘(b) PERMITTING.—On application by Churchill
23 County, Nevada, the Secretary of the Navy shall concur
24 with the Churchill County Dixie Valley Water Project and,
25 in collaboration with the Secretary of the Interior, com-
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1601
1 plete any permitting necessary for the Dixie Valley Water
2 Project, subject to the public land laws and environmental
3 review, including regulations.
4 ‘‘(c) COMPENSATION.—Subject to the availability of
5 appropriations, the Secretary of the Navy shall com-
6 pensate Churchill County, Nevada, for any cost increases
7 for the Dixie Valley Water Project that result from any
8 design features required by the Secretary of the Navy to
9 be included in the Dixie Valley Water Project.
10 ‘‘SEC. 2997. EXPANSION OF INTERGOVERNMENTAL EXECU-
11 TIVE COMMITTEE ON JOINT USE BY DEPART-
12 MENT OF THE NAVY AND DEPARTMENT OF
13 THE INTERIOR OF FALLON RANGE TRAINING
14 COMPLEX.
15 ‘‘The Secretary of the Navy and the Secretary of the

16 Interior shall expand the membership of the Fallon Range
17 Training Complex Intergovernmental Executive Com-
18 mittee directed by section 3011(a)(5) of the Military
19 Lands Withdrawal Act of 1999 (title XXX of Public Law
20 106–65; 113 Stat. 885; 134 Stat. 4349) relating to the
21 management of the natural and cultural resources of the
22 withdrawal land to include representatives of Eureka
23 County, Nevada, the Nevada Department of Agriculture,
24 and the Nevada Division of Minerals.
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1 ‘‘SEC. 2998. TRIBAL LIAISON OFFICE.
2 ‘‘The Secretary of the Navy shall establish and main-

3 tain a dedicated Tribal liaison position at Naval Air Sta-
4 tion Fallon.
5 ‘‘SEC. 2999. TERMINATION OF PRIOR WITHDRAWAL.
6 ‘‘Notwithstanding section 2842 of the William M.

8 Fiscal Year 2021 (Public Law 116–283) and section 3015
9 of the Military Lands Withdrawal Act of 1999 (title XXX
10 of Public Law 106–65), the withdrawal and reservation
11 under section 3011(a) of that Act is terminated.
12 ‘‘SEC. 2999A. DURATION OF WITHDRAWAL AND RESERVA-
13 TION.
14 ‘‘The withdrawal and reservation of public land by

15 section 2981 shall terminate on November 6, 2047.’’.
16 SEC. 2902. NUMU NEWE SPECIAL MANAGEMENT AREA.
17 (a) DEFINITIONS.—In this section:

18 (1) MANAGEMENT PLAN.—The term ‘‘manage-
19 ment plan’’ means the management plan for the
20 Special Management Area developed under sub-
21 section (d).
23 the Secretary of the Interior.
24 (3) SPECIAL MANAGEMENT AREA.—The term
25 ‘‘Special Management Area’’ means the Numu Newe
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1 Special Management Area established by subsection
2 (b).
3 (b) ESTABLISHMENT.—To protect, conserve, and en-
4 hance the unique and nationally important historic, cul-
5 tural, archaeological, natural, and educational resources of
6 the Numu Newe traditional homeland, subject to valid ex-
7 isting rights, there is established in Churchill and Mineral
8 Counties, Nevada, the Numu Newe Special Management
9 Area, to be administered by the Secretary.
10 (c) AREA INCLUDED.—The Special Management
11 Area shall consist of the approximately 217,845 acres of
12 public land in Churchill and Mineral Counties, Nevada,
13 administered by the Bureau of Land Management, as de-
14 picted on the map entitled ‘‘Churchill County Proposed
15 Fallon Range Training Complex Modernization and Lands
16 Bill’’ and dated November 30, 2022.
17 (d) MANAGEMENT PLAN.—
18 (1) IN GENERAL.—Not later than 2 years after
19 the date of enactment of this Act, the Secretary
20 shall develop a comprehensive management plan for
21 the long-term management of the Special Manage-
22 ment Area.
23 (2) CONSULTATION.—In developing and imple-
24 menting the management plan, the Secretary shall
25 consult with—
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1 (A) appropriate Federal, Tribal, State, and
2 local governmental entities; and
3 (B) interested members of the public.
4 (3) REQUIREMENTS.—The management plan
5 shall—
6 (A) describe the appropriate uses of the
7 Special Management Area;
8 (B) with respect to any land within the
9 Special Management Area that is withdrawn
10 and reserved for military uses, ensure that
11 management of the Special Management Area
12 is consistent with the purposes under section
13 2981(c)(2) of the Military Land Withdrawals
14 Act of 2013 (as added by section 2901 of this
15 title) for which the land is withdrawn and re-
16 served;
17 (C) authorize the use of motor vehicles in
18 the Special Management Area, where appro-
19 priate, including providing for the maintenance
20 of existing roads;
21 (D) incorporate any provision of an appli-
22 cable land and resource management plan that
23 the Secretary considers to be appropriate;
24 (E) ensure, to the maximum extent prac-
25 ticable, the protection and preservation of tradi-
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1 tional cultural and religious sites within the
2 Special Management Area;
3 (F) to the maximum extent practicable,
4 carefully and fully integrate the traditional and
5 historical knowledge and special expertise of the
6 Fallon Paiute Shoshone Tribe and other af-
7 fected Indian tribes;
8 (G) consistent with subparagraph (D), en-
9 sure public access to Federal land within the
10 Special Management Area for hunting, fishing,
11 and other recreational purposes;
12 (H) not affect the allocation, ownership,
13 interest, or control, as in existence on the date
14 of enactment of this Act, of any water, water
15 right, or any other valid existing right; and
16 (I) be reviewed not less frequently than an-
17 nually by the Secretary to ensure the manage-
18 ment plan is meeting the requirements of this
19 section.
20 (e) MILITARY OVERFLIGHTS.—Nothing in this sec-
21 tion restricts or precludes—
22 (1) low-level overflights of military aircraft over
23 the Special Management Area, including military
24 overflights that can be seen or heard within the Spe-
25 cial Management Area;
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1 (2) flight testing and evaluation; or
2 (3) the designation or creation of new units of
3 special use airspace, or the establishment of military
4 flight training routes, over the Special Management
5 Area.
6 SEC. 2903. NATIONAL CONSERVATION AREAS.
7 (a) NUMUNAA NOBE NATIONAL CONSERVATION

8 AREA.—
10 (A) CONSERVATION AREA.—The term
11 ‘‘Conservation Area’’ means the Numunaa
12 Nobe National Conservation Area established
13 by paragraph (2).
14 (B) MANAGEMENT PLAN.—The term
15 ‘‘management plan’’ means the management
16 plan for the Conservation Area developed under
17 paragraph (3)(B).
18 (C) SECRETARY.—The term ‘‘Secretary’’
19 means the Secretary of the Interior.
20 (2) ESTABLISHMENT.—
21 (A) IN GENERAL.—To conserve, protect,
22 and enhance for the benefit and enjoyment of
23 present and future generations the cultural, ar-
24 chaeological, natural, wilderness, scientific, geo-
25 logical, historical, biological, wildlife, edu-
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1 cational, recreational, and scenic resources of
2 the Conservation Area, subject to valid existing
3 rights, there is established the Numunaa Nobe
4 National Conservation Area in the State of Ne-
5 vada, to be administered by the Secretary.
6 (B) AREA INCLUDED.—
7 (i) IN GENERAL.—The Conservation

8 Area shall consist of approximately
9 160,224 acres of public land in Churchill
10 County, Nevada, as generally depicted on
11 the map entitled ‘‘Churchill County Pro-
12 posed Fallon Range Training Complex
13 Modernization and Lands Bill’’ and dated
14 November 30, 2022.
15 (ii) AVAILABILITY OF MAP.—The map
16 described in clause (i) shall be on file and
17 available for public inspection in the appro-
18 priate offices of the Bureau of Land Man-
19 agement.
20 (3) MANAGEMENT.—
21 (A) IN GENERAL.—The Secretary shall ad-
22 minister the Conservation Area in a manner
23 that conserves, protects, and enhances the re-
24 sources of the Conservation Area—
25 (i) in accordance with—
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1608
1 (I) this subsection;
2 (II) the Federal Land Policy and
3 Management Act of 1976 (43 U.S.C.
4 1701 et seq.); and
5 (III) any other applicable law;
6 and
7 (ii) as a component of the National
8 Landscape Conservation System.
9 (B) MANAGEMENT PLAN.—
10 (i) IN GENERAL.—Not later than 2

11 years after the date of enactment of this
12 Act, the Secretary shall develop a manage-
13 ment plan for the Conservation Area.
14 (ii) CONSULTATION.—In developing
15 the management plan, the Secretary shall
16 consult with—
17 (I) appropriate Federal, State,
18 Tribal, and local governmental enti-
19 ties; and
20 (II) members of the public.
21 (iii) REQUIREMENTS.—The manage-
22 ment plan shall—
23 (I) describe the appropriate uses
24 of the Conservation Area;
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1 (II) in accordance with para-
2 graph (5), authorize the use of motor
3 vehicles in the Conservation Area,
4 where appropriate, including for the
5 maintenance of existing roads; and
6 (III) incorporate any provision of
7 an applicable land and resource man-
8 agement plan that the Secretary con-
9 siders to be appropriate, to include
10 the Search and Rescue Training Co-
11 operative Agreement between the Bu-
12 reau of Land Management and the
13 Naval Strike and Air Warfare Train-
14 ing Center dated July 6, 1998, and
15 the Carson City District BLM Admin-
16 istrative Guide to Military Activities
17 on and Over the Public Lands dated
18 January 25, 2012.
19 (4) USES.—The Secretary shall allow only those
20 uses of the Conservation Area that the Secretary de-
21 termines would further the purposes of the Con-
22 servation Area.
23 (5) MOTORIZED VEHICLES.—Except as needed
24 for administrative purposes, planned military activi-
25 ties authorized by paragraph (3)(B)(iii)(III), or to
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1 respond to an emergency, the use of motorized vehi-
2 cles in the Conservation Area shall be permitted only
3 on roads and trails designated for the use of motor-
4 ized vehicles by the management plan.
5 (6) WITHDRAWAL.—
6 (A) IN GENERAL.—Subject to valid exist-
7 ing rights, all public land in the Conservation
8 Area is withdrawn from—
9 (i) all forms of entry, appropriation,
10 and disposal under the public land laws;
11 (ii) location, entry, and patent under
12 the mining laws; and
13 (iii) disposition under all laws relating
14 to mineral and geothermal leasing or min-
15 eral materials.
16 (B) ADDITIONAL LAND.—If the Secretary
17 acquires mineral or other interests in a parcel
18 of land within the Conservation Area after the
19 date of enactment of this Act, the parcel is
20 withdrawn from operation of the laws referred
21 to in subparagraph (A) on the date of acquisi-
22 tion of the parcel.
23 (7) HUNTING, FISHING, AND TRAPPING.—

25 graph (B), nothing in this subsection affects
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December 6, 2022 (7:20 p.m.)
1611
1 the jurisdiction of the State of Nevada with re-
2 spect to fish and wildlife, including hunting,
3 fishing, and trapping in the Conservation Area.
4 (B) LIMITATIONS.—
5 (i) REGULATIONS.—The Secretary
6 may designate by regulation areas in
7 which, and establish periods during which,
8 no hunting, fishing, or trapping will be
9 permitted in the Conservation Area, for
10 reasons of public safety, administration, or
11 compliance with applicable laws.
12 (ii) CONSULTATION REQUIRED.—Ex-
13 cept in an emergency, the Secretary shall

14 consult with the appropriate State agency
15 and notify the public before taking any ac-
16 tion under clause (i).
17 (8) GRAZING.—In the case of land included in
18 the Conservation Area on which the Secretary per-
19 mitted, as of the date of enactment of this Act, live-
20 stock grazing, the livestock grazing shall be allowed
21 to continue, subject to applicable laws (including
22 regulations).
23 (9) NO BUFFER ZONES.—
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1 (A) IN GENERAL.—Nothing in this sub-
2 section creates a protective perimeter or buffer
3 zone around the Conservation Area.
4 (B) ACTIVITIES OUTSIDE CONSERVATION
5 AREA.—The fact that an activity or use on land

6 outside the Conservation Area can be seen or
7 heard within the Conservation Area shall not
8 preclude the activity or use outside the bound-
9 ary of the Conservation Area.
10 (10) MILITARY OVERFLIGHTS.—Nothing in this
11 subsection restricts or precludes—
12 (A) low-level overflights of military aircraft
13 over the Conservation Area, including military
14 overflights that can be seen or heard within the
15 Conservation Area;
16 (B) flight testing and evaluation; or
17 (C) the designation or creation of new
18 units of special use airspace, or the establish-
19 ment of military flight training routes, over the
20 Conservation Area.
21 (10) EFFECT ON WATER RIGHTS.—Nothing in
22 this subsection constitutes an express or implied res-
23 ervation of any water rights with respect to the Con-
24 servation Area.
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1 (b) PISTONE-BLACK MOUNTAIN NATIONAL CON-
2 SERVATION AREA.—
4 (A) CONSERVATION AREA.—The term
5 ‘‘Conservation Area’’ means the Pistone-Black
6 Mountain National Conservation Area estab-
7 lished by paragraph (2)(A).
8 (B) SECRETARY.—The term ‘‘Secretary’’
9 means the Secretary of the Interior.
10 (C) TRIBE.—The term ‘‘Tribe’’ means the
11 Walker River Paiute Tribe.
12 (2) ESTABLISHMENT.—
13 (A) IN GENERAL.—To protect, conserve,
14 and enhance the unique and nationally impor-
15 tant historic, cultural, archaeological, natural,
16 and educational resources of the Pistone Site on
17 Black Mountain, subject to valid existing rights,
18 there is established in Mineral County, Nevada,
19 the Pistone-Black Mountain National Conserva-
20 tion Area.
21 (B) AREA INCLUDED.—
22 (i) IN GENERAL.—The Conservation

23 Area shall consist of the approximately
24 3,415 acres of public land in Mineral
25 County, Nevada, administered by the Bu-
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1 reau of Land Management, as depicted on
2 the map entitled ‘‘Black Mountain/Pistone
3 Archaeological District’’ and dated May
4 12, 2020.
5 (ii) AVAILABILITY OF MAP.—The map
6 described in clause (i) shall be on file and
7 available for public inspection in the appro-
8 priate offices of the Bureau of Land Man-
9 agement.
10 (3) MANAGEMENT.—
11 (A) IN GENERAL.—The Secretary shall
12 manage the Conservation Area—
13 (i) in a manner that conserves, pro-
14 tects, and enhances the resources and val-
15 ues of the Conservation Area, including the
16 resources and values described in para-
17 graph (2)(A);
18 (ii) in accordance with—
19 (I) this subsection;
20 (II) the Federal Land Policy and
21 Management Act of 1976 (43 U.S.C.
22 1701 et seq.); and
23 (III) any other applicable law;
24 and
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1615
1 (iii) as a component of the National
2 Landscape Conservation System.
3 (B) USES.—The Secretary shall allow only
4 those uses of the Conservation Area that the
5 Secretary determines would further the pur-
6 poses of the Conservation Area.
7 (C) TRIBAL CULTURAL RESOURCES.—In
8 administering the Conservation Area, the Sec-

9 retary shall provide for—
10 (i) access to and use of cultural re-
11 sources by the Tribe at the Conservation
12 Area; and
13 (ii) the protection from disturbance of
14 the cultural resources and burial sites of
15 the Tribe located in the Conservation Area.
16 (D) COOPERATIVE AGREEMENTS.—The
17 Secretary may, in a manner consistent with this

18 subsection, enter into cooperative agreements
19 with the State of Nevada, affected Indian
20 tribes, and institutions and organizations to
21 carry out the purposes of this subsection, sub-
22 ject to the requirement that the Tribe shall be
23 a party to any cooperative agreement entered
24 into under this subparagraph.
25 (4) MANAGEMENT PLAN.—
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1 (A) IN GENERAL.—Not later than 2 years
3 retary shall develop a management plan for the
5 (B) CONSULTATION.—In developing the
6 management plan required under subparagraph
7 (A), the Secretary shall consult with—
8 (i) appropriate State, Tribal, and local
9 governmental entities; and
10 (ii) members of the public.
11 (C) REQUIREMENTS.—The management
12 plan developed under subparagraph (A) shall—
13 (i) describe the appropriate uses and
14 management of the Conservation Area;
15 (ii) incorporate, as appropriate, deci-
16 sions contained in any other management
17 or activity plan for the land in or adjacent
18 to the Conservation Area;
19 (iii) take into consideration any infor-
20 mation developed in studies of the land
21 and resources in or adjacent to the Con-
22 servation Area; and
23 (iv) provide for a cooperative agree-
24 ment with the Tribe to address the histor-
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1617
1 ical, archaeological, and cultural values of
2 the Conservation Area.
3 (5) WITHDRAWAL.—
4 (A) IN GENERAL.—Subject to valid exist-
5 ing rights, all public land in the Conservation
6 Area is withdrawn from—
7 (i) all forms of entry, appropriation,
8 and disposal under the public land laws;
9 (ii) location, entry, and patent under
10 the mining laws; and
11 (iii) disposition under all laws relating
12 to mineral and geothermal leasing or min-
13 eral materials.
14 (B) ADDITIONAL LAND.—If the Secretary
15 acquires mineral or other interests in a parcel
16 of land within the Conservation Area after the
17 date of enactment of this Act, the parcel is
18 withdrawn from operation of the laws referred
19 to in subparagraph (A) on the date of acquisi-
20 tion of the parcel.

23 graph (B), nothing in this subsection affects
24 the jurisdiction of the State of Nevada with re-
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1618
1 spect to fish and wildlife, including hunting,
2 fishing, and trapping in the Conservation Area.
3 (B) LIMITATIONS.—
4 (i) REGULATIONS.—The Secretary
5 may designate by regulation areas in
6 which, and establish periods during which,
7 no hunting, fishing, or trapping will be
8 permitted in the Conservation Area, for
9 reasons of public safety, administration, or
10 compliance with applicable laws.
11 (ii) CONSULTATION REQUIRED.—Ex-
12 cept in an emergency, the Secretary shall

13 consult with the appropriate State agency
14 and notify the public before taking any ac-
15 tion under clause (i).
16 (7) GRAZING.—In the case of land included in
17 the Conservation Area on which the Secretary per-
18 mitted, as of the date of enactment of this Act, live-
19 stock grazing, the livestock grazing shall be allowed
20 to continue, subject to applicable laws (including
21 regulations).
22 (8) NO BUFFER ZONES.—
23 (A) IN GENERAL.—Nothing in this sub-

24 section creates a protective perimeter or buffer
25 zone around the Conservation Area.
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1 (B) ACTIVITIES OUTSIDE CONSERVATION
2 AREA.—The fact that an activity or use on land

3 outside the Conservation Area can be seen or
4 heard within the Conservation Area shall not
5 preclude the activity or use outside the bound-
6 ary of the Conservation Area.
7 (9) MILITARY OVERFLIGHTS.—Nothing in this
8 subsection restricts or precludes—
9 (A) low-level overflights of military aircraft
10 over the Conservation Area, including military
11 overflights that can be seen or heard within the
12 Conservation Area;
13 (B) flight testing and evaluation; or
14 (C) the designation or creation of new
15 units of special use airspace, or the establish-
16 ment of military flight training routes, over the
18 (10) EFFECT ON WATER RIGHTS.—Nothing in
19 this subsection constitutes an express or implied res-
20 ervation of any water rights with respect to the Con-
21 servation Area.
22 SEC. 2904. COLLABORATION WITH STATE AND COUNTY.
23 It is the sense of Congress that the Secretary of the

24 Navy and Secretary of the Interior should collaborate with
25 the State of Nevada, Churchill County, Nevada, the city
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1620
1 of Fallon, Nevada, and affected Indian tribes with the goal
2 of preventing catastrophic wildfire and resource damage
3 in the land withdrawn or owned within the Fallon Range
4 Training Complex.
5 SEC. 2905. WILDERNESS AREAS IN CHURCHILL COUNTY,
6 NEVADA.

10 (2) WILDERNESS AREA.—The term ‘‘wilderness
11 area’’ means a wilderness area designated by sub-
12 section (b)(1).
13 (b) ADDITIONS TO NATIONAL WILDERNESS PRESER-
14 VATION SYSTEM.—
15 (1) ADDITIONS.—In accordance with the Wil-
16 derness Act (16 U.S.C. 1131 et seq.), the following
17 parcels of Federal land in Churchill County, Nevada,
18 are designated as wilderness and as components of
19 the National Wilderness Preservation System:
20 (A) CLAN ALPINE MOUNTAINS WILDER-
21 NESS.—Certain Federal land managed by the

22 Bureau of Land Management, comprising ap-
23 proximately 128,362 acres, as generally de-
24 picted on the map entitled ‘‘Churchill County
25 Proposed Fallon Range Training Complex Mod-
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1621
1 ernization and Lands Bill’’ and dated Novem-
2 ber 30, 2022, which shall be known as the
3 ‘‘Clan Alpine Mountains Wilderness’’.
4 (B) DESATOYA MOUNTAINS WILDER-
5 NESS.—Certain Federal land managed by the

6 Bureau of Land Management, comprising ap-
7 proximately 32,537 acres, as generally depicted
8 on the map entitled ‘‘Churchill County Pro-
9 posed Fallon Range Training Complex Mod-
10 ernization and Lands Bill’’ and dated Novem-
11 ber 30, 2022, which shall be known as the
12 ‘‘Desatoya Mountains Wilderness’’.
13 (C) CAIN MOUNTAIN WILDERNESS.—Cer-
14 tain Federal land managed by the Bureau of

15 Land Management, comprising approximately
16 7,664 acres, as generally depicted on the map
17 entitled ‘‘Churchill County Proposed Fallon
18 Range Training Complex Modernization and
19 Lands Bill’’ and dated November 30, 2022,
20 which shall be known as the ‘‘Cain Mountain
21 Wilderness’’.
22 (2) BOUNDARY.—The boundary of any portion
23 of a wilderness area that is bordered by a road shall
24 be at least 150 feet from the edge of the road.
25 (3) MAP AND LEGAL DESCRIPTION.—
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1 (A) IN GENERAL.—As soon as practicable
3 retary shall prepare a map and legal description
4 of each wilderness area.
5 (B) EFFECT.—Each map and legal de-
6 scription prepared under subparagraph (A)
7 shall have the same force and effect as if in-
8 cluded in this section, except that the Secretary
9 may correct clerical and typographical errors in
10 the map or legal description.
11 (C) AVAILABILITY.—Each map and legal
12 description prepared under subparagraph (A)
13 shall be on file and available for public inspec-
14 tion in the appropriate offices of the Bureau of
15 Land Management.
16 (4) WITHDRAWAL.—Subject to valid existing
17 rights, each wilderness area is withdrawn from—
18 (A) all forms of entry, appropriation, and
19 disposal under the public land laws;
20 (B) location, entry, and patent under the
21 mining laws; and
22 (C) operation of the mineral leasing and
23 geothermal leasing laws.
24 (c) MANAGEMENT.—Subject to valid existing rights,
25 each wilderness area shall be administered by the Sec-
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December 6, 2022 (7:20 p.m.)
1623
1 retary in accordance with the Wilderness Act (16 U.S.C.
2 1131 et seq.), except that—
3 (1) any reference in that Act to the effective
4 date of that Act shall be considered to be a reference
5 to the date of enactment of this Act; and
6 (2) any reference in that Act to the Secretary
7 of Agriculture shall be considered to be a reference
8 to the Secretary of the Interior.
9 (d) LIVESTOCK.—The grazing of livestock in a wil-
10 derness area administered by the Bureau of Land Man-
11 agement, if established as of the date of enactment of this
12 Act, shall be allowed to continue, subject to such reason-
13 able regulations, policies, and practices as the Secretary
14 considers necessary, in accordance with—
15 (1) section 4(d)(4) of the Wilderness Act (16
16 U.S.C. 1133(d)(4)); and
17 (2) the guidelines set forth in Appendix A of
18 the report of the Committee on Interior and Insular
19 Affairs of the House of Representatives accom-
20 panying H.R. 2570 of the 101st Congress (House
21 Report 101–405).
22 (e) INCORPORATION OF ACQUIRED LAND AND INTER-
23 ESTS.—Any land or interest in land within the boundaries
24 of a wilderness area that is acquired by the United States
25 after the date of enactment of this Act shall be added to
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1 and administered as part of the wilderness area within
2 which the acquired land or interest is located.
3 (f) WATER RIGHTS.—
4 (1) FINDINGS.—Congress finds that—
5 (A) the wilderness areas—
6 (i) are located in the semiarid region
7 of the Great Basin region; and
8 (ii) include ephemeral and perennial
9 streams;
10 (B) the hydrology of the wilderness areas
11 is predominantly characterized by complex flow
12 patterns and alluvial fans with impermanent
13 channels;
14 (C) the subsurface hydrogeology of the re-
15 gion in which the wilderness areas are located
16 is characterized by—
17 (i) groundwater subject to local and
18 regional flow gradients; and
19 (ii) unconfined and artesian condi-
20 tions;
21 (D) the wilderness areas are generally not
22 suitable for use or development of new water re-
23 source facilities; and
24 (E) because of the unique nature and hy-
25 drology of the desert land in the wilderness
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1 areas, it is possible to provide for proper man-
2 agement and protection of the wilderness areas
3 and other values of land in ways different from
4 those used in other laws.
5 (2) STATUTORY CONSTRUCTION.—Nothing in
6 this subsection—
7 (A) constitutes an express or implied res-
8 ervation by the United States of any water or
9 water rights with respect to the wilderness
10 areas;
11 (B) affects any water rights in the State of
12 Nevada (including any water rights held by the
13 United States) in existence on the date of en-
14 actment of this Act;
15 (C) establishes a precedent with regard to
16 any future wilderness designations;
17 (D) affects the interpretation of, or any
18 designation made under, any other Act; or
19 (E) limits, alters, modifies, or amends any
20 interstate compact or equitable apportionment
21 decree that apportions water among and be-
22 tween the State of Nevada and other States.
23 (3) NEVADA WATER LAW.—The Secretary shall
24 follow the procedural and substantive requirements
25 of Nevada State law in order to obtain and hold any
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1 water rights not in existence on the date of enact-
2 ment of this Act with respect to the wilderness
3 areas.
4 (4) NEW PROJECTS.—
5 (A) DEFINITION OF WATER RESOURCE FA-
6 CILITY.—
7 (i) IN GENERAL.—In this paragraph,

8 the term ‘‘water resource facility’’ means
9 irrigation and pumping facilities, res-
10 ervoirs, water conservation works, aque-
11 ducts, canals, ditches, pipelines, wells, hy-
12 dropower projects, transmission and other
13 ancillary facilities, and other water diver-
14 sion, storage, and carriage structures.
15 (ii) EXCLUSION.—In this paragraph,
16 the term ‘‘water resource facility’’ does not
17 include wildlife guzzlers.
18 (B) RESTRICTION ON NEW WATER RE-
19 SOURCE FACILITIES.—Except as otherwise pro-

