Amendment to H.R. 7776 — James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (House, 2022)
Summary
In the House of Representatives, U. S., on December 8, 2022, the text resolves that the House agree to the amendment of the Senate to the bill (H.R. 7776), entitled An Act to provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes. In lieu of the matter proposed by the Senate amendment, it inserts text whose short title is the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. Section 2 organizes the Act into divisions, among them Department of Defense Authorizations, Funding Tables, Homeland Security, Water Resources, and Oceans and Atmosphere.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Bills Bills 117Hr7776Eah Bills 117Hr7776Eah
- Case
- Bills Bills 117Hr7776Eah Bills 117Hr7776Eah
Cite this document
“Amendment to H.R. 7776 — James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (House, 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr7776eah-bills-117hr7776eah/
, SHA-256 f3f02a6593ed39f44d19f220d1068562ee2a5dc3e5be2e33e136850b5b1bac85.Full text
In the House of Representatives, U. S.,
December 8, 2022.
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 7776) entitled ‘‘An Act to provide
for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of
water and related resources, and for other purposes.’’, with
the following
AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of 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 other
6 Act to the ‘‘National Defense Authorization Act for Fiscal
7 Year 2023’’ shall be deemed to be a reference to the ‘‘James
8 M. Inhofe National Defense Authorization Act for Fiscal
9 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:
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
2
1 (1) Division A—Department of Defense Author-
2 izations.
3 (2) Division B—Military Construction Author-
4 izations.
5 (3) Division C—Department of Energy National
6 Security Authorizations and Other Authorizations.
7 (4) Division D—Funding Tables.
8 (5) Division E—Non-Department of Defense
9 Matters.
10 (6) Division F—Intelligence Authorization Act
11 for Fiscal Year 2023.
12 (7) Division G—Homeland Security.
13 (8) Division H—Water Resources.
14 (9) Division I—Department of State Authoriza-
15 tions.
16 (10) Division J—Oceans and Atmosphere.
17 (11) Division K—Don Young Coast Guard Au-
18 thorization Act of 2022.
19 (b) TABLE OF CONTENTS.—The table of contents for
20 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
3
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howit-
zers.
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 programs.
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 vessels.
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 warning
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 aircraft.
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 mis-
sion of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
4
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.
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 authority.
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 En-
gineering in personnel management authority to attract experts
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 war-
fare 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 inno-
vation at institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding defense
research capacity at historically Black colleges and universities
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
5
Sec. 233. Plan for investments to support the development of novel processing ap-
proaches 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 Fellow-
ship 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 informa-
tion 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 A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
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 en-
ergy 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 re-
newable 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 extreme
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 recy-
cling.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
6
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 installa-
tions.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department
of Defense with electric vehicles, advanced-biofuel-powered vehi-
cles, 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-Pa-
cific 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 implications
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 con-
tamination in drinking water by Agency for Toxic Substances
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 property.
Sec. 345. Restriction on procurement or purchasing by Department of Defense of
turnout gear for firefighters containing perfluoroalkyl substances
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 pro-
curement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and objec-
tives 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 readiness
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
7
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 production
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 installations.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
8
TITLE IV—MILITARY 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
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 depart-
ments 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 Reserve
Officers’ Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in the National
Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
9
Sec. 515. Authority to waive requirement that performance of Active Guard and
Reserve duty at the request of a Governor may not interfere 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 re-
serve 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-
serve Officers’ Training Corps.
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 em-
ployees and their families.
Sec. 523. Limitation of extension of period of active duty for a member who ac-
cepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative discharges
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 prospective
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
10
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 edu-
cation.
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 dependents
of military and civilian personnel.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
11
Sec. 575. Assistance to local educational agencies that benefit dependents of mem-
bers 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 De-
partment 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 Chil-
dren’s Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to provide finan-
cial 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; codifica-
tion.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
12
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 mem-
bers of the Armed Forces whose sole dependent dies while resid-
ing 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 certain
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 services
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 relo-
cate 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 institution
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 as-
signment.
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 ac-
cumulate 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 member
of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00012 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
13
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 Au-
tonomous 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 pro-
gram 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 pro-
vided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civilians
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00013 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
14
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humanitarian,
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 literacy
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 Edu-
cation 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 Autism
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 members
of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by indi-
viduals 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: cer-
tification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense internship
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 vi-
olence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed
Forces.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
15
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 ob-
stacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and engineering
services.
Sec. 803. Data requirements for commercial products for major weapon systems.