20 vided in this section, on and after the date of
21 enactment of this Act, neither the President nor
22 any other officer, employee, or agent of the
23 United States shall fund, assist, authorize, or
24 issue a license or permit for the development of
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1 any new water resource facility within a wilder-
2 ness area.
3 (g) WILDFIRE, INSECTS, AND DISEASE.—In accord-
4 ance with section 4(d)(1) of the Wilderness Act (16 U.S.C.
5 1133(d)(1)), the Secretary may take such measures in a
6 wilderness area as are necessary for the control of fire,
7 insects, and diseases (including, as the Secretary deter-
8 mines to be appropriate, the coordination of the activities
9 with a State or local agency).
10 (h) DATA COLLECTION.—Subject to such terms and
11 conditions as the Secretary may prescribe, nothing in this
12 section precludes the installation and maintenance of hy-
13 drologic, meteorological, or climatological collection de-
14 vices in a wilderness area, if the Secretary determines that
15 the devices and access to the devices are essential to flood
16 warning, flood control, or water reservoir operation activi-
17 ties.
18 (i) MILITARY OVERFLIGHTS.—Nothing in this sec-
19 tion restricts or precludes—
20 (1) low-level overflights of military aircraft over
21 a wilderness area, including military overflights that
22 can be seen or heard within a wilderness area;
23 (2) flight testing and evaluation; or
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1 (3) the designation or creation of new units of
2 special use airspace, or the establishment of military
3 flight training routes, over a wilderness area.
4 (j) WILDLIFE MANAGEMENT.—
5 (1) IN GENERAL.—In accordance with section
6 4(d)(7) of the Wilderness Act (16 U.S.C.
7 1133(d)(7)), nothing in this chapter affects or di-
8 minishes the jurisdiction of the State of Nevada with
9 respect to fish and wildlife management, including
10 the regulation of hunting, fishing, and trapping, in
11 the wilderness areas.
12 (2) MANAGEMENT ACTIVITIES.—In furtherance
13 of the purposes and principles of the Wilderness Act
14 (16 U.S.C. 1131 et seq.), the Secretary may conduct
15 any management activities in the wilderness areas
16 that are necessary to maintain or restore fish and
17 wildlife populations and the habitats to support the
18 populations, if the activities are carried out—
19 (A) consistent with relevant wilderness
20 management plans; and
21 (B) in accordance with—
22 (i) the Wilderness Act (16 U.S.C.
23 1131 et seq.); and
24 (ii) appropriate policies, such as those
25 set forth in Appendix B of the report of
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1 the Committee on Interior and Insular Af-
2 fairs of the House of Representatives ac-
3 companying H.R. 2570 of the 101st Con-
4 gress (House Report 101–405), including
5 the occasional and temporary use of motor-
6 ized vehicles, if the use, as determined by
7 the Secretary, would promote healthy, via-
8 ble, and more naturally distributed wildlife
9 populations that would enhance wilderness
10 values with the minimal impact necessary
11 to reasonably accomplish those tasks.
12 (3) EXISTING ACTIVITIES.—In accordance with
13 section 4(d)(1) of the Wilderness Act (16 U.S.C.
14 1133(d)(1)) and in accordance with appropriate poli-
15 cies such as those set forth in Appendix B of the
16 Committee on Interior and Insular Affairs of the
17 House of Representatives accompanying H.R. 2570
18 of the 101st Congress (House Report 101–405), the
19 State may continue to use aircraft (including heli-
20 copters) to survey, capture, transplant, monitor, and
21 provide water for wildlife populations.
22 (4) WILDLIFE WATER DEVELOPMENT
23 PROJECTS.—Subject to subsection (f), the Secretary

24 shall authorize structures and facilities, including ex-
25 isting structures and facilities, for wildlife water de-
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1630
1 velopment projects, including guzzlers, in the wilder-
2 ness areas if—
3 (A) the structures and facilities would, as
4 determined by the Secretary, enhance wilder-
5 ness values by promoting healthy, viable, and
6 more naturally distributed wildlife populations;
7 and
8 (B) the visual impacts of the structures
9 and facilities on the wilderness areas can rea-
10 sonably be minimized.
12 (A) IN GENERAL.—The Secretary may des-

13 ignate areas in which, and establish periods
14 during which, for reasons of public safety, ad-
15 ministration, or compliance with applicable
16 laws, no hunting, fishing, or trapping will be
17 permitted in the wilderness areas.
18 (B) CONSULTATION.—Except in emer-
19 gencies, the Secretary shall consult with the ap-
20 propriate State agency and notify the public be-
21 fore taking any action under subparagraph (A).
22 (6) COOPERATIVE AGREEMENT.—
23 (A) IN GENERAL.—The State of Nevada,

24 including a designee of the State, may conduct
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1 wildlife management activities in the wilderness
2 areas—
3 (i) in accordance with the terms and
4 conditions specified in the cooperative
5 agreement between the Secretary and the
6 State entitled ‘‘Memorandum of Under-
7 standing between the Bureau of Land
8 Management and the Nevada Department
9 of Wildlife Supplement No. 9’’ and signed
10 November and December 2003, including
11 any amendments to the cooperative agree-
12 ment agreed to by the Secretary and the
13 State of Nevada; and
14 (ii) subject to all applicable laws (in-
15 cluding regulations).
16 (B) REFERENCES.—For the purposes of
17 this subsection, any references to Clark County,
18 Nevada, in the cooperative agreement described
19 this paragraph shall be considered to be a ref-
20 erence to Churchill or Lander County, Nevada,
21 as applicable.
22 SEC. 2906. RELEASE OF WILDERNESS STUDY AREAS.
23 (a) FINDING.—Congress finds that, for the purposes

24 of section 603(c) of the Federal Land Policy and Manage-
25 ment Act of 1976 (43 U.S.C. 1782(c)), the public land
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1 in Churchill County, Nevada, that is administered by the
2 Bureau of Land Management in the following areas has
3 been adequately studied for wilderness designation:
4 (1) The Stillwater Range Wilderness Study
5 Area.
6 (2) The Job Peak Wilderness Study Area.
7 (3) The Clan Alpine Mountains Wilderness
8 Study Area.
9 (4) That portion of the Augusta Mountains
10 Wilderness Study Area located in Churchill County,
11 Nevada.
12 (5) That portion of the Desatoya Mountains
13 Wilderness Study Area located in Churchill County,
14 Nevada.
15 (6) Any portion of any other wilderness study
16 area located in Churchill County, Nevada, that is
17 not a wilderness area.
18 (b) RELEASE.—The portions of the public land de-
19 scribed in subsection (a) not designated as wilderness by
20 section 2905(b)—
21 (1) are no longer subject to section 603(c) of
22 the Federal Land Policy and Management Act of
23 1976 (43 U.S.C. 1782(c)); and
24 (2) shall be managed in accordance with—
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1 (A) land management plans adopted under
2 section 202 of that Act (43 U.S.C. 1712); and
3 (B) existing cooperative conservation
4 agreements.
5 SEC. 2907. LAND CONVEYANCES AND EXCHANGES.

7 (1) CITY.—The term ‘‘City’’ means the city of
8 Fallon, Nevada.
9 (2) PUBLIC PURPOSE.—The term ‘‘public pur-
10 pose’’ includes any of the following:
11 (A) The construction and operation of a
12 new fire station for Churchill County, Nevada.
13 (B) The operation or expansion of an ex-
14 isting wastewater treatment facility for Church-
15 ill County, Nevada.
16 (C) The operation or expansion of existing
17 gravel pits and rock quarries of Churchill Coun-
18 ty, Nevada.
19 (D) The operation or expansion of an ex-
20 isting City landfill.
21 (b) PUBLIC PURPOSE CONVEYANCES.—
22 (1) IN GENERAL.—Notwithstanding section 202
23 of the Federal Land Policy and Management Act of
24 1976 (43 U.S.C. 1712), the Secretary of the Interior
25 shall convey, subject to valid existing rights and
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1 paragraph (2), for no consideration, all right, title,
2 and interest of the United States in approximately
3 6,892 acres of Federal land to Churchill County,
4 Nevada, and 212 acres of land to the City identified
5 as ‘‘Public Purpose Conveyances to Churchill County
6 and City of Fallon’’ on the map entitled ‘‘Churchill
7 County Proposed Fallon Range Training Complex
8 Modernization and Lands Bill’’ and dated November
9 30, 2022.
10 (2) USE.—Churchill County, Nevada, and the
11 City shall use the Federal land conveyed under para-
12 graph (1) for public purposes and the construction
13 and operation of public recreational facilities.
14 (3) REVERSIONARY INTEREST.—If a parcel of
15 Federal land conveyed to Churchill County, Nevada,
16 under paragraph (1) ceases to be used for public
17 recreation or other public purposes consistent with
18 the Act of June 14, 1926 (commonly known as the
19 ‘‘Recreation and Public Purposes Act’’; 43 U.S.C.
20 869 et seq.), the parcel of Federal land shall, at the
21 discretion of the Secretary of the Interior, revert to
22 the United States.
23 (4) GRAVEL PIT AND ROCK QUARRY ACCESS.—
24 Churchill County, Nevada, shall provide at no cost

25 to the Department of the Interior access to and use
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1 of any existing gravel pits and rock quarries con-
2 veyed to Churchill County, Nevada, under this sec-
3 tion.
4 (c) EXCHANGE.—The Secretary of the Interior shall
5 seek to enter into an agreement for an exchange with
6 Churchill County, Nevada, for the land identified as
7 ‘‘Churchill County Conveyance to the Department of Inte-
8 rior’’ in exchange for the land administered by the Sec-
9 retary of the Interior identified as ‘‘Department of Inte-
10 rior Conveyance to Churchill County’’ on the map entitled
11 ‘‘Churchill County Proposed Fallon Range Training Com-
12 plex Modernization and Lands Bill’’ and dated November
13 30, 2022.
14 SEC. 2908. CHECKERBOARD RESOLUTION.
15 (a) IN GENERAL.—The Secretary of the Interior, in

16 consultation with Churchill County, Nevada, and land-
17 owners in Churchill County, Nevada, and after providing
18 an opportunity for public comment, shall seek to consoli-
19 date Federal land and non-Federal land ownership in
20 Churchill County, Nevada.
21 (b) LAND EXCHANGES.—
22 (1) LAND EXCHANGE AUTHORITY.—To the ex-
23 tent practicable, the Secretary of the Interior shall
24 offer to exchange land identified for exchange under
25 paragraph (3) for private land in Churchill County,
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1 Nevada, that is adjacent to Federal land in Church-
2 ill County, Nevada, if the exchange would consoli-
3 date land ownership and facilitate improved land
4 management in Churchill County, Nevada, as deter-
5 mined by the Secretary of the Interior.
6 (2) APPLICABLE LAW.—Except as otherwise
7 provided in this section, a land exchange under this
8 section shall be conducted in accordance with—
9 (A) section 206 of the Federal Land Policy
10 and Management Act of 1976 (43 U.S.C.
11 1716); and
12 (B) any other applicable law.
13 (3) IDENTIFICATION OF FEDERAL LAND FOR
14 EXCHANGE.—The Secretary of the Interior shall

15 identify appropriate Federal land in Churchill Coun-
16 ty, Nevada, to offer for exchange from Federal land
17 identified as potentially suitable for disposal in an
18 applicable resource management plan and managed
19 by—
20 (A) the Commissioner of Reclamation; or
21 (B) the Director of the Bureau of Land
22 Management.
23 (c) EQUAL VALUE LAND EXCHANGES.—
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1 (1) IN GENERAL.—Land to be exchanged under
2 this section shall be of equal value, based on ap-
3 praisals prepared in accordance with—
4 (A) the Uniform Standards for Profes-
5 sional Land Acquisitions; and
6 (B) the Uniform Standards of Professional
7 Appraisal Practice.
8 (2) USE OF MASS APPRAISALS.—

10 graph (B), the Secretary of the Interior may
11 use a mass appraisal to determine the value of
12 land to be exchanged under this section, if the
13 Secretary of the Interior determines that the
14 land to be subject to the mass appraisal is of
15 similar character and value.
16 (B) EXCLUSION.—The Secretary of the In-
17 terior shall exclude from a mass appraisal
18 under subparagraph (A) any land, the value of
19 which is likely to exceed $250 per acre, as de-
20 termined by the Secretary of the Interior.
21 (C) AVAILABILITY.—The Secretary of the
22 Interior shall make the results of a mass ap-
23 praisal conducted under subparagraph (A)
24 available to the public.
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1 (d) FUNDING ELIGIBILITY.—Section 4(e)(3)(A) of
2 the Southern Nevada Public Land Management Act of
4 amended—
5 (1) in clause (iv) by inserting ‘‘Churchill,’’ after
6 ‘‘Lincoln,’’;
7 (2) in clause (x) by striking ‘‘Nevada; and’’ and
8 inserting ‘‘Nevada;’’;
9 (3) in clause (xi) by striking ‘‘paragraph
10 (2)(A).’’ and inserting ‘‘paragraph (2)(A); and’’; and
12 ‘‘(xii) reimbursement of costs incurred
13 by the Secretary in the identification, im-
14 plementation, and consolidation of Federal
15 and non-Federal lands in Churchill County
16 in accordance with section 2908 of division
17 B of the James M. Inhofe National De-
18 fense Authorization Act for Fiscal Year
19 2023.’’.
20 Subtitle B—Lander County Eco-
21 nomic Development and Con-
22 servation
23 SEC. 2911. DEFINITIONS.
24 In this subtitle:
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1 (1) COUNTY.—The term ‘‘County’’ means
2 Lander County, Nevada.
5 (3) STATE.—The term ‘‘State’’ means the State
6 of Nevada.
7 PART I—LANDER COUNTY PUBLIC PURPOSE
8 LAND CONVEYANCES
10 In this part:
11 (1) MAP.—The term ‘‘Map’’ means the map en-
12 titled ‘‘Lander County Selected Lands’’ and dated
13 August 4, 2020.
14 (2) SECRETARY CONCERNED.—The term ‘‘Sec-
15 retary concerned’’ means—
16 (A) the Secretary, with respect to land
17 under the jurisdiction of the Secretary; and
18 (B) the Secretary of Agriculture, acting
19 through the Chief of the Forest Service, with
20 respect to National Forest System land.
21 SEC. 2922. CONVEYANCES TO LANDER COUNTY, NEVADA.
22 (a) CONVEYANCE FOR WATERSHED PROTECTION,

23 RECREATION, AND PARKS.—Notwithstanding the land use
24 planning requirements of sections 202 and 203 of the Fed-
25 eral Land Policy and Management Act of 1976 (43 U.S.C.
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1 1712, 1713), not later than 60 days after the date on
2 which the County identifies and selects the parcels of Fed-
3 eral land for conveyance to the County from among the
4 parcels identified on the Map as ‘‘Lander County Parcels
5 BLM and USFS’’ and dated August 4, 2020, the Sec-
6 retary concerned shall convey to the County, subject to
7 valid existing rights and for no consideration, all right,
8 title, and interest of the United States in and to the identi-
9 fied parcels of Federal land (including mineral rights) for
10 use by the County for watershed protection, recreation,
11 and parks.
12 (b) CONVEYANCE FOR AIRPORT FACILITY.—
13 (1) IN GENERAL.—Notwithstanding the land
14 use planning requirements of sections 202 and 203
15 of the Federal Land Policy and Management Act of
16 1976 (43 U.S.C. 1712, 1713), the Secretary con-
17 cerned shall convey to the County, subject to valid
18 existing rights, including mineral rights, all right,
19 title, and interest of the United States in and to the
20 parcels of Federal land identified on the Map as
21 ‘‘Kingston Airport’’ for the purpose of improving the
22 relevant airport facility and related infrastructure.
23 (2) COSTS.—The only costs for the conveyance
24 to be paid by the County under paragraph (1) shall
25 be the survey costs relating to the conveyance.
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1 (c) SURVEY.—The exact acreage and legal descrip-
2 tion of any parcel of Federal land to be conveyed under
3 subsection (a) or (b) shall be determined by a survey satis-
4 factory to the Secretary concerned and the County.
5 (d) REVERSIONARY INTEREST.—If a parcel of Fed-
6 eral land conveyed to the County under subsections (a)
7 or (b) ceases to be used for public recreation or other pub-
8 lic purposes consistent with the Act of June 14, 1926
9 (commonly known as the ‘‘Recreation and Public Purposes
10 Act’’; 43 U.S.C. 869 et seq.), the parcel of Federal land
11 shall, at the discretion of the Secretary of the Interior,
12 revert to the United States.
13 (e) MAP, ACREAGE ESTIMATES, AND LEGAL DE-
14 SCRIPTIONS.—
15 (1) MINOR ERRORS.—The Secretary concerned

16 and the County may, by mutual agreement—
17 (A) make minor boundary adjustments to
18 the parcels of Federal land to be conveyed
19 under subsection (a) or (b); and
20 (B) correct any minor errors in—
21 (i) the Map; or
22 (ii) an acreage estimate or legal de-
23 scription of any parcel of Federal land con-
24 veyed under subsection (a) or (b).
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1 (2) CONFLICT.—If there is a conflict between
2 the Map, an acreage estimate, or a legal description
3 of Federal land conveyed under subsection (a) or
4 (b), the Map shall control unless the Secretary con-
5 cerned and the County mutually agree otherwise.
6 (3) AVAILABILITY.—The Secretary shall make
7 the Map available for public inspection in—
8 (A) the Office of the Nevada State Direc-
9 tor of the Bureau of Land Management; and
10 (B) the Bureau of Land Management Bat-
11 tle Mountain Field Office.
12 PART II—LANDER COUNTY WILDERNESS AREAS
14 In this part:
15 (1) MAP.—The term ‘‘Map’’ means the map en-
16 titled ‘‘Lander County Wilderness Areas Proposal’’
17 and dated April 19, 2021.
18 (2) WILDERNESS AREA.—The term ‘‘wilderness
19 area’’ means a wilderness area designated by section
20 2932(a).
21 SEC. 2932. DESIGNATION OF WILDERNESS AREAS.
22 (a) IN GENERAL.—In accordance with the Wilderness

23 Act (16 U.S.C. 1131 et seq.), the following land in the
24 State of Nevada is designated as wilderness and as compo-
25 nents of the National Wilderness Preservation System:
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1 (1) CAIN MOUNTAIN WILDERNESS.—Certain
2 Federal land managed by the Director of the Bureau

3 of Land Management, comprising approximately
4 6,386 acres, generally depicted as ‘‘Cain Mountain
5 Wilderness’’ on the Map, which shall be part of the
6 Cain Mountain Wilderness designated by section
7 2905(b) of this title.
8 (2) DESATOYA MOUNTAINS WILDERNESS.—Cer-
9 tain Federal land managed by the Director of the

10 Bureau of Land Management, comprising approxi-
11 mately 7,766 acres, generally depicted as ‘‘Desatoya
12 Mountains Wilderness’’ on the Map, which shall be
13 part of the Desatoya Mountains Wilderness des-
14 ignated by section 2905(b) of this title.
15 (b) MAP AND LEGAL DESCRIPTION.—
16 (1) IN GENERAL.—As soon as practicable after
17 the date of enactment of this Act, the Secretary
18 shall file with, and make available for inspection in,
19 the appropriate offices of the Bureau of Land Man-
20 agement, a map and legal description of each wilder-
21 ness area.
22 (2) EFFECT.—Each map and legal description
23 filed under paragraph (1) shall have the same force
24 and effect as if included in this chapter, except that
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1 the Secretary may correct clerical and typographical
2 errors in the map or legal description.
3 (c) ADMINISTRATION OF WILDERNESS AREAS.—The
4 wilderness areas designated in subsection (a) shall be ad-
5 ministered in accordance with the Wilderness Act (16
6 U.S.C. 1131 et seq.) and the wilderness management pro-
7 visions in section 2905 of this title.
8 SEC. 2933. RELEASE OF WILDERNESS STUDY AREAS.
9 (a) FINDING.—Congress finds that, for the purposes

10 of section 603(c) of the Federal Land Policy and Manage-
11 ment Act of 1976 (43 U.S.C. 1782(c)), the following pub-
12 lic land in the County has been adequately studied for wil-
13 derness designation:
14 (1) The approximately 10,777 acres of the Au-
15 gusta Mountain Wilderness Study Area within the
16 County that has not been designated as wilderness
17 by section 2902(a) of this title.
18 (2) The approximately 1,088 acres of the
19 Desatoya Wilderness Study Area within the County
20 that has not been designated as wilderness by sec-
21 tion 2902(a) of this title.
22 (b) RELEASE.—The public land described in sub-
23 section (a)—
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1645
1 (1) is no longer subject to section 603(c) of the
2 Federal Land Policy and Management Act of 1976
3 (43 U.S.C. 1782(c)); and
4 (2) shall be managed in accordance with the ap-
5 plicable land use plans adopted under section 202 of
6 the Federal Land Policy and Management Act of
7 1976 (43 U.S.C. 1712).
8 DIVISION C—DEPARTMENT OF
9 ENERGY NATIONAL SECURITY
10 AUTHORIZATIONS AND
11 OTHER AUTHORIZATIONS
12 TITLE XXXI—DEPARTMENT OF
13 ENERGY NATIONAL SECURITY
14 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. Requirements for specific request for new or modified nuclear weap-
ons.
Sec. 3112. Modifications to long-term plan for meeting national security re-
quirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant projects.
Sec. 3114. Update to plan for deactivation and decommissioning of non-
operational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation threats at
vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for labora-
tory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security Administra-
tion.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
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Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2
warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to the
Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to plutonium
pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced manu-
facturing development.
Sec. 3126. Authorization of workforce development and training partnership
programs within National Nuclear Security Administration.
Sec. 3131. Modification to certain reporting requirements.

Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense Act and
other provisions.
1 Subtitle A—National Security

2 Programs and Authorizations
3 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
4 TION.

6 are hereby authorized to be appropriated to the Depart-
7 ment of Energy for fiscal year 2023 for the activities of
8 the National Nuclear Security Administration in carrying
9 out programs as specified in the funding table in section
10 4701.
11 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—
12 From funds referred to in subsection (a) that are available
13 for carrying out plant projects, the Secretary of Energy
14 may carry out new plant projects for the National Nuclear
15 Security Administration as follows:
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1 Project 23–D–516, Energetic Materials Charac-
2 terization Facility, Los Alamos National Laboratory,
3 Los Alamos, New Mexico, $19,000,000.
4 Project 23–D–517, Electrical Power Capacity
5 Upgrade, Los Alamos National Laboratory, Los Ala-
6 mos, New Mexico, $24,000,000.
7 Project 23–D–518, Plutonium Modernization
8 Operations & Waste Management Office Building,
9 Los Alamos National Laboratory, Los Alamos, New
10 Mexico, $48,500,000.
11 Project 23–D–519, Special Materials Facility,
12 Y–12 National Security Complex, Oak Ridge, Ten-
13 nessee, $49,500,000.
14 Project 23–D–533, Component Test Complex
15 Project, Bettis Atomic Power Laboratory, West
16 Mifflin, Pennsylvania, $57,420,000.
17 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

19 are hereby authorized to be appropriated to the Depart-
20 ment of Energy for fiscal year 2023 for defense environ-
21 mental cleanup activities in carrying out programs as
22 specified in the funding table in section 4701.
23 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—
24 From funds referred to in subsection (a) that are available
25 for carrying out plant projects, the Secretary of Energy
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1 may carry out, for defense environmental cleanup activi-
2 ties, the following new plant projects:
3 Project 23–D–402, Calcine Construction, Idaho
4 National Laboratory, Idaho Falls, Idaho,
5 $10,000,000.
6 Project 23–D–403, Hanford 200 West Area
7 Tank Farms Risk Management Project, Office of
8 River Protection, Richland, Washington, $4,408,000.
9 Project 23–D–404, 181D Export Water System
10 Reconfiguration and Upgrade, Hanford Site, Rich-
11 land, Washington, $6,770,000.
12 Project 23–D–405, 181B Export Water System
13 Reconfiguration and Upgrade, Hanford Site, Rich-
14 land, Washington, $480,000.
15 SEC. 3103. OTHER DEFENSE ACTIVITIES.
16 Funds are hereby authorized to be appropriated to

17 the Department of Energy for fiscal year 2023 for other
18 defense activities in carrying out programs as specified in
20 SEC. 3104. NUCLEAR ENERGY.
21 Funds are hereby authorized to be appropriated to

22 the Department of Energy for fiscal year 2023 for nuclear
23 energy as specified in the funding table in section 4701.
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1 Subtitle B—Program Authoriza-
2 tions, Restrictions, and Limita-
3 tions
4 SEC. 3111. REQUIREMENTS FOR SPECIFIC REQUEST FOR
5 NEW OR MODIFIED NUCLEAR WEAPONS.
6 Section 4209 of the Atomic Energy Defense Act (50

9 (A) in paragraph (1), by inserting ‘‘beyond
10 phase 1 or phase 6.1 (as the case may be) of
11 the nuclear weapon acquisition process’’ after
12 ‘‘modified nuclear weapon’’; and
13 (B) in paragraph (2), by striking ‘‘research
14 and development which could lead to the pro-
15 duction’’ both places it appears and inserting
16 ‘‘research and development for the production’’;
17 (2) by striking subsection (b) and inserting the
19 ‘‘(b) BUDGET REQUEST FORMAT.—In a request for
20 funds under subsection (a), the Secretary shall include a
21 dedicated line item for each activity described in sub-
22 section (a)(2) for a new nuclear weapon or modified nu-
23 clear weapon that is in phase 2 or higher or phase 6.2
24 or higher (as the case may be) of the nuclear weapon ac-
25 quisition process.’’; and
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1 (3) by striking subsection (c) and inserting the
3 ‘‘(c) NOTIFICATION AND BRIEFING OF NONCOVERED
4 ACTIVITIES.—In any fiscal year after fiscal year 2022, the
5 Secretary of Energy, acting through the Administrator, in
6 conjunction with the annual submission of the budget of
7 the President to Congress pursuant to section 1105 of title
8 31, United States Code, shall notify the congressional de-
9 fense committees of—
10 ‘‘(1) any activities described in subsection
11 (a)(2) relating to the development of a new nuclear
12 weapon or modified nuclear weapon that, during the
13 calendar year prior to the budget submission, were
14 carried out prior to phase 2 or phase 6.2 (as the
15 case may be) of the nuclear weapon acquisition proc-
16 ess; and
17 ‘‘(2) any plans to carry out, prior to phase 2 or
18 phase 6.2 (as the case may be) of the nuclear weap-
19 on acquisition process, activities described in sub-
20 section (a)(2) relating to the development of a new
21 nuclear weapon or modified nuclear weapon during
22 the fiscal year covered by that budget.’’.
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1 SEC. 3112. MODIFICATIONS TO LONG-TERM PLAN FOR
2 MEETING NATIONAL SECURITY REQUIRE-
3 MENTS FOR UNENCUMBERED URANIUM.
4 (a) TIMING.—Subsection (a) of section 4221 of the

5 Atomic Energy Defense Act (50 U.S.C. 2538c) is amend-
6 ed—
7 (1) by striking ‘‘each even-numbered year
8 through 2026’’ and inserting ‘‘each odd-numbered
9 year through 2031’’; and
10 (2) by striking ‘‘2065’’ and inserting ‘‘2070’’.
11 (b) PLAN REQUIREMENTS.—Subsection (b) of such
12 section is amended—
13 (1) in paragraph (3), by inserting ‘‘through
14 2070’’ after ‘‘unencumbered uranium’’;
16 (8) as paragraphs (5) through (9), respectively;
19 ‘‘(4) An assessment of current and projected
20 unencumbered uranium production by private indus-
21 try in the United States that could support future
22 defense requirements.’’; and
23 (4) by striking paragraphs (8) and (9), as so
24 redesignated, and inserting the following new para-
25 graphs:
26 ‘‘(8) An assessment of—
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1 ‘‘(A) when additional enrichment of ura-
2 nium will be required to meet national security
3 requirements; and
4 ‘‘(B) the options the Secretary is consid-
5 ering to meet such requirements, including an
6 estimated cost and timeline for each option and
7 a description of any changes to policy or law
8 that the Secretary determines would be required
9 for each option.
10 ‘‘(9) An assessment of how options to provide
11 additional enriched uranium to meet national secu-
12 rity requirements could, as an additional benefit,
13 contribute to the establishment of a sustained do-
14 mestic enrichment capacity and allow the commer-
15 cial sector of the United States to reduce reliance on
16 importing uranium from adversary countries.’’.
17 (c) COMPTROLLER GENERAL REVIEW.—Such section
18 is further amended—
19 (1) by redesignating subsection (d) as sub-
20 section (e); and
23 ‘‘(d) COMPTROLLER GENERAL BRIEFING.—Not later
24 than 180 days after the date on which the congressional
25 defense committees receive each plan under subsection (a),
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1 the Comptroller General of the United States shall provide
3 Representatives and the Senate a briefing that includes
4 an assessment of the plan.’’.
5 SEC. 3113. MODIFICATION OF MINOR CONSTRUCTION
6 THRESHOLD FOR PLANT PROJECTS.
7 (a) THRESHOLD.—Paragraph (2) of section 4701 of

8 the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is
9 amended to read as follows:
10 ‘‘(2)(A) Except as provided by subparagraphs
11 (B) and (C), the term ‘minor construction threshold’
12 means $30,000,000.
13 ‘‘(B) During the period beginning on the date
14 of the enactment of the National Defense Authoriza-
15 tion Act for Fiscal Year 2023 and ending on Novem-
16 ber 30, 2025, the Administrator may calculate the
17 amount specified in subparagraph (A) based on fis-
18 cal year 2022 constant dollars if the Adminis-
19 trator—
20 ‘‘(i) submits to the congressional defense
21 committees a report on the method used by the
22 Administrator to calculate the adjustment;
23 ‘‘(ii) a period of 30 days elapses following
24 the date of such submission; and
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1 ‘‘(iii) publishes the adjusted amount in the
2 Federal Register.
3 ‘‘(C) Beginning on December 1, 2025, the term
4 ‘minor construction threshold’ means—
5 ‘‘(i) $30,000,000; or
6 ‘‘(ii) if the Administrator calculated a dif-
7 ferent amount pursuant to subparagraph (B),
8 the last such calculated amount as published in
9 the Federal Register under clause (iii) of such
10 subparagraph.’’.
11 (b) REPORTS.—Section 4703(b) of such Act (50
12 U.S.C. 2743) is amended by adding at the end the fol-
13 lowing: ‘‘The report shall include with respect to each
14 project the following:’’
15 ‘‘(1) The estimated original total project cost
16 and the estimated original date of completion.
17 ‘‘(2) The percentage of the project that is com-
18 plete.
19 ‘‘(3) The current estimated total project cost
20 and estimated date of completion.’’.
21 SEC. 3114. UPDATE TO PLAN FOR DEACTIVATION AND DE-
22 COMMISSIONING OF NONOPERATIONAL DE-
23 FENSE NUCLEAR FACILITIES.
24 Section 4423 of the Atomic Energy Defense Act (50

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1655
1 (1) in subsection (a), by striking ‘‘during each
2 even-numbered year beginning in 2016’’; and insert-
3 ing ‘‘every four years beginning in 2025’’;
5 (A) by striking ‘‘2016’’ and inserting
6 ‘‘2025’’;
7 (B) by striking ‘‘2019’’ and inserting
8 ‘‘2029’’; and
9 (C) by striking ‘‘determines—’’ and all
10 that follows and inserting ‘‘determines are non-
11 operational as of September 30, 2024.’’;
13 (A) by striking ‘‘Not later than March 31
14 of each even-numbered year beginning in 2016’’
15 and inserting ‘‘Not later than March 31, 2025,
16 and every four years thereafter,’’;
17 (B) by striking ‘‘submitting during 2016’’
18 and inserting ‘‘submitted during 2025’’; and
19 (C) by striking paragraph (4) and insert-
20 ing the following new paragraph:
21 ‘‘(4) a description of the deactivation and de-
22 commissioning actions taken at each nonoperational
23 defense nuclear facility during the period following
24 the date on which the previous report required by
25 this section was submitted.’’; and
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1 (4) in subsection (e), by striking ‘‘2026’’ and
3 SEC. 3115. USE OF ALTERNATIVE TECHNOLOGIES TO ELIMI-
4 NATE PROLIFERATION THREATS AT VULNER-
5 ABLE SITES.
6 Section 4306B of the Atomic Energy Defense Act (50

8 (1) in subsection (c)(1)(M)(ii), by inserting
9 ‘‘(including through the use of alternative tech-
10 nologies)’’ after ‘‘convert’’; and
11 (2) in subsection (g), by adding at the end the
13 ‘‘(7) The term ‘alternative technologies’ means
14 technologies, such as accelerator-based equipment,
15 that do not use radiological materials.’’.
16 SEC. 3116. UNAVAILABILITY FOR OVERHEAD COSTS OF
17 AMOUNTS SPECIFIED FOR LABORATORY-DI-
18 RECTED RESEARCH AND DEVELOPMENT.
19 (a) IN GENERAL.—Section 4812 of the Atomic En-

20 ergy Defense Act (50 U.S.C. 2792) is amended by adding
22 ‘‘(c) LIMITATION ON USE OF FUNDS FOR OVER-
23 HEAD.—A national security laboratory may not use funds
24 made available under section 4811(c) to cover the costs
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1 of general and administrative overhead for the labora-
2 tory.’’.
3 (b) REPEAL OF PILOT PROGRAM.—Section 3119 of
5 2017 (Public Law 114–328; 50 U.S.C. 2791 note) is re-
6 pealed.
7 SEC. 3117. WORKFORCE ENHANCEMENT FOR NATIONAL NU-
8 CLEAR SECURITY ADMINISTRATION.
9 (a) ELIMINATION OF CAP ON FULL-TIME EQUIVA-

10 LENT EMPLOYEES OF THE NATIONAL NUCLEAR SECU-
11 RITY ADMINISTRATION.—Section 3241A of the National
12 Nuclear Security Administration Act (50 U.S.C. 2441a)
13 is amended—
14 (1) by striking subsections (a) and (c);
15 (2) by redesignating subsections (d), (e), and
16 (f) as subsections (a), (b), and (c), respectively; and
17 (3) by redesignating the first subsection (b) as
18 subsection (d) and moving the subsection so as to
19 appear after subsection (c), as redesignated by para-
20 graph (2).
21 (b) ANNUAL BRIEFING.—Subsection (c) of such sec-
22 tion, as so redesignated, is amended to read as follows:
23 ‘‘(c) ANNUAL BRIEFING.—In conjunction with the
24 submission of the budget of the President to Congress
25 pursuant to section 1105 of title 31, United States Code,
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1 the Administrator shall provide to the congressional de-
2 fense committees a briefing containing the following infor-
3 mation:
4 ‘‘(1) A projection of the expected number of
5 employees of the Office of the Administrator, as
6 counted under subsection (d), for the fiscal year cov-
7 ered by the budget and the four subsequent fiscal
8 years, broken down by the office in which the em-
9 ployees are projected to be assigned.
10 ‘‘(2) With respect to the most recent fiscal year
11 for which data is available—
12 ‘‘(A) the number of service support con-
13 tracts of the Administration and whether such
14 contracts are funded using program or program
15 direction funds;
16 ‘‘(B) the number of full-time equivalent
17 contractor employees working under each con-
18 tract identified under subparagraph (A);
19 ‘‘(C) the number of full-time equivalent
20 contractor employees described in subparagraph
21 (B) that have been employed under such a con-
22 tract for a period greater than two years;
23 ‘‘(D) with respect to each contract identi-
24 fied under subparagraph (A)—
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1 ‘‘(i) identification of each appropria-
2 tions account that supports the contract;
3 and
4 ‘‘(ii) the amount obligated under the
5 contract during the fiscal year, listed by
6 each such account; and
7 ‘‘(E) with respect to each appropriations
8 account identified under subparagraph (D)(i),
9 the total amount obligated for contracts identi-
10 fied under subparagraph (A).’’.
11 (c) CONFORMING AMENDMENT.—Subsection (d) of
12 such section, as redesignated by subsection (a), is amend-
13 ed by striking ‘‘under subsection (a)’’ each place it ap-
14 pears and inserting ‘‘under subsection (c)’’.
15 SEC. 3118. MODIFICATION OF COST BASELINES FOR CER-
16 TAIN PROJECTS.
17 Section 4713(a) of the Atomic Energy Defense Act

18 (50 U.S.C. 2753(a)) is amended—
19 (1) in paragraph (2)(D), by striking
20 ‘‘$750,000,000’’ and inserting ‘‘$800,000,000’’;
21 (2) in paragraph (3)(A)(i), by striking
22 ‘‘$50,000,000’’ and inserting ‘‘$65,000,000’’; and
23 (3) in paragraph (4)(A)(i), by striking
24 ‘‘$50,000,000’’ and inserting ‘‘$65,000,000’’.
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1 SEC. 3119. PURCHASE OF REAL PROPERTY OPTIONS.
2 Subtitle E of the National Nuclear Security Adminis-

3 tration Act (50 U.S.C. 2461 et seq.) is amended by adding
5 table of contents at the beginning of such Act accord-
6 ingly):
7 ‘‘SEC. 3265. USE OF FUNDS FOR THE PURCHASE OF OP-
8 TIONS TO PURCHASE REAL PROPERTY.
9 ‘‘(a) AUTHORITY.—Subject to the limitation in sub-

10 section (b), funds authorized to be appropriated for the
11 Administration for the purchase of real property may be
12 expended to purchase options for the purchase of real
13 property.
14 ‘‘(b) LIMITATION ON PRICE OF OPTIONS.—The price
15 of any option purchased pursuant to subsection (a) may
16 not exceed the minor construction threshold (as defined
17 in section 4701 of the Atomic Energy Defense Act (50
18 U.S.C. 2741)).
19 ‘‘(c) NOTICE.—Not later than 14 days after the date
20 an option is purchased pursuant to subsection (a), the Ad-
21 ministrator shall submit to the congressional defense com-
22 mittees—
23 ‘‘(1) a notification of such purchase; and
24 ‘‘(2) a summary of the rationale for such pur-
25 chase.’’.
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1 SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO
2 RECONVERT OR RETIRE W76–2 WARHEADS.

4 (b), none of the funds authorized to be appropriated by
6 for the National Nuclear Security Administration may be
7 obligated or expended to reconvert or retire a W76–2 war-
8 head.
9 (b) WAIVER.—The Administrator for Nuclear Secu-
10 rity may waive the prohibition in subsection (a) if the Ad-
11 ministrator, in consultation with the Secretary of Defense
12 and the Chairman of the Joint Chiefs of Staff, certifies
13 in writing to the congressional defense committees—
14 (1) that Russia and China do not possess naval
15 capabilities similar to the W76–2 warhead in the ac-
16 tive stockpiles of the respective country; and
17 (2) that the Department of Defense does not
18 have a valid military requirement for the W76–2
19 warhead.
20 SEC. 3121. ACCELERATION OF DEPLETED URANIUM MANU-
21 FACTURING PROCESSES.
22 (a) ACCELERATION OF MANUFACTURING.—The Ad-

23 ministrator for Nuclear Security shall require the nuclear
24 security enterprise to accelerate the modernization of
25 manufacturing processes for depleted uranium by 2030 so
26 that the nuclear security enterprise—
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1 (1) demonstrates bulk cold hearth melting of
2 depleted uranium alloys to augment existing capa-
3 bilities on an operational basis for war reserve com-
4 ponents;
5 (2) manufactures, on a repeatable and ongoing
6 basis, war reserve depleted uranium alloy compo-
7 nents using net shape casting;
8 (3) demonstrates, if possible, a production facil-
9 ity to conduct routine operations for manufacturing
10 depleted uranium alloy components outside of the
11 current perimeter security fencing of the Y–12 Na-
12 tional Security Complex, Oak Ridge, Tennessee; and
13 (4) has available high purity depleted uranium
14 for the production of war reserve components.
15 (b) ANNUAL BRIEFING.—Not later than March 31,
16 2023, and annually thereafter through 2030, the Adminis-
17 trator shall provide to the congressional defense commit-
18 tees a briefing on—
19 (1) progress made in carrying out subsection
20 (a);
21 (2) the cost of activities conducted under such
22 subsection during the preceding fiscal year; and
23 (3) the ability of the nuclear security enterprise
24 to convert depleted uranium fluoride hexafluoride to
25 depleted uranium tetrafluoride.
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1 (c) NUCLEAR SECURITY ENTERPRISE DEFINED.—In
2 this section, the term ‘‘nuclear security enterprise’’ has
3 the meaning given that term in section 4002 of the Atomic
4 Energy Defense Act (50 U.S.C. 2501).
5 SEC. 3122. ASSISTANCE BY THE NATIONAL NUCLEAR SECU-
6 RITY ADMINISTRATION TO THE AIR FORCE
7 FOR THE DEVELOPMENT OF THE MARK 21A
8 FUSE.

10 date of the enactment of this Act, the Administrator for
11 Nuclear Security shall enter into an agreement with the
12 Secretary of the Air Force under which the Administrator
13 shall support the Air Force by reviewing and validating
14 the development and sustainment of a fuse for the Mark
15 21A reentry vehicle to support the W87–1 warhead over
16 the projected lifetime of the warhead, including by—
17 (1) acting as an external reviewer of the Mark
18 21A fuse, including by reviewing—
19 (A) the design of the fuse;
20 (B) the quality of manufacturing and
21 parts; and
22 (C) the life availability of components;
23 (2) advising and supporting the Air Force on
24 strategies to mitigate technical and schedule fuse
25 risks; and
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1 (3) otherwise ensuring the expertise of the Na-
2 tional Nuclear Security Administration in fuse and
3 warhead design and manufacturing is available to
4 support successful development and sustainment of
5 the fuse over its lifetime.
6 (b) BUDGET REQUEST.—The Administrator shall in-
7 clude, in the budget justification materials submitted to
8 Congress in support of the budget of the Department of
9 Energy for fiscal year 2024 (as submitted with the budget
10 of the President under section 1105(a) of title 31, United
11 States Code), a request for amounts sufficient to ensure
12 that the assistance provided to the Air Force under the
13 agreement under subsection (a) does not negatively affect
14 ongoing nuclear modernization programs of the Adminis-
15 tration.
16 (c) NUCLEAR WEAPONS COUNCIL REVIEW.—During
17 the life of the agreement under subsection (a), the Nuclear
18 Weapons Council established under section 179 of title 10,
19 United States Code, shall review the agreement as part
20 of the annual review by the Council of the budget of the
21 National Nuclear Security Administration and ensure that
22 assistance provided under such agreement aligns with on-
23 going programs of record between the Department of De-
24 fense and the National Nuclear Security Administration.
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1 (d) TRANSMITTAL OF AGREEMENT.—Not later than
3 Nuclear Weapons Council shall transmit to the congres-
4 sional defense committees the agreement under subsection
5 (a) and any comments that the Council considers appro-
6 priate.
7 SEC. 3123. DETERMINATION OF STANDARDIZED INDIRECT
8 COST ELEMENTS.
9 (a) IN GENERAL.—Not later than March 31, 2025,

10 the Deputy Chief Financial Officer of the Department of
11 Energy shall, in consultation with the Administrator for
12 Nuclear Security and the Director of the Office of Science,
13 determine standardized indirect cost elements to be re-
14 ported by contractors to the Administrator.
16 that the determination required by subsection (a) is made,
17 the Deputy Chief Financial Officer shall, in coordination
18 with the Administrator and the Director, submit to the
19 congressional defense committees a report describing the
20 standardized indirect cost elements determined under sub-
21 section (a) and a plan to require contractors to report,
22 beginning in fiscal year 2026, such standardized indirect
23 cost elements to the Administrator.
24 (c) STANDARDIZED INDIRECT COST ELEMENTS DE-
25 FINED.—In this section, the term ‘‘standardized indirect
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1 cost elements’’ means the categories of indirect costs in-
2 curred by management and operating contractors that re-
3 ceive funds to perform work for the National Nuclear Se-
4 curity Administration.
5 SEC. 3124. CERTIFICATION OF COMPLETION OF MILE-
6 STONES WITH RESPECT TO PLUTONIUM PIT
7 AGING.
8 (a) REQUIREMENT.—The Administrator for Nuclear

9 Security shall complete the milestones on plutonium pit
10 aging identified in the report entitled ‘‘Research Program
11 Plan for Plutonium and Pit Aging’’, published by the Na-
12 tional Nuclear Security Administration in September
13 2021.
14 (b) ASSESSMENTS.—The Administrator shall—
15 (1) acting through the Defense Programs Advi-
16 sory Committee, conduct biennial reviews during the
17 period beginning not later than one year after the
18 date of the enactment of this Act and ending De-
19 cember 31, 2030, regarding the progress achieved
20 toward completing the milestones described in sub-
21 section (a); and
22 (2) seek to enter into an arrangement with the
23 private scientific advisory group known as JASON
24 to conduct, not later than 2030, an assessment of
25 plutonium pit aging.
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1 (c) BRIEFINGS.—During the period beginning not
3 Act and ending December 31, 2030, the Administrator
4 shall provide to the congressional defense committees bien-
5 nial briefings on—
6 (1) the progress achieved toward completing the
7 milestones described in subsection (a); and
8 (2) the results of the assessments described in
9 subsection (b).
10 (d) CERTIFICATION OF COMPLETION OF MILE-
11 STONES.—Not later than October 1, 2031, the Adminis-
12 trator shall—
13 (1) certify to the congressional defense commit-
14 tees whether the milestones described in subsection
15 (a) have been achieved; and
16 (2) if the milestones have not been achieved,
17 submit to such committees a report—
18 (A) describing the reasons such milestones
19 have not been achieved;
20 (B) including, if the Administrator deter-
21 mines the Administration will not be able to
22 meet one of such milestones, an explanation for
23 that determination; and
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1 (C) specifying new dates for the completion
2 of the milestones the Administrator anticipates
3 the Administration will meet.
4 SEC. 3125. NATIONAL NUCLEAR SECURITY ADMINISTRA-
5 TION FACILITY ADVANCED MANUFACTURING
6 DEVELOPMENT.
7 (a) IN GENERAL.—Of the funds authorized to be ap-

8 propriated by this Act for fiscal year 2023 for the Na-
9 tional Nuclear Security Administration for nuclear weap-
10 ons production facilities, the Administrator for Nuclear
11 Security may authorize an amount, not to exceed 5 per-
12 cent of such funds, to be used by the director of each such
13 facility to engage in research, development, and dem-
14 onstration activities in order to maintain and enhance the
15 engineering and manufacturing capabilities at such facil-
16 ity.
17 (b) NUCLEAR WEAPONS PRODUCTION FACILITY DE-
18 FINED.—In this section, the term ‘‘nuclear weapons pro-
19 duction facility’’ has the meaning given that term in sec-
20 tion 4002 of the Atomic Energy Defense Act (50 U.S.C.
21 2501).
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1 SEC. 3126. AUTHORIZATION OF WORKFORCE DEVELOP-
2 MENT AND TRAINING PARTNERSHIP PRO-
3 GRAMS WITHIN NATIONAL NUCLEAR SECU-
4 RITY ADMINISTRATION.
5 (a) AUTHORITY.—The Administrator for Nuclear Se-

6 curity may authorize management and operating contrac-
7 tors at covered facilities to develop and implement work-
8 force development and training partnership programs to
9 further the education and training of employees or pro-
10 spective employees of such management and operating
11 contractors to meet the requirements of section 4219 of
12 the Atomic Energy Defense Act (50 U.S.C. 2538a).
13 (b) CAPACITY.—To carry out subsection (a), a man-
14 agement and operating contractor at a covered facility
15 may provide funding through grants or other means to
16 cover the costs of the development and implementation of
17 a workforce development and training partnership pro-
18 gram authorized under such subsection, including costs re-
19 lating to curriculum development, hiring of teachers, pro-
20 curement of equipment and machinery, use of facilities or
21 other properties, and provision of scholarships and fellow-
22 ships.
24 (1) The term ‘‘covered facility’’ means—
25 (A) Los Alamos National Laboratory, Los
26 Alamos, New Mexico; or
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1 (B) the Savannah River Site, Aiken, South
2 Carolina.
3 (2) The term ‘‘prospective employee’’ means an
4 individual who has applied (or who, based on their
5 field of study and experience, is likely to apply) for
6 a position of employment with a management and
7 operating contractor to support plutonium pit pro-
8 duction at a covered facility.
9 Subtitle C—Reports and Other
10 Matters
11 SEC. 3131. MODIFICATION TO CERTAIN REPORTING RE-
12 QUIREMENTS.
13 (a) REPORTS ON NUCLEAR WARHEAD ACQUISITION

14 PROCESS.—Section 4223 of the Atomic Energy Defense
15 Act (50 U.S.C. 2538e) is amended—
16 (1) in subsection (a)(2)(A), by striking ‘‘submit
17 to the congressional defense committees a plan’’ and
18 inserting ‘‘provide to the congressional defense com-
19 mittees a briefing on a plan’’; and
21 (A) in paragraph (1), by striking ‘‘certify
22 to the congressional defense committees that’’
23 and inserting ‘‘provide to the congressional de-
24 fense committees a briefing that includes cer-
25 tifications that—’’; and
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2 (i) by inserting ‘‘, or provide to such
3 committees a briefing on,’’ after ‘‘a report
4 containing’’; and
5 (ii) by inserting ‘‘or briefing, as the
6 case may be’’ after ‘‘date of the report’’.
7 (b) REPORTS ON TRANSFERS OF CIVIL NUCLEAR
8 TECHNOLOGY.—Section 3136 of the National Defense
9 Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a)
10 is amended—
11 (1) by redesignating subsection (i) as subsection
12 (j); and
13 (2) by inserting after subsection (h) the fol-
15 ‘‘(i) COMBINATION OF REPORTS.—The Secretary of
16 Energy may submit the annual reports required by sub-
17 sections (a), (d), and (e) as a single annual report, includ-
18 ing by providing portions of the information so required
19 as an annex to the single annual report.’’.
20 (c) CONFORMING AMENDMENT.—Section 161 n. of
21 the Atomic Energy Act of 1954 (50 U.S.C. 2201(n)) is
22 amended by striking ‘‘section 3136(i) of the National De-
24 2077a(i)))’’ and inserting ‘‘section 3136 of the National
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1 Defense Authorization Act for Fiscal Year 2016 (42
2 U.S.C. 2077a))’’.
3 SEC. 3132. REPEAL OF OBSOLETE PROVISIONS OF THE
4 ATOMIC ENERGY DEFENSE ACT AND OTHER
5 PROVISIONS.
6 (a) REPEAL OF PROVISIONS OF THE ATOMIC EN-

7 ERGY DEFENSE ACT.—
8 (1) IN GENERAL.—The Atomic Energy Defense
9 Act (50 U.S.C. 2501 et seq.) is amended—
10 (A) in title XLII—
11 (i) in subtitle A, by striking section
12 4215; and
13 (ii) in subtitle B, by striking section
14 4235; and
15 (B) in title XLIV—
16 (i) in subtitle A, by striking section
17 4403;
18 (ii) in subtitle C, by striking sections
19 4444, 4445, and 4446; and
20 (iii) in subtitle D, by striking section
21 4454.
22 (2) CLERICAL AMENDMENT.—The table of con-
23 tents for the Atomic Energy Defense Act is amended
24 by striking the items relating to sections 4215,
25 4235, 4403, 4444, 4445, 4446, and 4454.
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1 (b) REPEAL OF OTHER PROVISIONS.—
2 (1) AUTHORITY TO USE INTERNATIONAL NU-
3 CLEAR MATERIALS PROTECTION AND COOPERATION
4 PROGRAM FUNDS OUTSIDE THE FORMER SOVIET
5 UNION.—Section 3124 of the National Defense Au-

6 thorization Act for Fiscal Year 2004 (50 U.S.C.
7 2568) is repealed.
8 (2) SILK ROAD INITIATIVE; NUCLEAR NON-
9 PROLIFERATION FELLOWSHIPS.—Sections 3133 and

10 3134 of the Ronald W. Reagan National Defense
11 Authorization Act for Fiscal Year 2005 (50 U.S.C.
12 2570, 2571) are repealed.
13 (3) REQUIREMENT FOR RESEARCH AND DEVEL-
14 OPMENT PLAN AND REPORT WITH RESPECT TO NU-
15 CLEAR FORENSICS CAPABILITIES.—Section 3114 of

16 the Duncan Hunter National Defense Authorization
17 Act for Fiscal Year 2009 (50 U.S.C. 2574) is re-
18 pealed.
19 TITLE XXXII—DEFENSE NU-
20 CLEAR FACILITIES SAFETY
21 BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
22 SEC. 3201. AUTHORIZATION.
23 There are authorized to be appropriated for fiscal

24 year 2023, $41,401,400 for the operation of the Defense
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1 Nuclear Facilities Safety Board under chapter 21 of the
2 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
3 SECTION 3202. CONTINUATION OF FUNCTIONS AND POW-
4 ERS DURING LOSS OF QUORUM.
5 Section 311(e) of the Atomic Energy Act of 1954 (42

6 U.S.C. 2286(e)) is amended—
7 (1) by striking ‘‘Three members’’ and inserting
8 ‘‘(1) Three members’’; and
10 paragraphs:
11 ‘‘(2) In accordance with paragraph (4), during a cov-
12 ered period, the Chairperson, in consultation with an eligi-
13 ble member, may carry out the functions and powers of
14 the Board under sections 312 through 316, notwith-
15 standing that a quorum does not exist.
16 ‘‘(3) Not later than 30 days after a covered period
17 begins, the Chairperson shall notify the congressional de-
18 fense committees that a quorum does not exist.
19 ‘‘(4) The Chairperson may make recommendations to
20 the Secretary of Energy and initiate investigations into de-
21 fense nuclear facilities under section 312 pursuant to
22 paragraph (2) only if—
23 ‘‘(A) a period of 30 days elapses following the
24 date on which the Chairperson submits the notifica-
25 tion required under paragraph (3);
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1 ‘‘(B) not later than 30 days after making any
2 such recommendation or initiating any such inves-
3 tigation, the Chairperson notifies the congressional
4 defense committees of such recommendation or in-
5 vestigation; and
6 ‘‘(C) any eligible member concurs with such
7 recommendation or investigation.
9 ‘‘(A) The term ‘congressional defense commit-
10 tees’ has the meaning given such term in section
11 101(a) of title 10, United States Code.
12 ‘‘(B) The term ‘covered period’ means a period
13 beginning on the date on which a quorum specified
14 in paragraph (1) does not exist by reason of either
15 or both a vacancy in the membership of the Board
16 or the incapacity of a member of the Board and end-
17 ing on the earlier of—
18 ‘‘(i) the date that is one year after such
19 beginning date; or
20 ‘‘(ii) the date on which a quorum exists.
21 ‘‘(C) The term ‘eligible member’ means a mem-
22 ber of the Board, other than the Chairperson, serv-
23 ing during a covered period and who is not incapaci-
24 tated.’’.
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1 TITLE XXXIV—NAVAL
2 PETROLEUM RESERVES
4 (a) AMOUNT.—There are hereby authorized to be ap-

5 propriated to the Secretary of Energy $13,004,000 for fis-
6 cal year 2023 for the purpose of carrying out activities
7 under chapter 869 of title 10, United States Code, relating
8 to the naval petroleum reserves.
9 (b) PERIOD OF AVAILABILITY.—Funds appropriated
10 pursuant to the authorization of appropriations in sub-
11 section (a) shall remain available until expended.
12 TITLE XXXV—MARITIME
13 ADMINISTRATION
Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime Administration.

Sec. 3502. Secretary of Transportation responsibility with respect to cargoes
procured, furnished, or financed by other Federal departments
and agencies.
Subtitle B—Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain merchant

mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States Government
works.
Sec. 3515. Reports on matters relating to the United States Merchant Marine
Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy ca-
dets on certain vessels.
Subtitle C—Maritime Infrastructure
Sec. 3521. United States marine highway program.