Sec. 804. Revision of authority for procedures to allow rapid acquisition and de-
ployment of capabilities needed under specified high-priority cir-
cumstances.
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 disclo-
sure 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 contracts.
Sec. 812. Comptroller General assessment of acquisition programs and related ef-
forts.
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 activities
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 De-
fense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due to inflation
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 agreements
with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software or hard-
ware acquisitions for covered individuals.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
16
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 cer-
tain 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 strategic
and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing and indus-
trial 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 programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G—Other Matters
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 pro-
gram classification guides and program protection plans.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00016 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
17
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant Secre-
taries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief Manage-
ment 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 relat-
ing 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 op-
erations.
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 counter-
terrorism 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 con-
cerning 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00017 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
18
Subtitle D—Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or release of indi-
viduals detained at United States Naval Station, Guantanamo
Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or modify facili-
ties 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 transfer
or release of individuals detained at United States Naval Sta-
tion, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or relinquish control
of United States Naval Station, Guantanamo Bay, Cuba.
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 systems
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 De-
fense 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 hu-
manitarian 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 air-
craft to other departments of the Federal Government and au-
thority to transfer excess aircraft to States.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00018 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
19
Sec. 1061. Combatant command risk assessment for airborne intelligence, surveil-
lance, 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 Government
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 efforts
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 govern-
ments 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 De-
fense 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 countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in Africa.
Subtitle G—Other Matters
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 Defense
for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for Strategic
Studies as the James M. Inhofe Center for Africa Strategic Stud-
ies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2 joint training
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 employ-
ees choosing to report experiencing adult sexual assault.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00019 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
20
Sec. 1102. Modification and extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal civil-
ian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, bene-
fits, 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 positions
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 cer-
tain 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 organiza-
tions.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in training
program conducted by Colombia under the United States-Colom-
bia 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 certain
coalition nations for support provided to United States military
operations.
Sec. 1207. Modification and extension of authority to support border security op-
erations 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 assistance
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, as-
sist, 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00020 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
21
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 Of-
fice 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 Initiative.
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 Rus-
sian 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
Sec. 1251. Modification to annual report on military and security developments
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 cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and dissuasion.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00021 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
22
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 Lib-
eration Army.
Sec. 1259. Review of port and port-related infrastructure purchases and invest-
ments 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 Eu-
rope.
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 national
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 observers.
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 Ma-
terials 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00022 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
23
Subtitle C—Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund
for Captain James A. Lovell Health Care Center, Illinois.
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 cybersecu-
rity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of universities that ad-
vise 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 assess-
ments 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
24
Sec. 1537. Study to determine optimal strategy for structuring and manning ele-
ments of Joint Force Headquarters–Cyber Organizations, Joint
Mission Operations Centers, and Cyber Operations-Integrated
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 Depart-
ment of Defense.
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 budget
data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of artificial in-
telligence.
Sec. 1555. Review of Department of Defense implementation of recommendations
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 con-
trol responsibility to Commander of United States Cyber Com-
mand.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-frequency en-
abled 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 Capabili-
ties 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00024 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
25
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 programs
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 information
and systems.
Sec. 1654. Next generation interceptors for missile defense of United States home-
land.
Sec. 1655. Termination of requirement to transition ballistic missile defense pro-
grams to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense systems
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.
Subtitle E—Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White House
Military Office.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
26
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 capac-
ity needs for munitions production and stockpiling.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2803. Effective date and automatic execution of conforming changes to tables
of sections, tables of contents, and similar tabular entries.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. 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 sys-
tem in Kalaeloa, Hawaii.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00026 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
27
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment program
projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
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.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018 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 Ac-
count.
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.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00027 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
28
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 en-
ergy 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 conditions
of residents in privatized military housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts with feder-
ally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military installation
resilience component of master plans for at-risk major military
installations.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00028 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
29
Sec. 2854. Briefing on attempts to acquire land near United States military in-
stallations by the People’s Republic of China.
Subtitle F—Other Matters
Sec. 2861. Required consultation with State and local entities for notifications re-
lated to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program of cer-
tain 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 infra-
structure 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 con-
struction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of Inspec-
tors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training facility.
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.
PART I—LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00029 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
30
PART II—LANDER COUNTY WILDERNESS AREAS
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study 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 weapons.
Sec. 3112. Modifications to long-term plan for meeting national security require-
ments 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 vul-
nerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for laboratory-
directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security Administration.
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 war-
heads.
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 manufac-
turing development.