Sec. 3522. Port infrastructure development grants.
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Sec. 3523. Project selection criteria for port infrastructure development pro-
gram.
Sec. 3524. Infrastructure improvements identified in the report on strategic
seaports.
Sec. 3525. GAO review of Government efforts to promote growth and mod-
ernization of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure resil-
iency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at ports.
Sec. 3529. Study of cybersecurity and national security threats posed by for-
eign manufactured cranes at United States ports.
Subtitle D—Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.

Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Sec. 3541.
Waiver of navigation and vessel inspection laws.
Sec. 3542.
National maritime strategy.
Sec. 3543.
Maritime Environmental and Technical Assistance Program.
Sec. 3544.
Definition of qualified vessel.
Sec. 3545.
Establishing a capital construction fund.
Sec. 3546.
Recapitalization of National Defense Reserve Fleet.
Sec. 3547.
Sense of Congress on Merchant Marine.
Sec. 3548.
Analysis of effects of chemicals in stormwater runoff on Pacific
salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
1 Subtitle A—Maritime
2 Administration
3 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR THE
4 MARITIME ADMINISTRATION.
5 (a) MARITIME ADMINISTRATION.—There are author-

6 ized to be appropriated to the Department of Transpor-
7 tation for fiscal year 2023, for programs associated with
8 maintaining the United States Merchant Marine, the fol-
9 lowing amounts:
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1 (1) For expenses necessary to support the
2 United States Merchant Marine Academy,
3 $112,848,000, of which—
4 (A) $87,848,000 shall be for Academy op-
5 erations;
6 (B) $22,000,000 shall be for facilities
7 maintenance and repair and equipment; and
8 (C) $3,000,000 shall be for training, staff-
9 ing, retention, recruiting, and contract manage-
10 ment for United States Merchant Marine Acad-
11 emy capital improvement projects.
12 (2) For expenses necessary to support the State
13 maritime academies, $53,780,000, of which—
14 (A) $2,400,000 shall be for the Student
15 Incentive Program;
16 (B) $6,000,000 shall be for direct pay-
17 ments for State maritime academies;
18 (C) $6,800,000 shall be for training ship
19 fuel assistance;
20 (D) $8,080,000 shall be for offsetting the
21 costs of training ship sharing; and
22 (E) $30,500,000 shall be for maintenance
23 and repair of State maritime academy training
24 vessels.
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1 (3) For expenses necessary to support the Na-
2 tional Security Multi-Mission Vessel Program, in-
3 cluding funds for construction and necessary ex-
4 penses to construct shoreside infrastructure to sup-
5 port such vessels, $75,000,000.
6 (4) For expenses necessary to support Maritime
7 Administration operations and programs,
8 $131,433,000, of which—
9 (A) $15,000,000 shall be for the Maritime
10 Environmental and Technical Assistance pro-
11 gram authorized under section 50307 of title
12 46, United States Code;
13 (B) $30,000,000 shall be for shall be for
14 the Maritime Centers of Excellence, including
15 to make grants authorized under Section 51706
16 of title 46, United States Code;
17 (C) $15,000,000 shall be for the Marine
18 Highways Program, including to make grants
19 as authorized under section 55601 of title 46,
21 (D) $67,433,000 shall be for headquarters
22 operations expenses;
23 (E) $2,000,000 shall be for expenses nec-
24 essary to provide for sealift contested environ-
25 ment evaluation;
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1 (F) $800,000 shall be for expenses nec-
2 essary to provide for National Defense Reserve
3 Fleet resiliency; and
4 (G) $1,200,000 shall be for expenses nec-
5 essary to provide for a comprehensive evalua-
6 tion to assess the requirements for the training
7 ship State of Michigan.
8 (5) For expenses necessary for the disposal of
9 obsolete vessels in the National Defense Reserve
10 Fleet of the Maritime Administration, $6,000,000.
11 (6) For expenses necessary to maintain and
12 preserve a United States flag merchant marine to
13 serve the national security needs of the United
14 States under chapter 531 of title 46, United States
15 Code, $318,000,000.
16 (7) For expenses necessary for the loan guar-
17 antee program authorized under chapter 537 of title
18 46, United States Code, $33,000,000, of which—
19 (A) $30,000,000 may be for the cost (as
20 defined in section 502(5) of the Federal Credit
21 Reform Act of 1990 (2 U.S.C. 661a(5))) of
22 loan guarantees under the program; and
23 (B) $3,000,000 may be used for adminis-
24 trative expenses relating to loan guarantee com-
25 mitments under the program.
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1 (8) For expenses necessary to provide assist-
2 ance to small shipyards and for maritime training
3 programs authorized under section 54101 of title 46,
4 United States Code, $30,000,000.
5 (9) For expenses necessary to implement the
6 Port Infrastructure Development Program, as au-
7 thorized under section 54301 of title 46, United
8 States Code, $750,000,000, to remain available until
9 expended, except that no such funds authorized
10 under this title for this program may be used to pro-
11 vide a grant to purchase fully automated cargo han-
12 dling equipment that is remotely operated or re-
13 motely monitored with or without the exercise of
14 human intervention or control, if the Secretary of
15 Transportation determines such equipment would re-
16 sult in a net loss of jobs within a port or port ter-
17 minal. If such a determination is made, the data and
18 analysis for such determination shall be reported to
19 the Committee on Commerce, Science, and Trans-
20 portation of the Senate and the Committee on
21 Transportation and Infrastructure of the House of
22 Representatives not later than 3 days after the date
23 of the determination.
24 (b) TANKER SECURITY PROGRAM.—
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1 (1) FUNDING.—Section 53411 of title 46,
2 United States Code, is amended by striking
3 ‘‘through 2035’’ and inserting ‘‘and 2023, and
4 $120,000,000 for fiscal years 2024 through 2035’’.
5 (2) INCREASE IN NUMBER OF VESSELS.—Sec-
6 tion 53403(c) of title 46, United States Code, is

7 amended—
8 (A) by striking ‘‘For any fiscal year, the
9 Secretary’’ and inserting ‘‘The Secretary’’;
10 (B) by striking ‘‘more than 10 vessels’’
11 and inserting ‘‘more than—’’; and
13 paragraphs:
14 ‘‘(1) for each of fiscal years 2022 and 2023, 10
15 vessels; and
16 ‘‘(2) for any subsequent fiscal year, 20 ves-
17 sels.’’.
18 (c) REPORT.—Not later than June 30, 2023, the
19 Maritime Administrator shall prepare and submit to the
21 atives and of the Senate, to the Committee on Transpor-
22 tation and Infrastructure of the House of Representatives,
23 and to the Committee on Commerce, Science, and Trans-
24 formation of the Senate a report that includes the fol-
25 lowing:
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1 (1) An assessment of industry capacity to sup-
2 port an expansion of the Tanker Security Program
3 pursuant to section 53411 of title 46, United States
4 Code, as amended by subsection (b)(1), and section
5 53403(c) of title 46, United States Code, as amend-
6 ed by subsection (b)(2).
7 (2) An implementation timeline for entering 10-
8 vessels into the Tanker Security Program not later
9 than September 30, 2023, including all vessel con-
10 version requirements, and crew training require-
11 ments.
12 (3) An implementation timeline for entering 20-
13 vessels into the Tanker Security Program not later
14 than September 30, 2024, including all vessel con-
15 version requirements, and crew training require-
16 ments.
17 (4) An assessment of whether the $6,000,000
18 per-vessel stipend meets requirements to attract and
19 sustain the full 20-vessel requirement for the Tanker
20 Security Program.
21 (5) An assessment of the need for additional
22 authorities to offset the costs associated with con-
23 verting vessels into CONSOL-capable vessels, and to
24 offset the costs associated with training the crews to
25 operate such vessels.
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1 (6) Other matters the Administrator deems ap-
2 propriate.
3 SEC. 3502. SECRETARY OF TRANSPORTATION RESPONSI-
4 BILITY WITH RESPECT TO CARGOES PRO-
5 CURED, FURNISHED, OR FINANCED BY
6 OTHER FEDERAL DEPARTMENTS AND AGEN-
7 CIES.

9 date of the enactment of this Act, the Administrator of
10 the Maritime Administration shall issue a final rule to im-
11 plement and enforce section 55305(d) of title 46, United
12 States Code.
13 (b) PROGRAMS OF OTHER AGENCIES.—Section
14 55305(d)(2)(A) of title 46, United States Code, is amend-
15 ed by inserting after ‘‘section’’ the following: ‘‘and annu-
16 ally submit to the Committee on Transportation and In-
17 frastructure of the House of Representatives and the Com-
18 mittee on Commerce, Science, and Transportation of the
19 Senate a report on the administration of such programs’’.
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1 Subtitle B—Merchant Marine
2 Academy
3 SEC. 3511. EXEMPTION OF CERTAIN STUDENTS FROM RE-
4 QUIREMENT TO OBTAIN MERCHANT MAR-
5 INER LICENSE.

7 amended—
9 (A) by inserting ‘‘able or’’ before ‘‘al-
10 lowed’’;
11 (B) by striking ‘‘only because of physical
12 disqualification may’’ and inserting ‘‘solely due
13 to a documented medical or psychological condi-
14 tion shall’’; and
15 (C) in the paragraph heading, by inserting
16 ‘‘OR PSYCHOLOGICAL’’ after ‘‘PHYSICAL’’; and
18 section:
19 ‘‘(d) DEFINITION OF DOCUMENTED MEDICAL OR
20 PSYCHOLOGICAL CONDITION.—In this section the term

21 ‘documented medical or psychological condition’ means,
22 with respect to an individual, a physical disqualification
23 or psychological condition, including a mental health con-
24 dition arising from sexual assault or sexual harassment,
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1 for which the individual has been treated or is being treat-
2 ed by a medical or psychological provider.’’.
3 SEC. 3512. BOARD OF VISITORS.

5 amended—
8 (i) by redesignating subparagraph (C)
9 as subparagraph (D);
10 (ii) in subparagraph (D), as so redes-
11 ignated, by striking ‘‘flag-rank who’’ and
12 inserting ‘‘flag-rank’’;
14 ‘‘and’’ after the semicolon; and
15 (iv) by inserting after subparagraph
16 (B) the following:
17 ‘‘(C) at least 1 shall be a representative of
18 a maritime labor organization; and’’; and
19 (B) in paragraph (3), by adding at the end
20 the following:
21 ‘‘(C) REPLACEMENT.—If a member of the
22 Board is replaced, not later than 60 days after
23 the date of the replacement, the Designated
24 Federal Officer selected under subsection (g)(2)
25 shall notify that member.’’;
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2 (A) in paragraph (1), by inserting ‘‘and 2
3 additional meetings, which may be held in per-
4 son or virtually’’ after ‘‘Academy’’; and
6 ‘‘(3) SCHEDULING; NOTIFICATION.—When
7 scheduling a meeting of the Board, the Designated

8 Federal Officer shall coordinate, to the greatest ex-
9 tent practicable, with the members of the Board to
10 determine the date and time of the meeting. Mem-
11 bers of the Board shall be notified of the date of
12 each meeting not less than 30 days prior to the
13 meeting date.’’;
15 following:
16 ‘‘(4) STAFF.—One or more staff of each mem-
17 ber of the Board may accompany them on Academy
18 visits.
19 ‘‘(5) SCHEDULING; NOTIFICATION.—When
20 scheduling a visit to the Academy, the Designated

21 Federal Officer shall coordinate, to the greatest ex-
22 tent practicable, with the members of the Board to
23 determine the date and time of the visit. Members
24 of the Board shall be notified of the date of each
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1 visit not less than 30 days prior to the visit date.’’;
2 and
3 (4) in subsection (h)—
4 (A) by inserting ‘‘and ranking member’’
5 after ‘‘chairman’’ each place the term appears;
6 and
8 ‘‘Such staff may attend meetings and may visit
9 the Academy.’’.
10 SEC. 3513. PROTECTION OF CADETS FROM SEXUAL AS-
11 SAULT ONBOARD VESSELS.

14 (1) by striking subsection (a) and inserting the
15 following:
16 ‘‘(a) SAFETY CRITERIA.—The Maritime Adminis-
17 trator, after consulting with the Commandant of the Coast
18 Guard, shall establish—
19 ‘‘(1) criteria, to which an owner or operator of
20 a vessel engaged in commercial service shall adhere
21 prior to carrying a cadet performing their Sea Year
22 service from the United States Merchant Marine
23 Academy, that addresses prevention of, and response
24 to, sexual harassment, dating violence, domestic vio-
25 lence, sexual assault, and stalking; and
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1 ‘‘(2) a process for collecting pertinent informa-
2 tion from such owners or operators and verifying
3 their compliance with the criteria.
4 ‘‘(b) MINIMUM STANDARDS.—At a minimum, the cri-
5 teria established under subsection (a) shall require the
6 vessel owners or operators to have policies that address—
7 ‘‘(1) communication between a cadet and an in-
8 dividual ashore who is trained in responding to inci-
9 dents of sexual harassment, dating violence, domes-
10 tic violence, sexual assault, and stalking;
11 ‘‘(2) the safety and security of cadet staterooms
12 while a cadet is onboard the vessel;
13 ‘‘(3) requirements for crew to report complaints
14 or incidents of sexual assault, sexual harassment,
15 dating violence, domestic violence, and stalking con-
16 sistent with the requirements in section 10104;
17 ‘‘(4) the maintenance of records of reports of
18 sexual harassment, dating violence, domestic vio-
19 lence, sexual assault, and stalking onboard a vessel
20 carrying a cadet;
21 ‘‘(5) the maintenance of records of sexual har-
22 assment, dating violence, domestic violence, sexual
23 assault, and stalking training as required under sub-
24 section (f);
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1 ‘‘(6) a requirement for the owner or operator
2 provide each cadet a copy of the policies and proce-
3 dures related to sexual harassment, dating violence,
4 domestic violence, sexual assault, and stalking poli-
5 cies that pertain to the vessel on which they will be
6 employed; and
7 ‘‘(7) any other issues the Maritime Adminis-
8 trator determines necessary to ensure the safety of
9 cadets during Sea Year training.
10 ‘‘(c) SELF-CERTIFICATION BY OWNERS OR OPERA-
11 TORS.—The Maritime Administrator shall require the
12 owner or operator of any commercial vessel that is car-
13 rying a cadet from the United States Merchant Marine
14 Academy to annually certify that—
15 ‘‘(1) the vessel owner or operator is in compli-
16 ance with the criteria established under subsection
17 (a); and
18 ‘‘(2) the vessel is in compliance with the Inter-
19 national Convention of Safety of Life at Sea, 1974
20 (32 UST 47) and sections 8106 and 70103(c).
21 ‘‘(d) INFORMATION, TRAINING, AND RESOURCES.—
22 The Maritime Administrator shall ensure that a cadet par-
23 ticipating in Sea Year—
24 ‘‘(1) receives training specific to vessel safety,
25 including sexual harassment, dating violence, domes-
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1 tic violence, sexual assault, and stalking prevention
2 and response training, prior to the cadet boarding a
3 vessel for Sea Year training;
4 ‘‘(2) is equipped with an appropriate means of
5 communication and has been trained on its use;
6 ‘‘(3) has access to a helpline to report incidents
7 of sexual harassment, dating violence, domestic vio-
8 lence, sexual assault, or stalking that is monitored
9 by trained personnel; and
10 ‘‘(4) is informed of the legal requirements for
11 vessel owners and operators to provide for the secu-
12 rity of individuals onboard, including requirements
13 under section 70103(c) and chapter 81.’’;
14 (2) by redesignating subsections (b) through (d)
15 as subsections (e) through (g), respectively;
17 striking paragraph (2) and inserting the following
18 new paragraphs:
19 ‘‘(2) ACCESS TO INFORMATION.—The vessel op-
20 erator shall make available to staff conducting a ves-
21 sel check such information as the Maritime Adminis-
22 trator determines is necessary to determine whether
23 the vessel is being operated in compliance with the
24 criteria established under subsection (a).
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1 ‘‘(3) REMOVAL OF STUDENTS.—If staff of the
2 Academy or staff of the Maritime Administration de-
3 termine that a commercial vessel is not in compli-
4 ance with the criteria established under subsection
5 (a), the staff—
6 ‘‘(A) may remove a cadet of the Academy
7 from the vessel; and
8 ‘‘(B) shall report such determination of
9 non-compliance to the owner or operator of the
10 vessel.’’;
11 (4) in subsection (f), as so redesignated, by
12 striking ‘‘or the seafarer union’’ and inserting ‘‘and
13 the seafarer union’’; and
15 ‘‘(h) NONCOMMERCIAL VESSELS.—
16 ‘‘(1) IN GENERAL.—A public vessel (as defined
17 in section 2101) shall not be subject to the require-
18 ments of this section.
19 ‘‘(2) REQUIREMENTS FOR PARTICIPATION.—
20 The Maritime Administrator may establish criteria

21 and requirements that the operators of public vessels
22 shall meet to participate in the Sea Year program of
23 the United States Merchant Marine Academy that
24 addresses prevention of, and response to, sexual har-
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1 assment, dating violence, domestic violence, sexual
2 assault, and stalking.
3 ‘‘(i) SHARING OF BEST PRACTICES.—The Maritime
4 Administrator shall share with State maritime academies
5 best practices for, and lessons learned with respect to, the
6 prevention of, and response to, sexual harassment, dating
7 violence, domestic violence, sexual assault, and stalking.’’.
8 (b) REGULATIONS.—
9 (1) IN GENERAL.—The Maritime Administrator
10 may prescribe rules necessary to carry out the
11 amendments made by this section.
12 (2) INTERIM RULES.—The Maritime Adminis-
13 trator may prescribe interim rules necessary to carry
14 out the amendments made by this section. For this
15 purpose, the Maritime Administrator in prescribing
16 rules under paragraph (1) is excepted from compli-
17 ance with the notice and comment requirements of
18 section 553 of title 5, United States Code. All rules
19 prescribed under the authority of the amendments
20 made by this section shall remain in effect until su-
21 perseded by a final rule.
22 (c) CONFORMING AMENDMENTS.—
23 (1) SEA YEAR COMPLIANCE.—Section 3514 of
25 Year 2017 (46 U.S.C. 51318 note) is repealed.
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1 (2) ACCESS OF ACADEMY CADETS TO DOD SAFE
2 OR EQUIVALENT HELPLINE.—Section 3515 of the

4 2018 (46 U.S.C. 51518 note) is amended by striking
5 subsection (b) and redesignating subsection (c) as
6 subsection (b).
7 SEC. 3514. SERVICE ACADEMY FACULTY PARITY OF USE OF
8 UNITED STATES GOVERNMENT WORKS.

10 amended—
11 (1) in the heading of subsection (b), by striking
12 ‘‘CERTAIN OF WORKS ’’ and inserting ‘‘CERTAIN
13 WORKS’’;
14 (2) in the first subsection (c) (relating to ‘‘Use
15 by Federal Government’’) by striking ‘‘The Sec-
16 retary of Defense’’ and inserting ‘‘A covered Sec-
17 retary’’;
18 (3) by redesignating the second subsection (c)
19 (relating to ‘‘Definitions’’) as subsection (d); and
20 (4) in subsection (d), as redesignated by para-
21 graph (3),
22 (A) in paragraph (2), by adding at the end
23 the following:
24 ‘‘(M) United States Merchant Marine
25 Academy.’’;
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5 ‘‘(3) The term ‘covered Secretary’ means—
6 ‘‘(A) the Secretary of Transportation, with
7 respect to the United States Merchant Marine
8 Academy;
9 ‘‘(B) the Secretary of Homeland Security,
10 with respect to the United States Coast Guard
11 Academy; or
12 ‘‘(C) the Secretary of Defense, with respect
13 to any other covered institution under para-
14 graph (2).’’.
15 SEC. 3515. REPORTS ON MATTERS RELATING TO THE
16 UNITED STATES MERCHANT MARINE ACAD-
17 EMY.
18 (a) REPORT ON IMPLEMENTATION OF NAPA REC-

19 OMMENDATIONS.—
20 (1) IN GENERAL.—In accordance with para-

21 graph (3), the Secretary of Transportation shall sub-
22 mit to the appropriate congressional committees re-
23 ports on the status of the implementation of the rec-
24 ommendations specified in paragraph (4).
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1 (2) ELEMENTS.—Each report under paragraph
3 (A) A description of the status of the im-
4 plementation of each recommendation specified
5 in paragraph (4), including whether the Sec-
6 retary—
7 (i) concurs with the recommendation;
8 (ii) partially concurs with the rec-
9 ommendation;
10 (iii) does not concur with the rec-
11 ommendation; or
12 (iv) determines the recommendation is
13 not applicable to the Department of Trans-
14 portation.
15 (B) An explanation of—
16 (i) with respect to a recommendation
17 with which the Secretary concurs, the ac-
18 tions the Secretary intends to take to im-
19 plement such recommendation, including—
20 (I) any rules, regulations, poli-
21 cies, or other guidance that have been
22 issued, revised, changed, or cancelled
23 as a result of the implementation of
24 the recommendation; and
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1 (II) any impediments to the im-
2 plementation of the recommendation;
3 (ii) with respect to a recommendation
4 with which the Secretary partially concurs,
5 the actions the Secretary intends to take to
6 implement the portion of such rec-
7 ommendation with which the Secretary
8 concurs, including—
9 (I) intermediate actions, mile-
10 stone dates, and the expected comple-
11 tion date for the implementation of
12 the portion of the recommendation;
13 and
14 (II) any rules, regulations, poli-
15 cies, or other guidance that are ex-
16 pected to be issued, revised, changed,
17 or cancelled as a result of the imple-
18 mentation of the portion of the rec-
19 ommendation;
20 (iii) with respect to a recommendation
21 with which the Secretary does not concur,
22 an explanation of why the Secretary does
23 not concur with such recommendation;
24 (iv) with respect to a recommendation
25 that the Secretary determines is not appli-
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1 cable to the Department of Transportation,
2 an explanation of the reasons for the deter-
3 mination; and
4 (v) any statutory changes that may be
5 necessary—
6 (I) to fully implement the rec-
7 ommendations specified in paragraph
8 (4) with which the Secretary concurs;
9 or
10 (II) to partially implement the
11 recommendations specified in such
12 paragraph with which the Secretary
13 partially concurs.
14 (C) A visual depiction of the status of the
15 completion of the recommendations specified in
16 paragraph (4).
17 (3) TIMING OF REPORTS.—The Secretary of
18 Transportation shall submit an initial report under
19 paragraph (1) not later than 180 days after the date
20 of the enactment of this Act. Following the sub-
21 mittal of the initial report, the Secretary shall sub-
22 mit updated versions of the report not less fre-
23 quently than once every 180 days until the date on
24 which the Secretary submits to the appropriate con-
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1 gressional committees a certification that each rec-
2 ommendation specified in paragraph (4)—
3 (A) with which the Secretary concurs—
4 (i) has been fully implemented; or
5 (ii) cannot be fully implemented, in-
6 cluding an explanation of why; and
7 (B) with which the Secretary partially con-
8 curs—
9 (i) has been partially implemented; or
10 (ii) cannot be partially implemented,
11 including an explanation of why.
12 (4) RECOMMENDATIONS SPECIFIED.—The rec-
13 ommendations specified in this paragraph are the
14 recommendations set forth in the report prepared by
15 a panel of the National Academy of Public Adminis-
16 tration pursuant to section 3513 of the National De-
18 lic Law 116–92; 133 Stat. 1979) titled ‘‘Organiza-
19 tional Assessment of the U.S. Merchant Marine
20 Academy: A Path Forward’’, dated November 2021.
21 (b) REPORT ON IMPLEMENTATION OF POLICY RE-
22 LATING TO SEXUAL HARASSMENT AND OTHER MAT-
23 TERS.—Not later than one year after the date of the en-
24 actment of this Act, the Secretary of Transportation shall
25 submit to the appropriate congressional committees a re-
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1 port on the status of the implementation of the policy on
2 sexual harassment, dating violence, domestic violence, sex-
3 ual assault, and stalking at the United States Merchant
4 Marine Academy, as required under section 51318 of title
6 (c) INSPECTOR GENERAL AUDIT.—
8 after the date of the enactment of this Act, the In-
9 spector General of the Department of Transpor-
10 tation shall initiate an audit of the actions taken by
11 the Maritime Administration to address only the fol-
12 lowing recommendations identified by a National
13 Academy of Public Administration panel in the No-
14 vember 2021 report titled ‘‘Organizational Assess-
15 ment of the United States Merchant Marine Acad-
16 emy: A Path Forward’’:
17 (A) Recommendations 4.1 through 4.3.
18 (B) Recommendations 4.7 through 4.11.
19 (C) Recommendations 5.1 through 5.4.
20 (D) Recommendations 5.6, 5.7, 5.11, 5.14,
21 5.15, 5.16, 6.6, and 6.7.
22 (E) Recommendations 6.1 through 6.4.
23 (2) REPORT.—After the completion of the audit
24 required under paragraph (1), the Inspector General
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1701
1 mittees, and make publicly available, a report con-
2 taining the results of the audit.
3 (d) IMPLEMENTATION OF RECOMMENDATIONS FROM
4 THE NATIONAL ACADEMY OF PUBLIC ADMINISTRA-
5 TION.—
6 (1) AGREEMENT FOR STUDY BY NATIONAL
7 ACADEMY OF PUBLIC ADMINISTRATION.—
8 (A) IN GENERAL.—Not later than 30 days

10 retary of Transportation shall seek to enter into
11 an agreement with the National Academy of
12 Public Administration (referred to in this sec-
13 tion as the ‘‘Academy’’) under which the Acad-
14 emy shall provide support for—
15 (i) prioritizing and addressing the rec-
16 ommendations referred to subsection (c)(1)
17 and establishing a process for prioritizing
18 other recommendations in the future;
19 (ii) the development of—
20 (I) long-term processes and a
21 timeframe for long-term process im-
22 provements; and
23 (II) corrective actions and best
24 practice criteria that can be imple-
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1 mented in the medium- and near-
2 term;
3 (iii) the establishment of a clear as-
4 signment of responsibility for the imple-
5 mentation of each recommendation re-
6 ferred to in subsection (c)(1), and a strat-
7 egy for assigning other recommendations
8 in the future; and
9 (iv) a performance measurement sys-
10 tem, including data collection and tracking
11 and evaluating progress toward goals of
12 the Merchant Marine Academy.
13 (B) REPORT OF PROGRESS.—Not later
14 than one year after the date of an agreement
15 entered into pursuant to subparagraph (A), the
16 Secretary of Transportation, in consultation
17 with the Administrator of the Merchant Marine
18 Academy, shall submit to the Maritime Admin-
19 istrator and the appropriate congressional com-
20 mittees a report on the progress made in imple-
21 menting the recommendations referred to in
22 subsection (c)(1).
23 (2) PRIORITIZATION AND IMPLEMENTATION
24 PLAN.—
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2 after the date of enactment of this Act, the
3 Maritime Administrator shall submit to the
4 Committee on Commerce, Science, and Trans-
6 Armed Services of the House of Representatives
7 a prioritization and implementation plan to as-
8 sess, prioritize, and address the recommenda-
9 tions identified by the National Academy of
10 Public Administration panel in the November
11 2021 report titled ‘‘Organizational Assessment
12 of the United States Merchant Marine Acad-
13 emy: A Path Forward’’ that Superintendent of
14 the Merchant Marine Academy determines are
15 relevant to the Maritime Administration, includ-
16 ing the recommendations referred to in sub-
17 section (c)(1). The prioritization and implemen-
18 tation plan shall—
19 (i) be developed using the strategies,
20 processes, and systems developed pursuant
21 to an agreement entered into under para-
22 graph (1);
23 (ii) include estimated timelines and
24 cost estimates for the implementation of
25 priority goals;
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1 (iii) include summaries of stakeholder
2 and interagency engagement used to assess
3 goals and timelines;
4 (iv) with respect to any recommenda-
5 tion the Superintendent determines is not
6 relevant to the Maritime Administration,
7 include an explanation for the determina-
8 tion; and
9 (v) submitted to the Inspector General
10 of the Department of Transportation and
11 the appropriate congressional committees
12 and made publicly available.
13 (B) AUDIT AND REPORT.—The Inspector
14 General of the Department of Transportation
15 shall—
16 (i) not later than 180 days after the
17 date on which the prioritization and imple-
18 mentation plan described in subparagraph
19 (A) is made publicly available, initiate an
20 audit of the actions taken by the Maritime
21 Administration to address such plan;
22 (ii) monitor the actions taken by the
23 Maritime Administration to implement rec-
24 ommendations contained in the audit re-
25 quired under clause (i) and in prior audits
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1 of the Maritime Administration’s imple-
2 mentation of National Academy of Public
3 Administration recommendations and peri-
4 odically initiate subsequent audits of the
5 continued actions taken by the Maritime
6 Administration to address the
7 prioritization and implementation plan, as
8 the Inspector General determines nec-
9 essary; and
10 (iii) after the completion of the audit
11 required under clause (i), submit to the
12 Administrator of the Maritime Administra-
13 tion and the appropriate congressional
14 committees, and make publicly available, a
15 report containing the results of the audit.
16 (C) REPORT OF PROGRESS.—Not later
17 than 180 days after the date on which the re-
18 port required under clause (ii) is made publicly
19 available, and annually thereafter, the Adminis-
20 trator of the Maritime Administration shall
21 submit to the Inspector General of the Depart-
22 ment of Transportation and the appropriate
23 congressional committees a report that includes
24 a description of—
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1 (i) the actions planned to be taken by
2 the Maritime Administration, and esti-
3 mated timeframes, to implement any open
4 or unresolved recommendation—
5 (I) included in the report of the
6 Inspector General required under sub-
7 section (B)(iii); or
8 (II) referred to in subsection
9 (c)(1); and
10 (ii) an identification of any rec-
11 ommendation referred to in clause (i) for
12 which the Maritime Administration failed
13 to meet a target action date, or for which
14 the Maritime Administration requested an
15 extension of time, and the reasons why
16 such an extension was necessary.
17 (3) AGREEMENT FOR PLAN ON CAPITAL IM-
18 PROVEMENTS.—Not later than 90 days after the

19 date of the enactment of this Act, the Maritime Ad-
20 ministrator shall seek to enter into an agreement
21 with a Federal construction agent for the develop-
22 ment of a plan to execute capital improvements at
23 the United States Merchant Marine Academy.
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1 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.—
4 (1) the Committee on Commerce, Science, and
5 Transportation of the Senate;
6 (2) the Subcommittee on Transportation, Hous-
7 ing and Urban Development, and Related Agencies
8 of the Committee on Appropriations of the Senate;
9 (3) the Committee on Transportation and In-
10 frastructure of the House of Representatives;
11 (4) the Subcommittee on Transportation, Hous-
12 ing and Urban Development, and Related Agencies
13 of the Committee on Appropriations of the House of
14 Representatives; and
17 SEC. 3516. STUDY ON CAPITAL IMPROVEMENT PROGRAM
18 AT THE USMMA.

20 States shall conduct a study of the United States Mer-
21 chant Marine Academy Capital Improvement Program.
22 The study shall include an evaluation of—
23 (1) the actions the United States Merchant Ma-
24 rine Academy has taken to bring the buildings, in-
25 frastructure, and other facilities on campus into
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1 compliance with applicable building codes and the
2 further actions required for full compliance;
3 (2) how the approach that the United States
4 Merchant Marine Academy uses to manage its cap-
5 ital assets compares with national leading practices;
6 (3) how cost estimates prepared for capital
7 asset projects compares with cost estimating leading
8 practices;
9 (4) whether the United States Merchant Marine
10 Academy has adequate staff who are trained to iden-
11 tify needed capital projects, estimate the cost of
12 those projects, perform building maintenance, and
13 manage capital improvement projects; and
14 (5) how the United States Merchant Marine
15 Academy identifies and prioritizes capital construc-
16 tion needs, and how the prioritization of such needs
17 relates to the safety, education, and wellbeing of
18 midshipmen.
19 (b) REPORT.—Not later than 18 months after the
20 date of the enactment of this section, the Comptroller
21 General shall submit to the Committee on Commerce,
22 Science, and Transportation of the Senate and the Com-
23 mittee on Transportation and Infrastructure and the
24 Committee on Armed Services of the House of Represent-
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1 atives a report containing the findings of the study con-
2 ducted under subsection (a).
3 SEC. 3517. REQUIREMENTS RELATING TO TRAINING OF
4 MERCHANT MARINE ACADEMY CADETS ON
5 CERTAIN VESSELS.
6 (a) REQUIREMENTS RELATING TO PROTECTION OF
7 CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS.—

8 (1) IN GENERAL.—Subsection (b) of section
9 51307 of title 46, United States Code, is amended
11 ‘‘(b) SEA YEAR CADETS ON CERTAIN VESSELS.—
12 ‘‘(1) REQUIREMENTS.—The Secretary shall re-
13 quire an operator of a vessel participating in the
14 Maritime Security Program under chapter 531 of
15 this title, the Cable Security Fleet under chapter
16 532 of this title, or the Tanker Security Fleet under
17 chapter 534 of this title to—
18 ‘‘(A) carry on each Maritime Security Pro-
19 gram vessel, Cable Security Fleet vessel, or
20 Tanker Security Fleet vessel 2 United States
21 Merchant Marine Academy cadets, if available,
22 on each voyage; and
23 ‘‘(B) implement and adhere to policies,
24 programs, criteria, and requirements estab-
25 lished pursuant to section 51322 of this title.
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1 ‘‘(2) FAILURE TO IMPLEMENT OR ADHERE TO
2 REQUIREMENTS.—Failure to implement or adhere to

3 the policies, programs, criteria, and requirements re-
4 ferred to in paragraph (1) may, as determined by
5 the Maritime Administrator, constitute a violation of
6 an operating agreement entered into under chapter
7 531, 532, or 534 of this title and the Maritime Ad-
8 ministrator may—
9 ‘‘(A) require the operator to take corrective
10 actions; or
11 ‘‘(B) withhold payment due to the operator
12 until the violation, as determined by the Mari-
13 time Administrator, has been remedied.
14 ‘‘(3) WITHHELD PAYMENTS.—Any payment
15 withheld pursuant to paragraph (2)(B) may be paid,
16 upon a determination by the Maritime Administrator
17 that the operator is in compliance with the policies,
18 programs, criteria, and requirements referred to in
19 paragraph (1).’’.
20 (2) APPLICABILITY.—Paragraph (2) of sub-
21 section (b) of section 51307, as amended by para-
22 graph (1), shall apply with respect to any failure to
23 implement or adhere to the policies, programs, cri-
24 teria, and requirements referred to in paragraph
25 (1)(B) of such subsection that occurs on or after the
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1 date that is one year after the date of the enactment
2 of this Act.
3 (b) CONFORMING AMENDMENTS.—Title 46, United
4 States Code, is further amended—
5 (1) in section 53106(a)(2), by inserting ‘‘or sec-
6 tion 51307(b)’’ after ‘‘this section’’;
7 (2) in section 53206(a)(2), by inserting ‘‘or sec-
8 tion 51307(b)’’ after ‘‘this section’’; and
9 (3) in section 53406(a), by inserting ‘‘or section
10 51307(b)’’ after ‘‘this section’’.
11 Subtitle C—Maritime
12 Infrastructure
13 SEC. 3521. UNITED STATES MARINE HIGHWAY PROGRAM.
14 (a) UNITED STATES MARINE HIGHWAY PROGRAM.—

17 ‘‘§ 55601. United States marine highway program
18 ‘‘(a) ESTABLISHMENT.—
19 ‘‘(1) IN GENERAL.—There is in the Department
20 of Transportation a program, to be known as the
21 ‘United States marine highway program’.
22 ‘‘(2) ADDITIONAL PROGRAM ACTIVITIES.—In
23 carrying out the program established under this sub-

24 section, the Secretary of Transportation may—
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1 ‘‘(A) coordinate with ports, State depart-
2 ments of transportation, localities, other public
3 agencies, and appropriate private sector entities
4 on the development of landside facilities and in-
5 frastructure to support marine highway trans-
6 portation; and
7 ‘‘(B) develop performance measures for the
8 program.
9 ‘‘(b) MARINE HIGHWAY TRANSPORTATION
10 ROUTES.—
11 ‘‘(1) DESIGNATION.—The Secretary may des-
12 ignate a route as a marine highway transportation
13 route, or modify such a designation, if—
14 ‘‘(A) such route—
15 ‘‘(i) provides a coordinated and capa-
16 ble alternative to landside transportation;
17 ‘‘(ii) mitigates or relieves landside
18 congestion;
19 ‘‘(iii) promotes marine highway trans-
20 portation; or
21 ‘‘(iv) uses vessels documented under
22 chapter 121; and
23 ‘‘(B) such designation or modification is
24 requested by—
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1 ‘‘(i) the government of a State or ter-
2 ritory;
3 ‘‘(ii) a metropolitan planning organi-
4 zation;
5 ‘‘(iii) a port authority;
6 ‘‘(iv) a non-Federal navigation dis-
7 trict; or
8 ‘‘(v) a Tribal government.
9 ‘‘(2) DETERMINATION.—Not later than 180
10 days after the date on which the Maritime Adminis-
11 trator receives a request for the designation or modi-
12 fication of a marine highway route under paragraph
13 (1), the Maritime Administrator shall make a deter-
14 mination of whether to make the requested designa-
15 tion or modification.
16 ‘‘(3) NOTIFICATION.—Not later than 14 days
17 after the date on which the Maritime Administrator
18 makes a determination under paragraph (2), the
19 Maritime Administrator shall notify the requester of
20 the determination.
21 ‘‘(c) MAP OF MARINE HIGHWAY PROGRAM
22 ROUTES.—
23 ‘‘(1) IN GENERAL.—The Maritime Adminis-
24 trator shall make publicly available a map showing
25 the location of marine highway routes, including
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1 such routes along the coasts, in the inland water-
2 ways, and at sea and update that map when a ma-
3 rine highway route is designated or modified pursu-
4 ant to subsection (b).
5 ‘‘(2) COORDINATION.—The Maritime Adminis-
6 trator shall coordinate with the Administrator of the
7 National Oceanic and Atmospheric Administration
8 to incorporate the map referred to in paragraph (1)
9 into the Marine Cadastre.
10 ‘‘(d) ASSISTANCE.—
11 ‘‘(1) IN GENERAL.—The Secretary may make
12 grants to, or enter into contracts or cooperative
13 agreements with, eligible entities to implement a ma-
14 rine highway transportation project or a component
15 of such a project if the Secretary determines that
16 the project or component—
17 ‘‘(A) meets the criteria referred to in sub-
18 section (b)(1)(A); and
19 ‘‘(B) develops, expands, or promotes—
20 ‘‘(i) marine highway transportation;
21 or
22 ‘‘(ii) shipper use of marine highway
23 transportation.
24 ‘‘(2) APPLICATION.—
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1 ‘‘(A) IN GENERAL.—To be eligible to re-
2 ceive a grant or to enter into a contract or co-
3 operative agreement under this subsection, an
4 eligible entity shall submit to the Secretary an
5 application in such form and manner, and at
6 such time, as the Secretary may require. Such
7 an application shall include the following:
8 ‘‘(i) A comprehensive description of—
9 ‘‘(I) the marine highway route to
10 be served by the marine highway
11 transportation project;
12 ‘‘(II) the supporters of the ma-
13 rine highway transportation project,
14 which may include business affili-
15 ations, private sector stakeholders,
16 State departments of transportation,
17 metropolitan planning organizations,
18 municipalities, or other governmental
19 entities (including Tribal govern-
20 ments), as applicable;
21 ‘‘(III) the need for such project;
22 and
23 ‘‘(IV) the performance measure
24 for the marine highway transportation
25 project, such as volumes of cargo or
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1716
1 passengers moved, or contribution to
2 environmental mitigation, safety, re-
3 duced vehicle miles traveled, or re-
4 duced maintenance and repair costs.
5 ‘‘(ii) A demonstration, to the satisfac-
6 tion of the Secretary, that—
7 ‘‘(I) the marine highway trans-
8 portation project is financially viable;
9 and
10 ‘‘(II) the funds or other assist-
11 ance provided under this subsection
12 will be spent or used efficiently and
13 effectively.
14 ‘‘(iii) Such other information as the
15 Secretary may require.
16 ‘‘(B) PRE-PROPOSAL.—
17 ‘‘(i) IN GENERAL.—Prior to accepting
18 a full application under subparagraph (A),
19 the Secretary may require that an eligible
20 entity first submit a pre-proposal that con-
21 tains a brief description of the item re-
22 ferred to in clauses (i) through (iii) of such
23 subparagraph.
24 ‘‘(ii) FEEDBACK.—Not later than 30
25 days after receiving a pre-proposal under
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1 clause (i) from an eligible entity, the Sec-
2 retary shall provide to the eligible entity
3 feedback to encourage or discourage the el-
4 igible entity from submitting a full applica-
5 tion. An eligible entity may still submit a
6 full application even if that eligible entity
7 is not encouraged to do so after submitting
8 a pre-proposal.
9 ‘‘(C) PROHIBITION.—The Secretary may
10 not require separate applications for project
11 designation and for assistance under this sec-
12 tion.
13 ‘‘(D) GRANT APPLICATION FEEDBACK.—
14 Following the award of assistance under this

15 subsection for a particular fiscal year, the Sec-
16 retary may provide feedback to an applicant to
17 help such applicant improve future applications
18 if the feedback is requested by that applicant.
19 ‘‘(3) TIMING.—
20 ‘‘(A) NOTICE OF FUNDING OPPOR-
21 TUNITY.—The Secretary shall post a notice of

22 funding opportunity regarding grants, con-
23 tracts, or cooperative agreements under this
24 subsection not more than 60 days after the date
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1 of the enactment of the appropriations Act for
2 the fiscal year concerned.
3 ‘‘(B) AWARDING OF ASSISTANCE.— The
4 Secretary shall award grants, contracts, or co-
5 operative agreements under this subsection not
6 later than 270 days after the date of the enact-
7 ment of the appropriations Act for the fiscal
8 year concerned.
9 ‘‘(4) NON-FEDERAL SHARE.—
10 ‘‘(A) IN GENERAL.—Except as provided in

11 subparagraph (B), not more than 80 percent of
12 the funding for any project for which funding
13 is provided under this subsection may come
14 from Federal sources.
15 ‘‘(B) TRIBAL GOVERNMENTS AND RURAL
16 AREAS.—The Secretary may increase the Fed-

17 eral share of funding for the project to an
18 amount above 80 percent in the case of an
19 award of assistance under this subsection—
20 ‘‘(i) to an eligible entity that is a
21 Tribal government; or
22 ‘‘(ii) for a project located in a rural
23 area.
24 ‘‘(5) PREFERENCE FOR FINANCIALLY VIABLE
25 PROJECTS.— In awarding grants or entering into
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1 contracts or cooperative agreements under this sub-
2 section, the Secretary shall give a preference to a
3 project or component of a project that presents the
4 most financially viable transportation service and re-
5 quire the lowest percentage of Federal share of the
6 funding.
7 ‘‘(6) TREATMENT OF UNEXPENDED FUNDS.—
8 Notwithstanding paragraph (3)(B), amounts award-

9 ed under this subsection that are not expended by
10 the recipient within five years after obligation of
11 funds or that are returned shall remain available to
12 the Secretary to make grants and enter into con-
13 tracts and cooperative agreements under this sub-
14 section.
15 ‘‘(7) CONDITIONS ON PROVISION OF ASSIST-
16 ANCE.—The Secretary may not provide assistance to

17 an eligible entity under this subsection unless the
18 Secretary determines that—
19 ‘‘(A) sufficient funding is available to meet
20 the non-Federal share requirement under para-
21 graph (4);
22 ‘‘(B) the marine highway project for which
23 such assistance is provided will be completed
24 without unreasonable delay; and
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1 ‘‘(C) the eligible entity has the authority to
2 implement the proposed marine highway
3 project.
4 ‘‘(8) PROHIBITED USES.—Assistance provided
5 under this subsection may not be used—
6 ‘‘(A) to improve port or land-based infra-
7 structure outside the United States; or
8 ‘‘(B) unless the Secretary determines that
9 such activities are necessary to carry out the
10 marine highway project for which such assist-
11 ance is provided, to raise sunken vessels, con-
12 struct buildings or other physical facilities, or
13 acquire land.
14 ‘‘(9) GEOGRAPHIC DISTRIBUTION.—In making
15 grants, contracts, and cooperative agreements under
16 this section the Secretary shall take such measures
17 so as to ensure an equitable geographic distribution
18 of funds.
19 ‘‘(10) ELIGIBLE ENTITY.—In this subsection,
20 the term ‘eligible entity’ means—
21 ‘‘(A) a State, a political subdivision of a
22 State, or a local government;
23 ‘‘(B) a United States metropolitan plan-
24 ning organization;
25 ‘‘(C) a United States port authority;
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1 ‘‘(D) a Tribal government; or
2 ‘‘(E) a United States private sector oper-
3 ator of marine highway projects or private sec-
4 tor owners of facilities, including an Alaska Na-
5 tive Corporation, with an endorsement letter
6 from the requester of a marine highway route
7 designation or modification referred to in sub-
8 section (b)(1)(B).’’.
9 (2) CLERICAL AMENDMENT.—The analysis for
10 chapter 556 of title 46, United States Code, is
‘‘55601. United States marine highway program.’’.
13 (b) MULTISTATE, STATE, TRIBAL, AND REGIONAL

14 TRANSPORTATION PLANNING.—
15 (1) IN GENERAL.—Chapter 556 of title 46,
17 section 55602 the following:
18 ‘‘§ 55603. Multistate, State, Tribal, and regional trans-
19 portation planning
20 ‘‘(a) IN GENERAL.—The Secretary, in consultation

21 with Federal entities, State and local governments, Tribal
22 governments, and appropriate private sector entities, may
23 develop strategies to encourage the use of marine highway
24 transportation for transportation of passengers and cargo.
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1 ‘‘(b) STRATEGIES.—If the Secretary develops strate-
2 gies under subsection (a), the Secretary may—
3 ‘‘(1) assess the extent to which States, local
4 governments, and Tribal governments include ma-
5 rine highway transportation and other marine trans-
6 portation solutions in transportation planning;
7 ‘‘(2) encourage State and Tribal departments of
8 transportation to develop strategies, where appro-
9 priate, to incorporate marine highway transpor-
10 tation, ferries, and other marine transportation solu-
11 tions for regional and interstate transport of freight
12 and passengers in transportation planning; and
13 ‘‘(3) encourage groups of States, Tribal govern-
14 ments, and multistate transportation entities to de-
15 termine how marine highways can address conges-
16 tion, bottlenecks, and other interstate transportation
17 challenges.’’.
‘‘55603. Multistate, State, Tribal, and regional transportation planning.’’.
22 (c) RESEARCH ON MARINE HIGHWAY TRANSPOR-

23 TATION.—Section 55604 of title 46, United States Code,
24 is amended—
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1723
3 (2) by inserting before paragraph (3), as redes-
4 ignated by paragraph (1), the following new para-
5 graphs:
6 ‘‘(1) the economic effects of marine highway
7 transportation on the United States economy;
8 ‘‘(2) the effects of marine highway transpor-
9 tation, including with respect to the provision of ad-
10 ditional transportation options, on rural areas;’’.
11 (d) DEFINITIONS.—
14 ‘‘
15 ‘‘§ 55605. Definitions
16 ‘‘In this chapter:
17 ‘‘(1) The term ‘marine highway transportation’
18 means the carriage by a documented vessel of cargo
19 (including such carriage of cargo and passengers), if
20 such cargo—
21 ‘‘(A) is—
22 ‘‘(i) contained in intermodal cargo
23 containers and loaded by crane on the ves-
24 sel;
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1 ‘‘(ii) loaded on the vessel by means of
2 wheeled technology, including roll-on roll-
3 off cargo;
4 ‘‘(iii) shipped in discrete units or
5 packages that are handled individually,
6 palletized, or unitized for purposes of
7 transportation;
8 ‘‘(iv) bulk, liquid, or loose cargo load-
9 ed in tanks, holds, hoppers, or on deck; or
10 ‘‘(v) freight vehicles carried aboard
11 commuter ferry boats; and
12 ‘‘(B) is—
13 ‘‘(i) loaded at a port in the United
14 States and unloaded either at another port
15 in the United States or at a port in Can-
16 ada or Mexico; or
17 ‘‘(ii) loaded at a port in Canada or
18 Mexico and unloaded at a port in the
19 United States.
20 ‘‘(2) The term ‘‘Tribal government’’ means the
21 recognized governing body of any Indian or Alaska
22 Native Tribe, band, nation, pueblo, village, commu-
23 nity, component band, or component reservation, in-
24 dividually identified (including parenthetically) in
25 the list published most recently, as of the date of en-
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1 actment of the James M. Inhofe National Defense
2 Authorization Act for Fiscal Year 2023, pursuant to
3 section 104 of the Federally Recognized Indian
4 Tribe List Act of 1994 (25 U.S.C. 5131).
5 ‘‘(3) The term ‘Alaska Native Corporation’ has
6 the meaning given the term ‘Native Corporation’
7 under section 3 of the Alaska Native Claims Settle-
8 ment Act (43 U.S.C. 1602).’’.
‘‘55605. Definitions.’’.
13 (e) REPORT ON MARITIME HIGHWAY TRANSPOR-

14 TATION IN GULF OF MEXICO AND PUGET SOUND.—Not
16 Act, the Maritime Administrator shall submit to the Com-
17 mittee on Transportation and Infrastructure of the House
18 of Representatives and the Committee on Commerce,
19 Science and Transportation of the Senate a report on op-
20 portunities for maritime highway transportation, as that
21 term is defined section 55605(1) of title 46, United States
22 Code, as amended by this section, in the Gulf of Mexico,
23 Puget Sound, and Salish Sea System by vessels docu-
24 mented under chapter 121 of title 46, united States Code.
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1 (f) DEADLINE FOR PUBLIC AVAILABILITY OF MAP.—
3 of this Act, the Maritime Administration shall make pub-
4 licly available the map of marine highway program routes
5 required to be made publicly available under subsection
6 (c) of section 55601 of title 46, United States Code, as
7 amended by this section.
8 SEC. 3522. PORT INFRASTRUCTURE DEVELOPMENT
9 GRANTS.
10 (a) IN GENERAL.—In making port infrastructure de-

11 velopment grants under section 54301 of title 46, United
12 States Code, for fiscal year 2023, the Secretary of Trans-
13 portation shall treat a project described in subsection (b)
14 as an eligible project under section 54301(a)(3) of such
15 title for purposes of making grants under section 54301(a)
16 of such title.
17 (b) PROJECT DESCRIBED.—A project described in
18 this subsection is a project to provide shore power at a
19 port that services—
20 (1) passenger vessels described in section
21 3507(k) of title 46, United States Code; and
22 (2) vessels that move goods or freight.
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1 SEC. 3523. PROJECT SELECTION CRITERIA FOR PORT IN-
2 FRASTRUCTURE DEVELOPMENT PROGRAM.
3 In making port infrastructure development grants

4 under section 54301 of title 46, United States Code, for
5 fiscal year 2023, in considering the criteria under sub-
6 paragraphs (A)(ii) and (B)(ii) of paragraph (6) of sub-
7 section (a) with respect to a project described in para-
8 graph (3) of such subsection that is located in a noncontig-
9 uous State or territory, the Secretary may take into ac-
10 count—
11 (1) the geographic isolation of the State or ter-
12 ritory; and
13 (2) the economic dependence of the State or
14 territory on the proposed project.
15 SEC. 3524. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED
16 IN THE REPORT ON STRATEGIC SEAPORTS.
17 In making port infrastructure development grants

18 under section 54301 of title 46, United States Code, for
19 fiscal year 2023, the Secretary may consider infrastruc-
20 ture improvements identified in the report on strategic
21 seaports required by section 3515 of the National Defense
23 92; 133 Stat. 1985) that would improve the commercial
24 operations of those seaports.
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1 SEC. 3525. GAO REVIEW OF GOVERNMENT EFFORTS TO
2 PROMOTE GROWTH AND MODERNIZATION OF
3 UNITED STATES MERCHANT FLEET.
4 (a) REVIEW.—The Comptroller General of the United

5 States shall conduct a review of the efforts of the United
6 States Government to promote the growth and moderniza-
7 tion of the United States maritime industry and the ves-
8 sels of the United States, as defined in section 116 of title
9 46, United States Code, including the overall efficacy of
10 United States Government financial support and policies,
11 including the Capital Construction Fund, Construction
12 Reserve Fund, and other relevant loan, grant, or other
13 programs.
15 date of the enactment of this Act, the Comptroller General
16 of the United States shall submit to the Committee on
17 Commerce, Science, and Transportation of the Senate and
18 the Committee on Transportation and Infrastructure of
19 the House of Representatives a report that includes the
20 results of a review required under subsection (a).
21 SEC. 3526. GAO REVIEW OF FEDERAL EFFORTS TO EN-
22 HANCE PORT INFRASTRUCTURE RESILIENCY
23 AND DISASTER PREPAREDNESS.
24 (a) REVIEW.—The Comptroller General of the United

25 States shall conduct a review of Federal efforts to assist
26 ports in enhancing the resiliency of key intermodal connec-
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1 tors to weather-related disasters. The review shall include
2 an analysis of the following:
3 (1) Actions being undertaken at various ports
4 to better identify critical land-side connectors that
5 may be vulnerable to disruption in the event of a
6 natural disaster, including how to communicate such
7 information during a disaster when communications
8 systems may be compromised, and the level of Fed-
9 eral involvement in such actions.
10 (2) The extent to which the Department of
11 Transportation and other Federal agencies are work-
12 ing in line with recent recommendations from key
13 resiliency reports, including the National Academies
14 of Science study on strengthening supply chain resil-
15 ience, to establish a framework for ports to follow to
16 increase resiliency to major weather-related disrup-
17 tions before such disruptions happen.
18 (3) The extent to which the Department of
19 Transportation or other Federal agencies have pro-
20 vided funds to ports for resiliency-related projects.
21 (4) The extent to which Federal agencies have
22 a coordinated approach to helping ports and the
23 multiple State, local, Tribal, and private stake-
24 holders involved, to improve resiliency prior to
25 weather-related disasters.
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2 date of the enactment of this Act, the Comptroller General
3 shall submit to the Committee on Commerce, Science, and
4 Transportation of the Senate and the Committee on
5 Transportation and Infrastructure of the House of Rep-
6 resentatives a report containing the results of the review
7 required under subsection (a).
8 SEC. 3527. STUDY ON FOREIGN INVESTMENT IN SHIPPING.
9 (a) ASSESSMENT.—Subject to the availability of ap-

10 propriations, the Under Secretary of Commerce for Inter-
11 national Trade (referred to in this section as the ‘‘Under
12 Secretary’’), in coordination with the Maritime Adminis-
13 trator, the Commissioner of the Federal Maritime Com-
14 mission, and the heads of other relevant agencies, shall
15 conduct an assessment of subsidies, indirect state support,
16 and other financial infrastructure or benefits provided by
17 foreign states that control more than one percent of the
18 world merchant fleet to entities or individuals building,
19 owning, chartering, operating, or financing vessels not
20 documented under the laws of the United States that are
21 engaged in foreign commerce.
23 of the enactment of this Act, the Under Secretary shall
24 submit to the appropriate committees of Congress, as de-
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1731
1 fined in section 3515(e), a report on the assessment con-
2 ducted under subsection (a). Such report shall include—
3 (1) the amount, in United States dollars, of
4 subsidies, indirect state support, and other financial
5 infrastructure or benefits provided by a foreign state
6 described in subsection (a) to—
7 (A) the shipping industry of each country
8 as a whole;
9 (B) the shipping industry as a percent of
10 gross domestic product of each country; and
11 (C) each ship on average, by ship type for
12 cargo, tanker, and bulk;
13 (2) the amount, in United States dollars, of
14 subsidies, indirect state support, and other financial
15 infrastructure or benefits provided by a foreign state
16 described in subsection (a) to the shipping industry
17 of another foreign state, including favorable finan-
18 cial arrangements for ship construction;
19 (3) a description of the shipping industry activi-
20 ties of state-owned enterprises of a foreign state de-
21 scribed in subsection (a);
22 (4) a description of the type of support pro-
23 vided by a foreign state described in subsection (a),
24 including tax relief, direct payment, indirect support
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1732
1 of state-controlled financial entities, or other such
2 support, as determined by the Under Secretary; and
3 (5) a description of how the subsidies provided
4 by a foreign state described in subsection (a) may be
5 disadvantaging the competitiveness of vessels docu-
6 mented under the laws of the United States that are
7 engaged in foreign commerce and the national secu-
8 rity of the United States.
10 (1) The term ‘‘foreign commerce’’ means—
11 (A) commerce or trade between the United
12 States, its territories or possessions, or the Dis-
13 trict of Columbia, and a foreign country;
14 (B) commerce or trade between foreign
15 countries; or
16 (C) commerce or trade within a foreign
17 country.
18 (2) The term ‘‘foreign state’’ has the meaning
19 given the term in section 1603(a) of title 28, United
20 States Code.
21 (3) The term ‘‘shipping industry’’ means the
22 construction, ownership, chartering, operation, or fi-
23 nancing of vessels engaged in foreign commerce.
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1 SEC. 3528. REPORT ON ALTERNATE MARINE FUEL BUN-
2 KERING FACILITIES AT PORTS.

4 date of enactment of this Act, the Maritime Administrator
5 shall make publicly available on an appropriate website a
6 report on the necessary port-related infrastructure needed
7 to support bunkering facilities for liquefied natural gas,
8 hydrogen, ammonia, or other new marine fuels under de-
9 velopment.
10 (b) CONTENTS.—The report required under sub-
11 section (a) shall include—
12 (1) information about the existing United
13 States infrastructure, in particular the storage facili-
14 ties, bunkering vessels, and transfer systems to sup-
15 port bunkering facilities for liquefied natural gas,
16 hydrogen, ammonia, or other new marine fuels
17 under development;
18 (2) a review of the needed upgrades to United
19 States infrastructure, including storage facilities,
20 bunkering vessels, and transfer systems, to support
21 bunkering facilities for liquefied natural gas, hydro-
22 gen, ammonia, or other new marine fuels under de-
23 velopment;
24 (3) an assessment of the estimated Government
25 investment in this infrastructure and the duration of
26 that investment; and
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1 (4) in consultation with the heads of other rel-
2 evant Federal agencies, information on the relevant
3 Federal agencies that would oversee the permitting
4 and construction of bunkering facilities for liquefied
5 natural gas, hydrogen, ammonia, or other new ma-
6 rine fuels, as well as the Federal funding grants or
7 formula programs that could be used for such ma-
8 rine fuels.
9 SEC. 3529. STUDY OF CYBERSECURITY AND NATIONAL SE-
10 CURITY THREATS POSED BY FOREIGN MANU-
11 FACTURED CRANES AT UNITED STATES
12 PORTS.
13 (a) STUDY.—The Maritime Administrator, in con-

14 sultation with the Secretary of Homeland Security, the
15 Secretary of Defense, and the Director of the Cybersecu-
16 rity and Infrastructure Security Agency, shall conduct a
17 study to assess whether there are cybersecurity or national
18 security threats posed by foreign manufactured cranes at
19 United States ports.
20 (b) REPORT.—
22 after the date of enactment of this Act, the Maritime
23 Administrator shall submit to the Committee on
24 Commerce, Science, and Transportation of the Sen-
25 ate, the Committee on Armed Services of the Senate,
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1 the Committee on Homeland Security and Govern-
2 mental Affairs of the Senate, the Committee on
4 Representatives, and the Committee on Armed Serv-
5 ices of the House of Representatives a report con-
6 taining the results of the study required under sub-
7 section (a).
8 (2) FORM OF REPORT.—The report required
9 under paragraph (1) shall be submitted in unclassi-
10 fied form, but may include a classified annex.
11 Subtitle D—Maritime Workforce
12 SEC. 3531. IMPROVING PROTECTIONS FOR MIDSHIPMEN.
13 (a) SUPPORTING THE UNITED STATES MERCHANT

14 MARINE ACADEMY.—Chapter 513 of title 46, United
16 lowing:
17 ‘‘§ 51325. Sexual assault and sexual harassment pre-
18 vention information management system
19 ‘‘(a) INFORMATION MANAGEMENT SYSTEM.—

20 ‘‘(1) IN GENERAL.—Not later than January 1,
21 2023, the Maritime Administrator shall establish
22 within the United States Merchant Marine Academy
23 Sexual Assault prevention and Response Program,
24 an information management system to track and
25 maintain, in such a manner that patterns can be
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1 reasonably identified, information regarding claims
2 and incidents involving cadets that are reportable
3 pursuant to subsection (d) of section 51318 of this
4 chapter.
5 ‘‘(2) INFORMATION MAINTAINED IN THE SYS-
6 TEM.—Information maintained in the system estab-

7 lished under paragraph (1) shall include the fol-
8 lowing information, to the extent that information is
9 available:
10 ‘‘(A) The overall number of sexual assault
11 or sexual harassment incidents per fiscal year.
12 ‘‘(B) The location of each such incident,
13 including vessel name and the name of the com-
14 pany operating the vessel, if applicable.
15 ‘‘(C) The standardized job title or position
16 of the individuals involved in each such inci-
17 dent.
18 ‘‘(D) The general nature of each such inci-
19 dent, to include copies of any associated reports
20 completed on the incidents.
21 ‘‘(E) The type of inquiry made into each
22 such incident.
23 ‘‘(F) A record of whether each such inci-
24 dent was substantiated by the relevant inves-
25 tigative process.
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1 ‘‘(3) PAST INFORMATION INCLUDED.—The in-
2 formation management system under this section
3 shall include the relevant data listed in this sub-
4 section related to sexual assault and sexual harass-
5 ment that the Maritime Administrator possesses,
6 and shall not be limited to data collected after Janu-
7 ary 1, 2023.
8 ‘‘(4) PRIVACY PROTECTIONS.—The Maritime
9 Administrator and the Chief Information Officer of
10 the Department of Transportation shall coordinate
11 to ensure that the information management system
12 under this section shall—
13 ‘‘(A) be established and maintained in a
14 secure fashion to ensure the protection of the
15 privacy of any individuals whose information is
16 entered in such system; and
17 ‘‘(B) be free of personally identifiable in-
18 formation and maintain only the data required
19 to satisfy the statistical purpose of such system.
20 ‘‘(5) CYBERSECURITY AUDIT.—Ninety days
21 after the implementation of the information manage-
22 ment system, the Office of Inspector General of the
23 Department of Transportation shall commence an
24 audit of the cybersecurity of the system and shall
25 submit a report containing the results of that audit
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December 6, 2022 (7:20 p.m.)
1738
1 to the Committee on Commerce, Science, and Trans-
4 Representatives.
5 ‘‘(6) CORRECTING RECORDS.—In establishing
6 the information management system, the Maritime
7 Administrator shall create a process to ensure that
8 if any incident report results in a final agency action
9 or final judgement that acquits an individual of
10 wrongdoing, all personally identifiable information
11 about the acquitted individual is removed from that
12 incident report in the system.
13 ‘‘(b) SEA YEAR PROGRAM.—The Maritime Adminis-
14 trator shall provide for the establishment of in-person and
15 virtual confidential exit interviews, to be conducted by per-
16 sonnel who are not involved in the assignment of the mid-
17 shipmen to a Sea Year vessel, for midshipmen from the
18 Academy upon completion of Sea Year and following com-
19 pletion by the midshipmen of the survey under section
20 51322(d).
21 ‘‘(c) DATA-INFORMED DECISIONMAKING.—The data
22 maintained in the data management system under sub-
23 section (a) and through the exit interviews under sub-
24 section (b) shall be affirmatively referenced and used to
25 inform the creation of new policy or regulation, or changes
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1739
1 to any existing policy or regulation, in the areas of sexual
2 harassment, dating violence, domestic violence, sexual as-
3 sault, and stalking.
4 ‘‘§ 51326. Student advisory board at the United States
5 Merchant Marine Academy
6 ‘‘(a) IN GENERAL.—The Maritime Administrator

7 shall establish at the United States Merchant Marine
8 Academy an advisory board to be known as the Advisory
9 Board to the Secretary of Transportation (referred to in
10 this section as the ‘Advisory Board’).
11 ‘‘(b) MEMBERSHIP.—The Advisory Board shall be
12 composed of not fewer than 12 midshipmen of the Mer-
13 chant Marine Academy who are enrolled at the Merchant
14 Marine Academy at the time of the appointment, including
15 not fewer than 3 cadets from each class.
16 ‘‘(c) APPOINTMENT; TERM.—Midshipmen shall serve
17 on the Advisory Board pursuant to appointment by the
18 Maritime Administrator. Appointments shall be made not
19 later than 60 days after the date of the swearing in of
20 a new class of midshipmen at the Academy. The term of
21 membership of a midshipmen on the Advisory Board shall
22 be 1 academic year.
23 ‘‘(d) REAPPOINTMENT.—The Maritime Adminis-
24 trator may reappoint not more than 6 cadets from the pre-
25 vious term to serve on the Advisory Board for an addi-
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1740
1 tional academic year if the Maritime Administrator deter-
2 mines such reappointment to be in the best interests of
3 the Merchant Marine Academy.
4 ‘‘(e) MEETINGS.—The Advisory Board shall meet
5 with the Secretary of Transportation not less than once
6 each academic year to discuss the activities of the Advisory
7 Board. The Advisory Board shall meet in person with the
8 Maritime Administrator not less than 2 times each aca-
9 demic year to discuss the activities of the Advisory Board.
10 ‘‘(f) DUTIES.—The Advisory Board shall—
11 ‘‘(1) identify health and wellbeing, diversity,
12 and sexual assault and harassment challenges and
13 other topics considered important by the Advisory
14 Board facing midshipmen at the Merchant Marine
15 Academy, off campus, and while aboard ships during
16 Sea Year or other training opportunities;
17 ‘‘(2) discuss and propose possible solutions, in-
18 cluding improvements to culture and leadership de-
19 velopment at the Merchant Marine Academy; and
20 ‘‘(3) periodically review the efficacy of the pro-
21 gram in section 51325(b), as appropriate, and pro-
22 vide recommendations to the Maritime Adminis-
23 trator for improvement.
24 ‘‘(g) WORKING GROUPS.—The Advisory Board may
25 establish one or more working groups to assist the Advi-
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1741
1 sory Board in carrying out its duties, including working
2 groups composed in part of midshipmen at the Merchant
3 Marine Academy who are not current members of the Ad-
4 visory Board.
5 ‘‘(h) REPORTS AND BRIEFINGS.—The Advisory
6 Board shall regularly provide the Secretary of Transpor-
7 tation and the Maritime Administrator reports and brief-
8 ings on the results of its duties, including recommenda-
9 tions for actions to be taken in light of such results. Such
10 reports and briefings may be provided in writing, in per-
11 son, or both.
12 ‘‘§ 51327. Sexual Assault Advisory Council
13 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
14 tation shall establish a Sexual Assault Advisory Council
15 (in this section referred to as the ‘Council’).
16 ‘‘(b) MEMBERSHIP.—
17 ‘‘(1) IN GENERAL.—The Council shall be com-
18 posed of not fewer than 8 and not more than 14 in-
19 dividuals selected by the Secretary of Transportation
20 who are alumni that have graduated within the last
21 4 years or current midshipmen of the United States
22 Merchant Marine Academy (including midshipmen
23 or alumni who were victims of sexual assault, to the
24 maximum extent practicable, and midshipmen or
25 alumni who were not victims of sexual assault) and
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1 governmental and nongovernmental experts and pro-
2 fessionals in the sexual assault field.
3 ‘‘(2) EXPERTS INCLUDED.—The Council shall
4 include—
5 ‘‘(A) not less than 1 member who is li-
6 censed in the field of mental health and has
7 prior experience working as a counselor or ther-
8 apist providing mental health care to survivors
9 of sexual assault in a victim services agency or
10 organization; and
11 ‘‘(B) not less than 1 member who has
12 prior experience developing or implementing
13 sexual assault or sexual harassment prevention
14 and response policies in an academic setting.
15 ‘‘(3) RULES REGARDING MEMBERSHIP.—No
16 employee of the Department of Transportation shall

17 be a member of the Council. The number of govern-
18 mental experts appointed to the Council shall not ex-
19 ceed the number of nongovernmental experts.
20 ‘‘(c) DUTIES; AUTHORIZED ACTIVITIES.—
21 ‘‘(1) IN GENERAL.—The Council shall meet not
22 less often than semiannually to—
23 ‘‘(A) review—
24 ‘‘(i) the policies on sexual harassment,
25 dating violence, domestic violence, sexual
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1 assault, and stalking under section 51318
2 of this title;
3 ‘‘(ii) the trends and patterns of data
4 contained in the system described under
5 section 51325 of this title; and
6 ‘‘(iii) related matters the Council
7 views as appropriate; and
8 ‘‘(B) develop recommendations designed to
9 ensure that such policies and such matters con-
10 form, to the extent practicable, to best practices
11 in the field of sexual assault and sexual harass-
12 ment response and prevention.
13 ‘‘(2) AUTHORIZED ACTIVITIES.—To carry out
14 this subsection, the Council may—
15 ‘‘(A) interview current and former mid-
16 shipmen of the United States Merchant Marine
17 Academy (to the extent that such midshipmen
18 provide the Department of Transportation ex-
19 press consent to be interviewed by the Council);
20 and
21 ‘‘(B) review surveys under section
22 51322(d).
23 ‘‘(3) PERSONALLY IDENTIFIABLE INFORMA-
24 TION.—In carrying out this subsection, the Council

25 shall comply with the obligations of the Department
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1 of Transportation to protect personally identifiable
2 information.
3 ‘‘(d) REPORTS.—On an annual basis for each of the
4 5 years after the date of enactment of this section, and
5 at the discretion of the Council thereafter, the Council
6 shall submit, to the President and the Committee on Com-
7 merce, Science, and Transportation and the Committee on
8 Appropriations of the Senate and the Committee on
9 Transportation and Infrastructure and the Committee on
10 Appropriations of the House of Representatives, a report
11 on the Council’s findings based on the reviews conducted
12 pursuant to subsection (c) and related recommendations.
13 ‘‘(e) EMPLOYEE STATUS.—Members of the Council
14 shall not be considered employees of the United States
15 Government for any purpose and shall not receive com-
16 pensation other than reimbursement of travel expenses
17 and per diem allowance in accordance with section 5703
18 of title 5.
19 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal
20 Advisory Committee Act (5 U.S.C. App.) shall not apply
21 to the Council.
22 ‘‘§ 51328. Student support
23 ‘‘The Maritime Administrator shall—
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1745
1 ‘‘(1) require a biannual survey of midshipmen,
2 faculty, and staff of the Academy assessing the envi-
3 ronment of the Academy; and
4 ‘‘(2) require an annual survey of faculty and
5 staff of the Academy assessing the Sea Year pro-
6 gram.’’.
7 (b) REPORT TO CONGRESS.—Not later than 30 days
8 after the date of enactment of this section, the Maritime
9 Administrator shall provide Congress with a briefing on
10 the resources necessary to properly implement section
11 51328 of title 46, United States Code, as added by this
12 section.
13 (c) CONFORMING AMENDMENTS.—The chapter anal-
14 ysis for chapter 513 of title 46, United States Code, is
‘‘51325. Sexual assault and sexual harassment prevention information manage-
ment system.
‘‘51326. Student advisory board at the United States Merchant Marine Acad-
emy.
‘‘51327. Sexual Assault Advisory Council.
‘‘51328. Student support.’’.
16 (d) UNITED STATES MERCHANT MARINE ACADEMY

17 STUDENT SUPPORT PLAN.—
18 (1) STUDENT SUPPORT PLAN.—Not later than
19 January 1, 2023, the Maritime Administrator shall
20 issue a Student Support Plan for the United States
21 Merchant Marine Academy, in consultation with rel-
22 evant mental health professionals in the Federal
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1746
1 Government or experienced with the maritime indus-
2 try or related industries. Such plan shall—
3 (A) address the mental health resources
4 available to midshipmen, both on-campus and
5 during Sea Year;
6 (B) establish a tracking system for suicidal
7 ideations and suicide attempts of midshipmen,
8 which excludes personally identifiable informa-
9 tion;
10 (C) create an option for midshipmen to ob-
11 tain assistance from a professional care pro-
12 vider virtually; and
13 (D) require an annual survey of faculty
14 and staff assessing the adequacy of mental
15 health resources for midshipmen of the Acad-
16 emy, both on campus and during Sea Year.
17 (2) REPORT TO CONGRESS.—Not later than 30
18 days after the date of enactment of this section, the
19 Maritime Administrator shall provide Congress with
20 a report on the resources necessary to properly im-
21 plement this subsection.
22 (e) SPECIAL VICTIMS ADVISOR.—Section 51319 of
25 section (d);
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1747
2 lowing:
3 ‘‘(c) SPECIAL VICTIMS ADVISOR.—
4 ‘‘(1) IN GENERAL.—The Secretary shall des-
5 ignate an attorney (to be known as the ‘Special Vic-
6 tims Advisor’) for the purpose of providing legal as-
7 sistance to any cadet of the Academy who is the vic-
8 tim of an alleged sex-related offense regarding ad-
9 ministrative and criminal proceedings related to such
10 offense, regardless of whether the report of that of-
11 fense is restricted or unrestricted.
12 ‘‘(2) SPECIAL VICTIMS ADVISORY.—The Sec-
13 retary shall ensure that the attorney designated as
14 the Special Victims Advisor has knowledge of the
15 Uniform Code of Military Justice, as well as crimi-
16 nal and civil law.
17 ‘‘(3) PRIVILEGED COMMUNICATIONS.—Any
18 communications between a victim of an alleged sex-

19 related offense and the Special Victim Advisor, when
20 acting in their capacity as such, shall have the same
21 protection that applicable law provides for confiden-
22 tial attorney-client communications.’’; and
24 ‘‘(e) UNFILLED VACANCIES.—The Administrator of
25 the Maritime Administration may appoint qualified can-
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December 6, 2022 (7:20 p.m.)
1748
1 didates to positions under subsections (a) and (d) of this
2 section without regard to sections 3309 through 3319 of
3 title 5.’’.
4 (f) CATCH A SERIAL OFFENDER ASSESSMENT.—
5 (1) ASSESSMENT.—Not later than one year
6 after the date of enactment of this section, the Com-
7 mandant of the Coast Guard, in coordination with
8 the Maritime Administrator, shall conduct an assess-
9 ment of the feasibility and process necessary, and
10 appropriate responsible entities to establish a pro-
11 gram for the United States Merchant Marine Acad-
12 emy and United States Merchant Marine modeled on
13 the Catch a Serial Offender program of the Depart-
14 ment of Defense using the information management
15 system required under subsection (a) of section
16 51325 of title 46, United States Code, and the exit
17 interviews under subsection (b) of such section.
18 (2) LEGISLATIVE CHANGE PROPOSALS.—If, as
19 a result of the assessment required by paragraph
20 (1), the Commandant or the Administrator deter-
21 mines that additional authority is necessary to im-
22 plement the program described in paragraph (1), the
23 Commandant or the Administrator, as applicable,
24 shall provide appropriate legislative change proposals
25 to Congress.
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1749
1 (g) SHIPBOARD TRAINING.—Section 51322(a) of title
2 46, United States Code, is amended by adding at the end
3 the following:
4 ‘‘(3) TRAINING.—
5 ‘‘(A) IN GENERAL.—As part of training
6 that shall be provided not less than semiannu-
7 ally to all midshipmen of the Academy, pursu-
8 ant to section 51318, the Maritime Adminis-
9 trator shall develop and implement comprehen-
10 sive in-person sexual assault risk-reduction and
11 response training that, to the extent prac-
12 ticable, conforms to best practices in the sexual
13 assault prevention and response field and in-
14 cludes appropriate scenario-based training.
15 ‘‘(B) DEVELOPMENT AND CONSULTATION
16 WITH EXPERTS.—In developing the sexual as-

17 sault risk-reduction and response training
18 under subparagraph (A), the Maritime Admin-
19 istrator shall consult with and incorporate, as
20 appropriate, the recommendations and views of
21 experts in the sexual assault field.’’.
22 SEC. 3532. MARITIME TECHNICAL ADVANCEMENT ACT.

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1750
1 (1) by striking subsection (a) and inserting the
2 following:
3 ‘‘(a) DESIGNATION.—The Secretary of Transpor-
4 tation may designate as a center of excellence for domestic
5 maritime workforce training and education an entity
6 which is a covered training entity.’’;
7 (2) by striking subsection (b) and inserting the
8 following:
9 ‘‘(b) GRANT PROGRAM.—
10 ‘‘(1) IN GENERAL.—The Secretary may award
11 a maritime career training grant to a center of ex-
12 cellence designated under subsection (a) for the pur-
13 pose of developing, offering, or improving career and
14 technical education or training programs related to
15 the United States maritime industry for United
16 States workers.
17 ‘‘(2) GRANT PROPOSAL.—To be eligible to re-
18 ceive a grant under this subsection, a center of ex-
19 cellence designated under subsection (a) shall submit
20 to the Secretary a grant proposal that includes a de-
21 tailed description of—
22 ‘‘(A) the specific project proposed to be
23 funded by the grant, including a description of
24 the manner in which the grant will be used to
25 develop, offer, or improve a career and technical
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1 education or training program that is suited to
2 United States maritime industry workers;
3 ‘‘(B) the extent to which the project for
4 which the grant proposal is submitted will meet
5 the educational or career training needs of
6 United States maritime industry workers;
7 ‘‘(C) any previous experience of the center
8 of excellence in providing United States mari-
9 time industry career and technical education or
10 training programs;
11 ‘‘(D) how the project proposed to be fund-
12 ed by the grant would address shortcomings in
13 existing educational or career training opportu-
14 nities available to United States maritime in-
15 dustry workers; and
16 ‘‘(E) the extent to which employers, includ-
17 ing small and medium-sized firms, have dem-
18 onstrated a commitment to employing United
19 States maritime industry workers who would
20 benefit from the project for which the grant
21 proposal is submitted.
22 ‘‘(3) CRITERIA FOR AWARD OF GRANTS.—Sub-
23 ject to the appropriation of funds to carry out this

24 section, the Secretary shall award grants under this
25 subsection to centers of excellence based on—
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1 ‘‘(A) an determination of the merits of a
2 grant proposal submitted under paragraph (2)
3 to develop, offer, or improve career and tech-
4 nical education or training programs to be
5 made available to United States maritime in-
6 dustry workers;
7 ‘‘(B) an evaluation of the likely employ-
8 ment opportunities available to United States
9 maritime industry workers who complete a mar-
10 itime career and technical education or training
11 program that a center proposes to develop,
12 offer, or improve; and
13 ‘‘(C) an evaluation of prior demand for
14 training programs by workers served by centers
15 of excellence designated under subsection (a),
16 as well as the availability and capacity of exist-
17 ing maritime training programs to meet future
18 demand for training programs.
19 ‘‘(4) COMPETITIVE AWARDS.—
20 ‘‘(A) IN GENERAL.—The Secretary shall

21 award grants under this subsection to centers
22 of excellence designated under subsection (a) on
23 a competitive basis.
24 ‘‘(B) TIMING OF GRANT NOTICE.—The
25 Secretary shall post a Notice of Funding Op-
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1753
1 portunity regarding grants awarded under this
2 subsection not more than 90 days after the date
3 of the enactment of the appropriations Act for
4 the fiscal year concerned.
5 ‘‘(C) TIMING OF GRANTS.—The Secretary
6 shall award grants under this subsection not
7 later than 270 days after the date of the enact-
8 ment of the appropriations Act for the fiscal
9 year concerned.
10 ‘‘(D) REUSE OF UNEXPENDED GRANT
11 FUNDS.—Notwithstanding subparagraph (C),

12 amounts awarded as a grant under this sub-
13 section that are not expended by the grantee
14 shall remain available to the Secretary for use
15 for grants under this subsection.
16 ‘‘(E) ADMINISTRATIVE COSTS.—Not more
17 than 3 percent of amounts made available to
18 carry out this subsection may be used for the
19 necessary costs of grant administration.
20 ‘‘(F) PROHIBITED USE.—A center of excel-
21 lence designated under subsection (a) that has
22 received funds awarded under section
23 54101(a)(2) for training purposes for a fiscal
24 year shall not be eligible for grants under this
25 subsection during the same fiscal year.’’; and
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4 ‘‘(1) COVERED TRAINING ENTITY.—The term
5 ‘covered training entity’ means an entity that—
6 ‘‘(A) is located in a State that borders on
7 the—
8 ‘‘(i) Gulf of Mexico;
9 ‘‘(ii) Atlantic Ocean;
10 ‘‘(iii) Long Island Sound;
11 ‘‘(iv) Pacific Ocean;
12 ‘‘(v) Great Lakes; or
13 ‘‘(vi) Mississippi River System;
14 ‘‘(B) is—
15 ‘‘(i) a postsecondary educational insti-
16 tution (as such term is defined in section
17 3(39) of the Carl D. Perkins Career and
18 Technical Education Act of 2006 (20
19 U.S.C. 2302));
20 ‘‘(ii) a postsecondary vocational insti-
21 tution (as such term is defined in section
22 102(c) of the Higher Education Act of
23 1965 (20 U.S.C. 1002(c));
24 ‘‘(iii) a public or private nonprofit en-
25 tity that offers one or more other struc-
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1 tured experiential learning training pro-
2 grams for United States workers in the
3 United States maritime industry, including
4 a program that is offered by a labor orga-
5 nization or conducted in partnership with a
6 nonprofit organization or one or more em-
7 ployers in the United States maritime in-
8 dustry;
9 ‘‘(iv) an entity sponsoring an appren-
10 ticeship program registered with the Office
11 of Apprenticeship of the Employment and
12 Training Administration of the Depart-
13 ment of Labor or a State apprenticeship
14 agency recognized by the Office of Appren-
15 ticeship pursuant to the Act of August 16,
16 1937 (commonly known as the ‘National
17 Apprenticeship Act’; 50 Stat. 664, chapter
18 663; 29 U.S.C. 50 et seq.); or
19 ‘‘(v) a maritime training center des-
20 ignated prior to the date of enactment of
21 the National Defense Authorization Act for
22 Fiscal Year 2023; and
23 ‘‘(C) has a demonstrated record of success
24 in maritime workforce training and education.’’;
25 and
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2 ‘‘(3) CAREER AND TECHNICAL EDUCATION.—
3 The term ‘career and technical education’ has the

4 meaning given such term in section 3(5) of the Carl
5 D. Perkins Career and Technical Education Act (20
6 U.S.C. 2302).
7 ‘‘(4) SECRETARY.—The term ‘Secretary’ means
8 the Secretary of Transportation.
9 ‘‘(5) TRAINING PROGRAM.—The term ‘training
10 program’ means a program that provides training
11 services, as described in section 134(c)(3)(D) of the
12 Workforce Innovation and Opportunity Act (Public
13 Law 113–128; 29 U.S.C. 3174).
14 ‘‘(6) UNITED STATES MARITIME INDUSTRY.—
15 The term ‘United States maritime industry’ means

16 the design, construction, repair, operation, manning,
17 and supply of vessels in all segments of the maritime
18 transportation system of the United States, includ-
19 ing—
20 ‘‘(A) the domestic and foreign trade;
21 ‘‘(B) the coastal, offshore, and inland
22 trade;
23 ‘‘(C) non-commercial maritime activities,
24 including—
25 ‘‘(i) recreational boating; and
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1 ‘‘(ii) oceanographic and limnological
2 research as described in section
3 2101(24).’’.
4 (b) PUBLICLY AVAILABLE REPORT.—Not later than
5 December 15 in each of calendar years 2022 through
6 2024, the Secretary of Transportation shall make publicly
7 available on an appropriate website a report, and provide
8 to the Committee on Commerce, Science, and Transpor-
9 tation of the Senate and the Committee on Transportation
10 and Infrastructure of the House of Representatives a
11 briefing, on the implementation of the amendments under
12 this section. Such report and briefing shall include—
13 (1) a description of each grant awarded under
14 subsection (b) of section 51706 of title 46, United
15 States Code, as amended by subsection (a), during
16 the fiscal year preceding the fiscal year during which
17 the report is submitted; and
18 (2) an assessment of the effects of each such
19 grant under this subsection on workers who received
20 training provided pursuant to the grant during the
21 fiscal year preceding the fiscal year during which the
22 report was submitted.
23 (c) GUIDELINES.—Not later than one year after the
24 date of enactment of this Act, the Secretary of Transpor-
25 tation shall—
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1 (1) prescribe guidelines for the submission of
2 grant proposals under section 51706(b) of title 46,
3 United States Code, as amended by subsection (a);
4 and
5 (2) publish and maintain such guidelines on the
6 website of the Department of Transportation.
7 (d) ASSISTANCE FOR SMALL SHIPYARDS.—Section
8 54101(e) of title 46, United States Code, is amended by
9 striking paragraph (2) and inserting the following:
10 ‘‘(2) ALLOCATION OF FUNDS.—
11 ‘‘(A) IN GENERAL.—The Administrator

12 may not award more than 25 percent of the
13 funds made available to carry out this section
14 for any fiscal year to any small shipyard in one
15 geographic location that has more than 600 em-
16 ployees.
17 ‘‘(B) INELIGIBILITY.—A maritime training
18 center that has received funds awarded under
19 section 51706 of title 46, United States Code,
20 shall not be eligible for grants under this sub-
21 section for training purposes in the same fiscal
22 year.’’.
23 SEC. 3533. ENSURING DIVERSE MARINER RECRUITMENT.
24 Not later than six months after the date of the enact-
25 ment of this Act, the Secretary of Transportation shall
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1 develop and deliver to Congress a strategy to assist State
2 maritime academies and the United States Merchant Ma-
3 rine Academy in improving the representation in the next
4 generation of the mariner workforce of women and under-
5 represented communities, including each of the following:
6 (1) Black and African American.
7 (2) Hispanic and Latino.
8 (3) Asian.
9 (4) American Indian, Alaska Native, and Native
10 Hawaiian.
11 (5) Pacific Islander.
12 SEC. 3534. LOW EMISSIONS VESSELS TRAINING.
13 (a) DEVELOPMENT OF STRATEGY.—The Secretary of

14 Transportation, in consultation with the United States
15 Merchant Marine Academy, State maritime academies, ci-
16 vilian nautical schools, and the Secretary of the depart-
17 ment in which Coast Guard is operating, shall develop a
18 strategy to ensure there is an adequate supply of trained
19 United States citizen mariners sufficient to meet the oper-
20 ational requirements of low and zero emission vessels. Im-
21 plementation of the strategy shall aim to increase the sup-
22 ply of trained United States citizen mariners sufficient to
23 meet the needs of the maritime industry and ensure con-
24 tinued investment in training for mariners serving on con-
25 ventional fuel vessels.
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1760
2 date the Secretary of Transportation determines that
3 there is commercially viable technology for low and zero
4 emission vessels, the Secretary of Transportation shall—
5 (1) submit to the Committee on Commerce,
6 Science, and Transportation of the Senate and the
7 Committee on Transportation and Infrastructure of
8 the House of Representatives a report on the strat-
9 egy developed under subsection (a) and plans for its
10 implementation; and
11 (2) make such report publicly available.
12 Subtitle E—Other Matters
13 SEC. 3541. WAIVER OF NAVIGATION AND VESSEL INSPEC-
14 TION LAWS.

16 amended—
20 ‘‘(1) IN GENERAL.—Upon a determination by
21 the President that a waiver of the navigation or ves-
22 sel-inspection laws is necessary in the interest of na-
23 tional defense, the head of an agency responsible for
24 the administration of such laws, may waive compli-
25 ance with such laws—
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1761
1 ‘‘(A) following a determination in accord-
2 ance with the requirements of paragraph (3) by
3 the Maritime Administrator, acting in the Ad-
4 ministrator’s capacity as Director, National
5 Shipping Authority, of the non-availability of
6 qualified United States flag capacity to meet
7 national defense requirements;
8 ‘‘(B) not earlier than 48 hours after a
9 waiver request is published under paragraph
10 (6)(A); and
11 ‘‘(C) on a vessel specific basis to the ex-
12 tent, in the manner, and on the terms the head
13 of such agency, in consultation with the Admin-
14 istrator, acting in such capacity, prescribes.’’;
15 (B) in paragraph (2)(B) by striking ‘‘de-
16 terminations referred to in paragraph (1)’’ and
17 inserting ‘‘determination referred to in para-
18 graph (1)(A)’’;
19 (C) in paragraph (3) by striking subpara-
20 graph (A) and inserting the following:
21 ‘‘(A) for each determination referred to in
22 paragraph (1)(A)—
23 ‘‘(i) identify any actions that could be
24 taken to enable qualified United States
25 flag capacity to meet national defense re-
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December 6, 2022 (7:20 p.m.)
1762
1 quirements prior to the issuance of a waiv-
2 er; and
3 ‘‘(ii) not assess the non-availability of
4 qualified United States flag capacity to
5 meet national defense requirements retro-
6 spectively after the date on which a waiver
7 is requested;’’; and
8 (D) by adding at the end the following:
9 ‘‘(5) PROSPECTIVE APPLICATION.—No waiver
10 shall be issued for a vessel if, at the time of the
11 waiver request under this section, such vessel is
12 laden with merchandise that, pursuant to the re-
13 quested waiver, could be unladen at points or places
14 to which the coastwise laws apply.
15 ‘‘(6) PUBLICATION REQUIREMENTS.—
16 ‘‘(A) PUBLICATION OF WAIVER RE-
17 QUESTS.—Upon receiving a request for a waiver

18 under this subsection, the head of an agency re-
19 ferred to in paragraph (1) shall publish such re-
20 quest on the website of such agency.
21 ‘‘(B) PUBLICATION OF WAIVER DENIAL.—
22 Not later than 48 hours after denying a waiver

23 requested under this subsection, the head of an
24 agency referred to in paragraph (1) shall pub-
25 lish on the website of such agency an expla-
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December 6, 2022 (7:20 p.m.)
1763
1 nation for denying such waiver, including appli-
2 cable findings to support the denial.’’; and
3 (2) in subsection (c)(1)—
5 (A) by inserting ‘‘and the individual requesting
6 such waiver (if not the owner or operator of the
7 vessel)’’ before ‘‘shall submit’’;
8 (B) in subparagraph (C) by striking ‘‘and’’
9 at the end;
10 (C) by redesignating subparagraphs (B),
11 (C), and (D) as subparagraphs (C), (D), and
12 (G), respectively;
13 (D) by inserting after subparagraph (A)
14 the following:
15 ‘‘(B) the name of the owner and operator
16 of the vessel;’’; and
17 (E) by inserting after subparagraph (D),
18 as so redesignated, the following:
19 ‘‘(E) a description of the cargo carried;
20 ‘‘(F) an explanation as to why the waiver
21 was in the interest of national defense; and’’.
22 SEC. 3542. NATIONAL MARITIME STRATEGY.
23 (a) STUDY TO INFORM A NATIONAL MARITIME

24 STRATEGY.—
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1764
3 of Transportation and the Secretary of the depart-
4 ment in which the Coast Guard is operating shall
5 seek to enter into an agreement with a studies and
6 analysis federally funded research and development
7 center under which such center shall conduct a
8 study to identify the key elements needed for a na-
9 tional maritime strategy that is designed to—
10 (A) achieve the objectives described in sec-
11 tion 50101 of title 46, United States Code; and
12 (B) ensure—
13 (i) a capable, commercially viable,
14 militarily useful fleet of a sufficient num-
15 ber of merchant vessels documented under
16 chapter 121 of title 46, United States
17 Code;
18 (ii) a robust United States mariner
19 workforce, as described in section 50101 of
20 title 46, United States Code;
21 (iii) strong United States domestic
22 shipbuilding infrastructure, and related
23 shipbuilding trades amongst skilled work-
24 ers in the United States; and
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1765
1 (iv) that the Navy Fleet Auxiliary
2 Force, the National Defense Reserve Fleet,
3 the Military Sealift Command, the Mari-
4 time Security Program under chapter 531
5 of title 46, United States Code, the Cable
6 Security Program under chapter 532 of
7 title 46, United States Code, and the
8 Tanker Security Program under chapter
9 534 of title 46, United States Code cur-
10 rently meet the economic and national se-
11 curity needs of the United States and
12 would reliably continue to meet those needs
13 under future economic or national security
14 emergencies.
15 (2) DEADLINE FOR COMPLETION.—An agree-
16 ment entered into pursuant to paragraph (1) shall
17 specify that the federally funded research and devel-
18 opment center shall complete the study by not later
19 than one year after the date of the enactment of this
20 Act.
21 (3) INPUT.—An agreement entered into pursu-
22 ant to paragraph (1) shall specify that, in carrying
23 out the study, the federally funded research and de-
24 velopment center shall solicit input from—
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1766
1 (A) relevant Federal departments and
2 agencies;
3 (B) nongovernmental organizations;
4 (C) United States companies;
5 (D) maritime labor organizations;
6 (E) commercial industries that depend on
7 United States mariners;
8 (F) domestic shipyards regarding ship-
9 building and repair capacity, and the associated
10 skilled workforce, such as the workforce re-
11 quired for transportation, offshore wind, fish-
12 ing, and aquaculture;
13 (G) providers of maritime workforce train-
14 ing; and
15 (H) any other relevant organizations.
16 (4) REQUIREMENTS OF AGREEMENT.—An
17 agreement entered into pursuant to paragraph (1)

18 shall specify that, in carrying out the study, the fed-
19 erally funded research and development center shall
20 consult with the Secretary of Transportation, the
21 Secretary of Defense, the Secretary of the Depart-
22 ment in which the Coast Guard is operating, the
23 Adminstrator of the National Oceanic and Atmos-
24 pheric Administration, and the heads of other rel-
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1 evant Federal agencies, in the identification and
2 evaluation of—
3 (A) incentives, including regulatory
4 changes, needed to continue to meet the ship-
5 building and ship maintenance needs of the
6 United States for commercial and national se-
7 curity purposes, including through a review
8 of—
9 (i) the loans and guarantees program
10 carried out under chapter 537 of title 46,
11 United States Code, and how the develop-
12 ment of new offshore commercial indus-
13 tries, such as wind energy, could be sup-
14 ported through modification of such pro-
15 gram or other Federal programs, and thus
16 also support the United States sealift in
17 the future;
18 (ii) the barriers to participation in the
19 loans and guarantees program carried out
20 under chapter 537 of title 46, United
21 States Code, and how the program may be
22 improved to facilitate additional ship-
23 building activities in the United States;
24 (iii) the needed resources, human and
25 financial, for such incentives; and
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1 (iv) the current and anticipated num-
2 ber of shipbuilding and ship maintenance
3 contracts at United States shipyards
4 through 2032, to the extent practicable;
5 (B) incentives, including regulatory
6 changes, needed to maintain a commercially
7 viable United States-documented fleet, includ-
8 ing—
9 (i) an examination of how the pref-
10 erences under section 2631 of title 10,
11 United States Code, and chapters 531,
12 532, 534, and 553 of title 46, United
13 States Code, should be used to further
14 maintain and grow a United States-docu-
15 mented fleet;
16 (ii) an identification of other incen-
17 tives that could be used that may not be
18 authorized at the time of the study;
19 (iii) an estimate of the number and
20 type of commercial ships needed over the
21 next 30 years; and
22 (iv) estimates of the needed human
23 and financial resources for such incentives;
24 (C) the availability of United States mari-
25 ners, and future needs, including—
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1769
1 (i) the number of mariners needed for
2 the United States commercial and national
3 security needs over the next 30 years;
4 (ii) the policies and programs (at the
5 time of the study) to recruit, train, and re-
6 tain United States mariners to support the
7 United States maritime workforce needs
8 during peace time and at war;
9 (iii) how those programs could be im-
10 proved to grow the number of maritime
11 workers trained each year, including how
12 potential collaboration between the uni-
13 formed services, the United States Mer-
14 chant Marine Academy, State maritime
15 academies, maritime labor training centers,
16 and the Centers of Excellence for Domestic
17 Maritime Workforce Training under sec-
18 tion 51706 of title 46, United States Code,
19 could be used most effectively; and
20 (iv) estimates of the necessary re-
21 sources, human and financial, to imple-
22 ment such programs in each relevant Fed-
23 eral agency over the next 30 years; and
24 (D) the interaction among the elements de-
25 scribed under subparagraphs (A) through (C).
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1 (5) PUBLIC AVAILABILITY.—The Secretary of
2 Transportation shall make publicly available on a
3 website of the Department of Transportation a
4 study completed pursuant to paragraph (1).
5 (b) NATIONAL MARITIME STRATEGY.—
6 (1) IN GENERAL.—Chapter 501 of title 46,
9 ‘‘§ 50114. National maritime strategy
10 ‘‘(a) IN GENERAL.—The Secretary of Transpor-
11 tation, in consultation with the Secretary of the depart-
12 ment in which the Coast Guard is operating and the Com-
13 mander of United States Transportation Command, shall
14 submit to the Committee on Transportation and Infra-
15 structure of the House of Representatives and the Com-
16 mittee on Commerce, Science, and Transportation of the
17 Senate—
18 ‘‘(1) a national maritime strategy; and
19 ‘‘(2) not less often than once every five years
20 after the submission of such strategy, an update to
21 the strategy.
22 ‘‘(b) CONTENTS.—The strategy required under sub-
23 section (a) shall include each of the following:
24 ‘‘(1) An identification of—
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1771
1 ‘‘(A) international policies and Federal
2 regulations and policies that reduce the com-
3 petitiveness of United States-documented ves-
4 sels with foreign vessels in domestic and inter-
5 national transportation markets; and
6 ‘‘(B) the impact of reduced cargo flow due
7 to reductions in the number of members of the
8 United States Armed Forces stationed or de-
9 ployed outside of the United States.
10 ‘‘(2) Recommendations to—
11 ‘‘(A) make United States-documented ves-
12 sels more competitive in shipping routes be-
13 tween United States and foreign ports;
14 ‘‘(B) increase the use of United States-doc-
15 umented vessels to carry cargo imported to and
16 exported from the United States;
17 ‘‘(C) ensure compliance by Federal agen-
18 cies with chapter 553;
19 ‘‘(D) increase the use of short sea trans-
20 portation routes, including routes designated
21 under section 55601(b), to enhance intermodal
22 freight movements;
23 ‘‘(E) enhance United States shipbuilding
24 capability;
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1772
1 ‘‘(F) invest in, and identify gaps in, infra-
2 structure needed to facilitate the movement of
3 goods at ports and throughout the transpor-
4 tation system, including innovative physical and
5 information technologies;
6 ‘‘(G) enhance workforce training and re-
7 cruitment for the maritime workforce, including
8 training on innovative physical and information
9 technologies;
10 ‘‘(H) increase the resilience of ports and
11 the marine transportation system;
12 ‘‘(I) increase the carriage of government-
13 impelled cargo on United States-documented
14 vessels pursuant to chapter 553 of title 46, sec-
15 tion 2631 of title 10, or otherwise; and
16 ‘‘(J) maximize the cost effectiveness of
17 Federal funding for carriage of non-defense
18 government impelled cargo for the purposes of
19 maintaining a United States flag fleet for na-
20 tional and economic security.
21 ‘‘(c) UPDATE.—Upon the release of a strategy or up-
22 date under subsection (a), the Secretary of Transportation
23 shall make such strategy or update publicly available on
24 the website of the Department of Transportation.
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1 ‘‘(d) IMPLEMENTATION PLAN.—Not later than six
2 months after the submission of a strategy or update under
3 subsection (a), the Secretary of Transportation, in con-
4 sultation with the Secretary of the department in which
5 the Coast Guard is operating and the Secretary of De-
6 fense, shall make publicly available on an appropriate
7 website an implementation plan for such strategy or up-
8 date.’’.
9 (2) CONFORMING REPEALS; DEADLINE.—
10 (A) RESCISSION OF SUPERCEDED STRAT-
11 EGY.—Effective on the date on which the Sec-

12 retary of Transportation submits the national
13 maritime strategy under section 50114(a)(1) of
14 title 46, United States Code, as added by para-
15 graph (1)—
16 (i) the national maritime strategy pre-
17 pared pursuant to section 603 of the How-
18 ard Coble Coast Guard and Maritime
19 Transportation Act of 2014 (Public Law
20 113–281) is rescinded; and
21 (ii) section 603 of the Howard Coble
22 Coast Guard and Maritime Transportation
23 Act of 2014 (Public Law 113–281) is re-
24 pealed.
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1 (B) DEADLINE FOR SUBMISSION OF
2 STRATEGY.—The Secretary shall submit the na-

3 tional maritime strategy required under section
4 50114(a)(1) of title 46, United States Code, as
5 added by paragraph (1), not later than six
6 months after the date on which the Secretary
7 receives the study under subsection (a).
10 amended by inserting after the item relating to sec-
11 tion 50113 the following new item:
‘‘50114. National maritime strategy.’’.
12 SEC. 3543. MARITIME ENVIRONMENTAL AND TECHNICAL
13 ASSISTANCE PROGRAM.

16 (1) by striking the subsection (a) enumerator
17 and all that follows through ‘‘Transportation’’ and
18 inserting the following:
19 ‘‘(a) EMERGING MARINE TECHNOLOGIES AND PRAC-
20 TICES.—
21 ‘‘(1) IN GENERAL.—The Secretary of Transpor-

22 tation’’;
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1775
1 (i) by redesignating subparagraphs
2 (A) through (D) as clauses (i) through
3 (iv), respectively and adjusting the margins
4 accordingly; and
5 (ii) in clause (iv), as redesignated by
6 clause (i), by striking ‘‘propeller cavita-
7 tion’’ and inserting ‘‘incidental vessel-gen-
8 erated underwater noise, such as noise
9 from propeller cavitation or hydrodynamic
10 flow’’;
12 (2) as subparagraphs (A) and (B), respectively
13 and adjusting the margins accordingly;
14 (3) in subsection (c), by redesignating para-
15 graphs (1) and (2) as subparagraphs (A) and (B),
16 respectively and adjusting the margins accordingly;
17 (4) by redesignating subsections (b) through (d)
18 as paragraphs (2) through (4), respectively and ad-
19 justing the margins accordingly;
21 section (b);
22 (6) by striking subsection (f);
24 (A) in paragraph (1), as designated under
25 paragraph (1) of this section—
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1776
1 (i) by inserting ‘‘or support’’ after
2 ‘‘engage in’’;
3 (ii) by striking ‘‘the use of public’’
4 and all that follows through the end of the
5 sentence and inserting ‘‘eligible entities.’’;
6 (B) in paragraph (2), as redesignated
7 under paragraph (4) of this section—
8 (i) by striking ‘‘this section’’ and in-
9 serting ‘‘this subsection’’;
10 (ii) by striking ‘‘or improve’’ and in-
11 serting ‘‘improve, or support efforts related
12 to,’’;
13 (C) in paragraph (3), as redesignated by
14 paragraph (4) of this section, by striking
15 ‘‘under subsection (b)(2) may include’’ and in-
16 serting ‘‘with other Federal agencies or with
17 State, local, or Tribal governments, as appro-
18 priate, under paragraph (2)(B) may include’’;
19 (D) in paragraph (4), as redesignated by
20 paragraph (4) of this section—
21 (i) by striking ‘‘academic, public, pri-
22 vate, and nongovernmental entities and fa-
23 cilities’’ and inserting ‘‘eligible entities’’;
24 and
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1 (ii) by striking ‘‘subsection (a)’’ and
2 inserting ‘‘this subsection’’; and
3 (E) by adding at the end the following:
4 ‘‘(5) GRANTS.—Subject to the availability of
5 appropriations, the Maritime Administrator, may es-
6 tablish and carry out a competitive grant program to
7 award grants to eligible entities for projects in the
8 United States consistent with the goals of this sub-
9 section to study, evaluate, test, demonstrate, or
10 apply technologies and practices to improve environ-
11 mental performance.’’;
12 (8) in subsection (b), as redesignated by para-
13 graph (5) of this section, by striking ‘‘subsection
14 (b)(1)’’ and inserting ‘‘this section’’; and
16 ‘‘(c) VESSELS.—Activities carried out under a grant
17 or cooperative agreement made under this section may be
18 conducted on public vessels under the control of the Mari-
19 time Administration, upon approval of the Maritime Ad-
20 ministrator.
21 ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section,
22 the term ‘eligible entity’ means—
23 ‘‘(1) a private entity, including a nonprofit or-
24 ganization;
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1778
1 ‘‘(2) a State, regional, or local government or
2 entity, including special districts;
3 ‘‘(3) an Indian Tribe (as defined in section 4 of
4 the Indian Self-Determination and Education Assist-
5 ance Act (25 U.S.C. 5304)) or a consortium of In-
6 dian Tribes;
7 ‘‘(4) an institution of higher education as de-
8 fined under section 102 of the Higher Education Act
9 of 1965 (20 U.S.C. 1002); or
10 ‘‘(5) a partnership or collaboration of entities
11 described in paragraphs (1) through (4).
12 ‘‘(e) CENTER FOR MARITIME INNOVATION.—
13 ‘‘(1) IN GENERAL.—The Secretary of Transpor-
14 tation shall, through a cooperative agreement, estab-
15 lish a United States Center for Maritime Innovation
16 (referred to in this subsection as the ‘Center’) to
17 support the study, research, development, assess-
18 ment, and deployment of emerging marine tech-
19 nologies and practices related to the maritime trans-
20 portation system.
21 ‘‘(2) SELECTION.—The Center shall be—
22 ‘‘(A) selected through a competitive proc-
23 ess of eligible entities, and if a private entity,
24 a domestic entity;
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1 ‘‘(B) based in the United States with tech-
2 nical expertise in emerging marine technologies
3 and practices related to the maritime transpor-
4 tation system; and
5 ‘‘(C) located in close proximity to eligible
6 entities with expertise in United States emerg-
7 ing marine technologies and practices, including
8 the use of alternative fuels and the development
9 of both vessel and shoreside infrastructure.
10 ‘‘(3) COORDINATION.—The Secretary of Trans-
11 portation shall coordinate with other agencies critical
12 for science, research, and regulation of emerging
13 marine technologies for the maritime sector, includ-
14 ing the Department of Energy, the Environmental
15 Protection Agency, the National Science Foundation,
16 and the Coast Guard, when establishing the Center.
17 ‘‘(4) FUNCTIONS.—The Center shall—
18 ‘‘(A) support eligible entities regarding the
19 development and use of clean energy and nec-
20 essary infrastructure to support the deployment
21 of clean energy on vessels of the United States;
22 ‘‘(B) monitor and assess, on an ongoing
23 basis, the current state of knowledge regarding
24 emerging marine technologies in the United
25 States;
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1780
1 ‘‘(C) identify any significant gaps in
2 emerging marine technologies research specific
3 to the United States maritime industry, and
4 seek to fill those gaps;
5 ‘‘(D) conduct research, development, test-
6 ing, and evaluation for equipment, technologies,
7 and techniques to address the components
8 under subsection (a)(2);
9 ‘‘(E) provide—
10 ‘‘(i) guidance on best available tech-
11 nologies;
12 ‘‘(ii) technical analysis;
13 ‘‘(iii) assistance with understanding
14 complex regulatory requirements; and
15 ‘‘(iv) documentation of best practices
16 in the maritime industry, including train-
17 ing and informational webinars on solu-
18 tions for the maritime industry; and
19 ‘‘(F) work with academic and private sec-
20 tor response training centers and Domestic
21 Maritime Workforce Training and Education
22 Centers of Excellence to develop maritime strat-
23 egies applicable to various segments of the
24 United States maritime industry, including the
25 inland, deep water, and coastal fleets.’’.
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1 (b) DEADLINE FOR IMPLEMENTATION.—The Sec-
2 retary of Transportation shall establish the United States
3 Center for Maritime Innovation under subsection (e) of
4 section 50307 of title 46, United States Code, as added
5 by subsection (a), by not later than one year after the date
7 SEC. 3544. DEFINITION OF QUALIFIED VESSEL.
8 Section 53501(5)(A)(iii) of title 46, United States

9 Code, is amended by striking ‘‘United States foreign,
10 Great Lakes, noncontiguous domestic, or short sea trans-
11 portation trade’’ and inserting ‘‘foreign or domestic trade
12 of the United States’’.
13 SEC. 3545. ESTABLISHING A CAPITAL CONSTRUCTION
14 FUND.
15 Section 53503(b) of title 46, United States Code, is

16 amended by striking ‘‘United States foreign, Great Lakes,
17 noncontiguous domestic, or short sea transportation
18 trade’’ and inserting ‘‘foreign or domestic trade of the
19 United States’’.
20 SEC. 3546. RECAPITALIZATION OF NATIONAL DEFENSE RE-
21 SERVE FLEET.

23 propriations, the Secretary of Transportation, in consulta-
24 tion with the Chief of Naval Operations and the Com-
25 mandant of the Coast Guard, shall—
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1 (1) complete the design of a roll-on, roll-off
2 cargo vessel for the National Defense Reserve Fleet
3 to allow for the construction of such vessel to begin
4 in fiscal year 2024; and
5 (2) seek to enter into an agreement with an ap-
6 propriate vessel construction manager under which
7 the vessel construction manager shall enter into a
8 contract for the construction of not more than ten
9 such vessels in accordance with this section.
10 (b) CONSTRUCTION AND DOCUMENTATION REQUIRE-
11 MENTS.—A vessel constructed pursuant to this section
12 shall meet the requirements for, and be issued a certificate
13 of, documentation and a coastwise endorsement under
14 chapter 121 of title 46, United States Code.
15 (c) DESIGN STANDARDS AND CONSTRUCTION PRAC-
16 TICES.—Subject to subsection (b), a vessel constructed
17 pursuant to this section shall be constructed using com-
18 mercial design standards and commercial construction
19 practices that are consistent with the best interests of the
20 Federal Government.
21 (d) CONSULTATION WITH OTHER FEDERAL ENTI-
22 TIES.—The Secretary of Transportation shall consult and
23 coordinate with the Secretary of the Navy and may consult
24 with the heads of other appropriate Federal agencies re-
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1783
1 garding the vessel described in subsection (a) and activi-
2 ties associated with such vessel.
3 (e) LIMITATION ON USE OF FUNDS FOR USED VES-
4 SELS.—None of the funds authorized to be appropriated
5 by this Act or otherwise made available to carry out this
6 section may be used for the procurement of any used ves-
7 sel.
8 SEC. 3547. SENSE OF CONGRESS ON MERCHANT MARINE.
9 It is the sense of Congress that the United States

10 Merchant Marine is a critical part of the national infra-
11 structure of the United States, and the men and women
12 of the United States Merchant Marine are essential work-
13 ers.
14 SEC. 3548. ANALYSIS OF EFFECTS OF CHEMICALS IN
15 STORMWATER RUNOFF ON PACIFIC SALMON
16 AND STEELHEAD.

18 date of enactment of this Act, the Under Secretary of
19 Commerce for Oceans and Atmosphere, in coordination
20 with the Secretary of Transportation and the Adminis-
21 trator of the Environmental Protection Agency, and in
22 consultation with the Director of the United States Fish
23 and Wildlife Service, shall commence an analysis of—
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1 (1) the science relating to tire-related chemicals
2 in stormwater runoff at ports and the effects of such
3 chemicals on Pacific salmon and steelhead; and
4 (2) the challenges of studying tire-related
5 chemicals in stormwater runoff at ports and the ef-
6 fects of such chemicals on Pacific salmon and
7 steelhead.
8 (b) REPORT.—Not later than 18 months after com-
9 mencing the analysis required under subsection (a), the
10 Under Secretary of Commerce for Oceans and Atmos-
11 phere, in coordination with the Secretary of Transpor-
12 tation and the Administrator of the Environmental Pro-
13 tection Agency, shall submit to the appropriate congres-
14 sional committees, and make publicly available, a report
15 that includes—
16 (1) the findings of the analysis; and
17 (2) recommendations—
18 (A) to improve the monitoring of
19 stormwater and research related to run-off for
20 tire-related chemicals and the effects of such
21 chemicals on Pacific salmon and steelhead at
22 ports; and
23 (B) based on the best available science on
24 relevant management approaches at ports under
25 their respective jurisdictions.
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December 6, 2022 (7:20 p.m.)
1785
1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—
5 Transportation and the Committee on Environment
6 and Public Works of the Senate; and
7 (2) the Committee on Transportation and In-
8 frastructure and the Committee on Natural Re-
9 sources of the House of Representatives.
10 SEC. 3549. REPORT ON EFFECTIVE VESSEL QUIETING
11 MEASURES.

13 date of the enactment of this Act, the Administrator of
14 the Maritime Administration, in consultation with the
15 Under Secretary of Commerce for Oceans and Atmosphere
16 and the Secretary of the Department in which the Coast
17 Guard is operating, shall submit to the appropriate con-
18 gressional committees, and make publicly available on an
19 appropriate website of the Department of Transportation,
20 a report that includes each of the following:
21 (1) An identification of technology-based con-
22 trols and best management practices for reducing
23 vessel-generated underwater noise.
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December 6, 2022 (7:20 p.m.)
1786
1 (2) For each technology-based control or best
2 management practice identified under paragraph
3 (1), an evaluation of—
4 (A) the applicability of each control and
5 practice to various vessel types;
6 (B) the technical feasibility and economic
7 achievability of each control or practice; and
8 (C) the co-benefits and trade-offs of each
9 control or practice.
10 (3) Such other matters as the Administrator
12 (b) COMMITTEES.—In this section, the term ‘‘appro-
13 priate congressional committees’’ means—
15 Transportation of the Senate; and
16 (2) the Committee on Natural Resources and
17 the Committee on Transportation and Infrastructure
19 DIVISION D—FUNDING TABLES
20 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA-
21 BLES.
22 (a) IN GENERAL.—Whenever a funding table in this

23 division specifies a dollar amount authorized for a project,
24 program, or activity, the obligation and expenditure of the
25 specified dollar amount for the project, program, or activ-
g:\VHLC\120622\120622.030.xml (858342|6)
December 6, 2022 (7:20 p.m.)
1787
1 ity is hereby authorized, subject to the availability of ap-
2 propriations.
3 (b) MERIT-BASED DECISIONS.—
4 (1) IN GENERAL.—A decision to commit, obli-
5 gate, or expend funds with or to a specific entity on
6 the basis of a dollar amount authorized pursuant to
7 subsection (a) shall—
8 (A) except as provided in paragraph (2),
9 be based on merit-based selection procedures in
10 accordance with the requirements of sections
11 2304(k) and 2374 of title 10, United States
12 Code, or on competitive procedures; and
13 (B) comply with other applicable provisions
14 of law.
15 (2) EXCEPTION.—Paragraph (1)(A) does not
16 apply to a decision to commit, obligate, or expend
17 funds on the basis of a dollar amount authorized
18 pursuant to subsection (a) if the project, program,
19 or activity involved—
20 (A) is listed in section 4201; and
21 (B) is identified as Community Project
22 Funding through the inclusion of the abbrevia-
23 tion ‘‘CPF’’ immediately before the name of the
24 project, program, or activity.
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December 6, 2022 (7:20 p.m.)
1788
1 (c) RELATIONSHIP TO TRANSFER AND PROGRAM-
2 MING AUTHORITY.—An amount specified in the funding
3 tables in this division may be transferred or repro-
4 grammed under a transfer or reprogramming authority
5 provided by another provision of this Act or by other law.
6 The transfer or reprogramming of an amount specified in
7 such funding tables shall not count against a ceiling on
8 such transfers or reprogrammings under section 1001 of
9 this Act or any other provision of law, unless such transfer
10 or reprogramming would move funds between appropria-
11 tion accounts.
12 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This
13 section applies to any classified annex that accompanies
14 this Act.
15 (e) ORAL AND WRITTEN COMMUNICATIONS.—No
16 oral or written communication concerning any amount
17 specified in the funding tables in this division shall super-
18 sede the requirements of this section.
19 TITLE XLI—PROCUREMENT
20 SEC. 4101. PROCUREMENT.
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
FY 2023 Conference
Line Item Request Authorized
AIRCRAFT PROCUREMENT, ARMY

FIXED WING
002 MQ–1 UAV .................................................................................................................. 350,000
Program increase—MQ–1 for Army National Guard ................................................. [350,000]
005 SMALL UNMANNED AIRCRAFT SYSTEMS ........................................................ 10,598 20,598
Short Range Reconnaissance acceleration ................................................................... [10,000]
ROTARY
007 AH–64 APACHE BLOCK IIIA REMAN .................................................................. 524,661 524,661
008 AH–64 APACHE BLOCK IIIA REMAN .................................................................. 169,218 169,218
010 UH–60 BLACKHAWK M MODEL (MYP) ............................................................... 650,406 707,806
Add 2 aircraft—combat loss replacement ................................................................... [57,400]
011 UH–60 BLACKHAWK M MODEL (MYP) ............................................................... 68,147 68,147
012 UH–60 BLACK HAWK L AND V MODELS ........................................................... 178,658 178,658
013 CH–47 HELICOPTER ............................................................................................... 169,149 366,849
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December 6, 2022 (7:20 p.m.)
1789
FY 2023 Conference
Three additional aircraft ............................................................................................. [197,700]

014 CH–47 HELICOPTER ............................................................................................... 18,749 18,749
MODIFICATION OF AIRCRAFT
016 MQ–1 PAYLOAD ........................................................................................................ 57,700 57,700
018 GRAY EAGLE MODS2 .............................................................................................. 13,038 133,038
Program increase—MQ–1C Gray Eagle extended range multi-domain operations .... [120,000]
019 MULTI SENSOR ABN RECON ................................................................................ 21,380 21,380
020 AH–64 MODS ............................................................................................................. 85,840 85,840
021 CH–47 CARGO HELICOPTER MODS (MYP) ........................................................ 11,215 36,215
Degraded visual environment system .......................................................................... [25,000]
024 EMARSS SEMA MODS ............................................................................................. 1,591 1,591
026 UTILITY HELICOPTER MODS .............................................................................. 21,346 29,346
Load stabilization systems ........................................................................................... [8,000]
027 NETWORK AND MISSION PLAN .......................................................................... 44,526 44,526
028 COMMS, NAV SURVEILLANCE .............................................................................. 72,387 72,387
030 AVIATION ASSURED PNT ...................................................................................... 71,130 69,320
PM costs excess ........................................................................................................... [–1,810]
031 GATM ROLLUP ......................................................................................................... 14,683 14,683
GROUND SUPPORT AVIONICS
034 AIRCRAFT SURVIVABILITY EQUIPMENT ......................................................... 167,927 167,927
035 SURVIVABILITY CM ................................................................................................ 6,622 6,622
036 CMWS .......................................................................................................................... 107,112 107,112
037 COMMON INFRARED COUNTERMEASURES (CIRCM) ..................................... 288,209 288,209
OTHER SUPPORT
039 COMMON GROUND EQUIPMENT ......................................................................... 20,823 20,823
040 AIRCREW INTEGRATED SYSTEMS ..................................................................... 25,773 25,773
041 AIR TRAFFIC CONTROL ........................................................................................ 27,492 27,492
042 LAUNCHER, 2.75 ROCKET ..................................................................................... 1,275 1,275
043 UNDISTRIBUTED .................................................................................................... 90,141
Inflation effects ............................................................................................................ [90,141]
TOTAL AIRCRAFT PROCUREMENT, ARMY ............................................ 2,849,655 3,706,086
MISSILE PROCUREMENT, ARMY

SURFACE-TO-AIR MISSILE SYSTEM
001 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN ................................ 4,260 4,260
002 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN ................................ 9,200 9,200
003 M-SHORAD—PROCUREMENT ............................................................................... 135,747 410,809
Additional units—Army UPL ...................................................................................... [111,100]
Hellfire pod replacement—Army UPL ........................................................................ [55,740]
Production line—Army UPL ....................................................................................... [108,222]
004 MSE MISSILE ............................................................................................................ 1,037,093 1,037,093
005 PRECISION STRIKE MISSILE (PRSM) ................................................................ 213,172 213,172
006 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ..................................... 18,924 18,924
AIR-TO-SURFACE MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY .................................................................................... 111,294 111,294
008 JOINT AIR-TO-GROUND MSLS (JAGM) ............................................................... 216,030 252,030
Defense Industrial Base (DIB) Expansion for AGM–179 Joint Air-to-Ground Mis- [36,000]
siles (JAGM).
010 LONG-RANGE HYPERSONIC WEAPON ............................................................... 249,285 249,285
ANTI-TANK/ASSAULT MISSILE SYS
011 JAVELIN (AAWS-M) SYSTEM SUMMARY ............................................................ 162,968 162,968
012 TOW 2 SYSTEM SUMMARY .................................................................................... 105,423 105,423
013 GUIDED MLRS ROCKET (GMLRS) ....................................................................... 785,028 785,028
014 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ................................. 4,354 4,354
015 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ........................... 155,705 155,705
016 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ........................... 37,937 112,937
Procurement of Switchblade 600 variant .................................................................... [75,000]
MODIFICATIONS
017 PATRIOT MODS ........................................................................................................ 253,689 1,193,689
2 Additional Fire Units and a Dismounted Patriot Information and Coordination [700,000]
Central (D-PICC).
Defense Industrial Base (DIB) Expansion for PATRIOT Advanced Capability – 3 [240,000]
(PAC–3) Missile Segment.
020 ITAS/TOW MODS ...................................................................................................... 5,154 5,154
021 MLRS MODS .............................................................................................................. 218,359 218,359
022 HIMARS MODIFICATIONS ..................................................................................... 20,468 20,468
SPARES AND REPAIR PARTS
023 SPARES AND REPAIR PARTS ............................................................................... 6,508 6,508
SUPPORT EQUIPMENT & FACILITIES
024 AIR DEFENSE TARGETS ....................................................................................... 11,317 11,317
025 INDUSTRIAL PREPAREDNESS ............................................................................ 150,000
Blk 1 refurb missiles ................................................................................................... [150,000]
026 UNDISTRIBUTED .................................................................................................... 117,940
TOTAL MISSILE PROCUREMENT, ARMY ................................................ 3,761,915 5,355,917
PROCUREMENT OF W&TCV, ARMY

TRACKED COMBAT VEHICLES
g:\VHLC\120622\120622.030.xml (858342|6)
December 6, 2022 (7:20 p.m.)
1790
FY 2023 Conference
001 ARMORED MULTI PURPOSE VEHICLE (AMPV) ............................................... 380,677 780,677

Program increase ......................................................................................................... [400,000]
002 ASSAULT BREACHER VEHICLE (ABV) .............................................................. 3,852 3,852
003 MOBILE PROTECTED FIREPOWER .................................................................... 356,708 356,708
MODIFICATION OF TRACKED COMBAT VEHICLES
004 STRYKER UPGRADE ............................................................................................... 671,271 891,171
Program increase modifications—Army UPL ............................................................. [219,900]
005 BRADLEY PROGRAM (MOD) ................................................................................. 279,531 279,531
006 M109 FOV MODIFICATIONS .................................................................................. 3,028 3,028
007 PALADIN INTEGRATED MANAGEMENT (PIM) ................................................ 493,003 688,003
008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ................................. 138,759 138,759
012 JOINT ASSAULT BRIDGE ...................................................................................... 36,990 36,990
014 ABRAMS UPGRADE PROGRAM ............................................................................. 656,340 1,278,140
Program increase modifications—Army UPL ............................................................. [97,200]
Program increase upgrades—Army UPL .................................................................... [524,600]
WEAPONS & OTHER COMBAT VEHICLES
017 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S .......................... 26,627 26,627
018 MORTAR SYSTEMS .................................................................................................. 8,516 8,516
019 LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS .......................... 48,301 48,301
020 XM320 GRENADE LAUNCHER MODULE (GLM) ............................................... 11,703 11,703
021 PRECISION SNIPER RIFLE ................................................................................... 6,436 6,436
024 NEXT GENERATION SQUAD WEAPON ............................................................... 221,293 202,881
Automatic rifle contract delays .................................................................................... [–3,387]
Rifle contract delays .................................................................................................... [–15,025]
MOD OF WEAPONS AND OTHER COMBAT VEH
028 M777 MODS ............................................................................................................... 3,374 3,374
033 M119 MODIFICATIONS ........................................................................................... 2,263 2,263
SUPPORT EQUIPMENT & FACILITIES
036 ITEMS LESS THAN $5.0M (WOCV-WTCV) ........................................................... 2,138 2,138
037 PRODUCTION BASE SUPPORT (WOCV-WTCV) ................................................. 225,220 225,220
038 UNDISTRIBUTED .................................................................................................... 100,659
TOTAL PROCUREMENT OF W&TCV, ARMY ........................................... 3,576,030 5,094,977
PROCUREMENT OF AMMUNITION, ARMY

SMALL/MEDIUM CAL AMMUNITION
001 CTG, 5.56MM, ALL TYPES ...................................................................................... 59,447 64,724
Ahead of need .............................................................................................................. [–4,723]
002 CTG, 7.62MM, ALL TYPES ...................................................................................... 90,019 96,364
Carryover ..................................................................................................................... [–3,655]
003 NEXT GENERATION SQUAD WEAPON AMMUNITION ................................... 128,662 96,496
Schedule delays ............................................................................................................ [–32,166]
004 CTG, HANDGUN, ALL TYPES ............................................................................... 317 317
005 CTG, .50 CAL, ALL TYPES ..................................................................................... 35,849 45,849
006 CTG, 20MM, ALL TYPES ......................................................................................... 11,761 21,761
CRAM program increase ............................................................................................. [10,000]
007 CTG, 25MM, ALL TYPES ......................................................................................... 10,270 10,270
008 CTG, 30MM, ALL TYPES ......................................................................................... 143,045 143,045
009 CTG, 40MM, ALL TYPES ......................................................................................... 85,213 85,213
MORTAR AMMUNITION
010 60MM MORTAR, ALL TYPES ................................................................................. 33,338 33,338
011 81MM MORTAR, ALL TYPES ................................................................................. 56,577 56,577
012 120MM MORTAR, ALL TYPES ............................................................................... 127,168 127,168
TANK AMMUNITION
013 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ................................. 296,943 293,443
120mm MPT—Unit cost growth ................................................................................. [–3,500]
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ............................... 7,647 7,647
015 ARTILLERY PROJECTILE, 155MM, ALL TYPES ............................................... 182,455 212,455
Defense Industrial Base (DIB) Expansion for XM1128 and XM113 (IB only)— [40,000]
155mm rounds.
Proj Arty 155mm HE RAP M1210—Early to need .................................................. [–10,000]
017 PRECISION ARTILLERY MUNITIONS ................................................................. 166,334 166,334
018 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ............................ 143,763 143,763
MINES
019 MINES & CLEARING CHARGES, ALL TYPES .................................................... 80,920 80,920
020 CLOSE TERRAIN SHAPING OBSTACLE ............................................................. 53,579 53,579
ROCKETS
021 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ......................................... 18,159 18,159
022 ROCKET, HYDRA 70, ALL TYPES ........................................................................ 171,697 171,697
OTHER AMMUNITION
023 CAD/PAD, ALL TYPES ............................................................................................ 7,643 7,643
024 DEMOLITION MUNITIONS, ALL TYPES ............................................................. 29,796 29,796
025 GRENADES, ALL TYPES ........................................................................................ 36,251 36,251
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December 6, 2022 (7:20 p.m.)
1791
FY 2023 Conference
026 SIGNALS, ALL TYPES ............................................................................................. 13,852 13,852

027 SIMULATORS, ALL TYPES .................................................................................... 9,350 9,350
MISCELLANEOUS
029 AMMO COMPONENTS, ALL TYPES ...................................................................... 3,823 3,823
030 ITEMS LESS THAN $5 MILLION (AMMO) .......................................................... 19,921 19,921
031 AMMUNITION PECULIAR EQUIPMENT ............................................................. 13,001 13,001
032 FIRST DESTINATION TRANSPORTATION (AMMO) ......................................... 17,528 17,528
033 CLOSEOUT LIABILITIES ....................................................................................... 101 101
PRODUCTION BASE SUPPORT
034 INDUSTRIAL FACILITIES ..................................................................................... 499,613 678,063
Construction of Automated Contaminated Waste Plant, Lake City AAP .................. [10,000]
Construction of Electrical System Upgrade Phase I, Scranton AAP ......................... [3,000]
Construction of Erie 1—Unload Manipulator, Scranton AAP ................................... [700]
Construction of Forge Shop—Process Smog Removal System, Scranton AAP ......... [500]
Construction of Forge Shop—Replace Pipes (Subway Area), Scranton AAP ............ [1,250]
Construction of Industrial Sewer Modernization, Iowa AAP ...................................... [1,600]
Construction of Infrastructure Repairs Phase I, Scranton AAP ............................. [4,300]
Construction of Infrastructure Repairs Phase II, Scranton AAP ............................ [3,030]
Construction of Medium Cal X-Ray Equipment & Infrastructure, Iowa AAP ........... [2,400]
Construction of Replace Internal Water/Condensate Lines, Bldgs 1, 2, & 3, Lake [8,530]
City AAP.
Construction of Small Caliber Automated Primer Design, Lake City AAP ............... [8,000]
Construction of Storage Yard K Mod & Automation, Iowa AAP ............................... [3,300]
Construction of Ultra Violet Fire Detection System, Iowa AAP ................................ [3,740]
Construction of Upgrade Laundry Facility, Holston AAP ......................................... [5,600]
Construction of Water Distribution System, Radford AAP ........................................ [25,000]
Construction of Water In-take Pumps (B. 407), Radford AAP ................................. [2,500]
Urgent Safety Upgrades to LCAAP ............................................................................ [95,000]
035 CONVENTIONAL MUNITIONS DEMILITARIZATION ....................................... 80,970 80,970
036 ARMS INITIATIVE ................................................................................................... 4,039 4,039
037 UNDISTRIBUTED .................................................................................................... 78,556
TOTAL PROCUREMENT OF AMMUNITION, ARMY .............................. 2,639,051 2,922,013
OTHER PROCUREMENT, ARMY

TACTICAL VEHICLES
002 SEMITRAILERS, FLATBED: .................................................................................. 23,021 23,021
003 SEMITRAILERS, TANKERS ................................................................................... 21,869 19,369
Carryover ..................................................................................................................... [–2,500]
004 HI MOB MULTI-PURP WHLD VEH (HMMWV) ................................................... 6,121 6,121
005 GROUND MOBILITY VEHICLES (GMV) .............................................................. 34,316 47,116
Program increase—Infantry Squad Vehicle ................................................................ [12,800]
007 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL .............................. 703,110 686,396
Unit cost increases ....................................................................................................... [–16,714]
008 TRUCK, DUMP, 20T (CCE) ..................................................................................... 30,000
009 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ................................................. 74,086 157,746
010 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C ........................... 23,772 23,772
011 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ................................... 39,950 39,950
012 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ......................................... 96,112 206,112
013 PLS ESP ..................................................................................................................... 54,674 54,674
016 MODIFICATION OF IN SVC EQUIP ...................................................................... 31,819 214,819
HMMWV safety upgrades ........................................................................................... [183,000]
NON-TACTICAL VEHICLES
017 PASSENGER CARRYING VEHICLES .................................................................... 1,286 1,286
018 NONTACTICAL VEHICLES, OTHER .................................................................... 15,059 15,059
COMM—JOINT COMMUNICATIONS
019 SIGNAL MODERNIZATION PROGRAM ................................................................ 179,853 169,853
Equipment Cost Growth .............................................................................................. [–5,000]
Software Cost Growth .................................................................................................. [–5,000]
020 TACTICAL NETWORK TECHNOLOGY MOD IN SVC ......................................... 382,007 417,007
Program acceleration (mobile networking for three maneuver battalions) ................. [35,000]
022 DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI ........................... 4,066 4,066
023 JCSE EQUIPMENT (USRDECOM) ......................................................................... 5,505 5,505
COMM—SATELLITE COMMUNICATIONS
026 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ............................. 107,228 107,228
027 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ..................... 119,259 114,250
Carryover ..................................................................................................................... [–5,009]
028 SHF TERM ................................................................................................................. 23,173 23,173
029 ASSURED POSITIONING, NAVIGATION AND TIMING .................................... 184,911 184,911
030 EHF SATELLITE COMMUNICATION ................................................................... 5,853 5,853
031 SMART-T (SPACE) .................................................................................................... 4,916 4,916
032 GLOBAL BRDCST SVC—GBS ................................................................................ 3,179 3,179
COMM—C3 SYSTEM
034 COE TACTICAL SERVER INFRASTRUCTURE (TSI) ......................................... 94,287 90,387
Unjustified cost growth ............................................................................................... [–3,900]
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FY 2023 Conference
COMM—COMBAT COMMUNICATIONS
035 HANDHELD MANPACK SMALL FORM FIT (HMS) ........................................... 728,366 720,592
Early to need—single-channel data radio ................................................................... [–5,774]
Excess to need—handheld radio systems engineering ................................................. [–2,000]
037 ARMY LINK 16 SYSTEMS ....................................................................................... 47,581 47,581
039 UNIFIED COMMAND SUITE .................................................................................. 20,178 20,178
040 COTS COMMUNICATIONS EQUIPMENT ............................................................. 320,595 313,654
LCTRR costs previously funded .................................................................................. [–6,941]
041 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ............................. 7,621 7,621
042 ARMY COMMUNICATIONS & ELECTRONICS ..................................................... 59,705 59,705
COMM—INTELLIGENCE COMM
043 CI AUTOMATION ARCHITECTURE-INTEL ........................................................ 13,891 13,891
045 MULTI-DOMAIN INTELLIGENCE ......................................................................... 20,637 20,637
INFORMATION SECURITY
046 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ...................................... 1,019 1,019
047 COMMUNICATIONS SECURITY (COMSEC) ......................................................... 125,692 125,692
049 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO ............................. 1,796 1,796
051 BIOMETRIC ENABLING CAPABILITY (BEC) ..................................................... 816 816
052 ARCYBER DEFENSIVE CYBER OPERATIONS .................................................. 18,239 18,239
COMM—LONG HAUL COMMUNICATIONS
054 BASE SUPPORT COMMUNICATIONS ................................................................... 10,262 25,262
CONUS land mobile radio ........................................................................................... [15,000]
COMM—BASE COMMUNICATIONS
055 INFORMATION SYSTEMS ...................................................................................... 116,522 93,999
Ahead of need .............................................................................................................. [–22,523]
056 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM ......................... 5,036 5,036
059 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM .......................... 214,806 214,806
ELECT EQUIP—TACT INT REL ACT (TIARA)
062 TITAN ......................................................................................................................... 84,821 0
Army requested realignment to OPA line 66 .............................................................. [–19,680]
Army Requested Realignment to RDTE ..................................................................... [–50,900]
Funding ahead of need ................................................................................................ [–14,241]
063 JTT/CIBS-M ............................................................................................................... 2,352 2,352
064 TERRESTRIAL LAYER SYSTEMS (TLS) ............................................................. 88,915 8,373
Production contract ahead of need .............................................................................. [–42,542]
Realignment of funds ................................................................................................... [–38,000]
066 DCGS-A-INTEL .......................................................................................................... 76,771 96,451
Army requested realignment from OPA line 62 .......................................................... [19,680]
067 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL ................................... 349 349
068 TROJAN ...................................................................................................................... 20,562 20,562
069 MOD OF IN-SVC EQUIP (INTEL SPT) ................................................................. 30,424 49,724
INDOPACOM UFR—SIGINT upgrades ................................................................... [9,300]
Prophet Enhanced ESP Kits ....................................................................................... [10,000]
070 BIOMETRIC TACTICAL COLLECTION DEVICES .............................................. 2,269 2,269
ELECT EQUIP—ELECTRONIC WARFARE (EW)
073 AIR VIGILANCE (AV) ............................................................................................... 5,688 5,688
074 MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST ......................... 3,060 3,060
076 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ....................... 19,519 15,019
Carryover ..................................................................................................................... [–4,500]
077 CI MODERNIZATION ............................................................................................... 437 437
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
078 SENTINEL MODS ..................................................................................................... 166,736 166,736
079 NIGHT VISION DEVICES ....................................................................................... 424,253 425,253
ENVGB program extension ......................................................................................... [100,000]
IVAS—Army requested realignment to RDTE ........................................................... [–99,000]
080 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ................................... 11,357 11,357
082 FAMILY OF WEAPON SIGHTS (FWS) .................................................................. 202,258 195,818
Program decrease ........................................................................................................ [–6

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RULES COMMITTEE PRINT 117–70

SENATE AMENDMENT TO H.R. 7776

In lieu of the matter proposed to be inserted by the

1 SECTION 1. SHORT TITLE.

2 (a) IN GENERAL.—This Act may be cited as the

12 (a) DIVISIONS.—This Act is organized into 11 divi-

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Subtitle C—Navy Programs

Sec. 121. Requirements relating to EA–18G aircraft of the Navy.

Subtitle D—Air Force Programs

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

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. Modification of cooperative research and development project author-

Subtitle C—Plans, Reports, and Other Matters

Sec. 231. Modification to annual reports of the Director of Operational Test

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Center for Excellence in Environmental Security.

Subtitle C—Red Hill Bulk Fuel Storage Facility

Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.

Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl

Sec. 341. Department of Defense research relating to perfluoroalkyl or

Subtitle E—Logistics and Sustainment

Subtitle F—Matters Relating to Depots and Ammunition Production

Subtitle G—Other Matters

Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint

TITLE IV—MILITARY PERSONNEL AUTHORIZATION

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Subtitle B—Reserve Component Management

Sec. 511. Inclusion of additional information on the Senior Reserve Officers’

Subtitle C—General Service Authorities and Military Records

Sec. 521. Consideration of adverse information by special selection review

Subtitle D—Recruitment and Retention

Sec. 531. Treatment of personally identifiable information regarding prospec-

Subtitle E—Military Justice and Other Legal Matters

Sec. 541. Matters in connection with special trial counsel.

Subtitle F—Member Education

Subtitle G—Member Training and Transition

Sec. 561. Codification of Skillbridge program.

Subtitle H—Military Family Readiness and Dependents’ Education

Sec. 571. Clarification and expansion of authorization of support for chaplain-

Subtitle I—Decorations, Awards, and Other Honors

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Report on non-citizen members of the Armed Forces.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Bonus and Incentive Pays

Subtitle C—Travel and Transportation Allowances