Sec. 3126. Authorization of workforce development and training partnership pro-
grams within National Nuclear Security Administration.
Subtitle C—Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00030 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
31
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
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 pro-
cured, 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 cadets
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 program.
Sec. 3524. Infrastructure improvements identified in the report on strategic sea-
ports.
Sec. 3525. GAO review of Government efforts to promote growth and moderniza-
tion of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure resiliency
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 foreign
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.
Subtitle E—Other Matters
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00031 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
32
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
Sec. 4401. Military personnel.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
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.
Sec. 5112. GAO study on post-market surveillance of medical devices by Depart-
ment of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services and hous-
ing insecurity.
Sec. 5114. Report on handling of certain records of the Department of Veterans
Affairs.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00032 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
33
Subtitle C—Other Matters
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 Veterans
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 Veterans
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. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-duty sta-
tus.
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. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports to Con-
gress.
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.
Subtitle E—Council of the Inspectors General on Integrity and Efficiency
Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00033 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
34
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 orga-
nizations 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 al-
legations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B—PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and supporting
positions.
TITLE LIV—21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
TITLE LV—FOREIGN AFFAIRS MATTERS
Subtitle A—Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
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 necessary,
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.
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 program.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00034 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
35
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 targeting
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 inter-
national 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 esca-
lation 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 Tai-
wan.
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. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs with
Taiwan.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00035 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
36
PART 6—UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
Sec. 5536. Short title.
Sec. 5537. Definitions.
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. 5541. Short title.
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. 5551. Short title.
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 en-
forcement 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.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
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, Preparedness,
and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E—Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00036 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
37
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. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses and per-
petration 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 information
environment.
Sec. 5584. Promoting freedom of information and countering censorship and sur-
veillance in North Korea.
Subtitle G—Other Matters
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
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00037 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
38
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 members
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
Sec. 5801. Short title.
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
Sec. 5821. Data standards requirements for the Securities and Exchange Commis-
sion.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00038 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
39
Sec. 5825. Shorter-term burden reduction and disclosure simplification at the Se-
curities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C—Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance Cor-
poration.
Sec. 5832. Open data publication by the Federal Deposit Insurance Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D—Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the Office
of the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E—Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the Bu-
reau of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
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.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G—National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
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.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I—Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00039 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
40
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 non-
immigrant 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 of-
fenses.
Subtitle B—Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and specialized facili-
ties.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed ledger tech-
nology.
Sec. 5914. Technical corrections.
Subtitle C—FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D—Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E—Other Matters
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-binding
instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00040 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
41
Sec. 6003. Explanatory statement.
TITLE LXI—INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
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
Sec. 6201. Authorization of appropriations.
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 jurisdiction
to facilities of Office of Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller General
of the United States for the Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget justification mate-
rials.
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 Execu-
tive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for export con-
trols and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic standards.
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.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00041 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
42
Sec. 6402. Annual submission to Congress of National Intelligence Priorities
Framework.
Sec. 6403. Disposition of records of Office of the Director of National Intelligence.
Subtitle B—Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence Agency func-
tions.
Sec. 6412. Expansion of reporting requirements relating to authority to pay per-
sonnel 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 cer-
tain 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 Na-
tional Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership Program.
Sec. 6436. Briefing on coordination between intelligence community and Bureau
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 Chinese
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 Republic
of China.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00042 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
43
Sec. 6515. Intelligence assessment on foreign weaponization of advertisement tech-
nology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone assets.
Subtitle C—Reports and Other Matters
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 Workforce
2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of admin-
istration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified information
for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of covered in-
sider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use of space
certified as sensitive compartmented information facilities.
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 ur-
gent concern received by inspectors general of the intelligence
community.
TITLE LXVII—MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A—General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National Intelligence for arti-
ficial intelligence policies, standards, and guidance for the intel-
ligence community.
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 clearances
for certain contractors.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00043 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
44
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 arti-
ficial intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software systems.
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 community
relating to science, technology, engineering, and math, and re-
lated areas.
Subtitle D—Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E—Other Matters
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 anoma-
lous phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings on un-
identified 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 Hemisphere.
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 Rus-
sian Federation’s invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to un-
dertake an effort to identify International Mobile Subscriber
Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research assessment
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00044 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
45
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 engi-
neering 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.
Sec. 6824. Technical corrections.
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.
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 advance
traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to deter ve-
hicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection personnel
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00045 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
46
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. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial intelligence ca-
pabilities 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. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D—Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
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. 7301. Short title.
Sec. 7302. Definitions.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00046 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
47
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B—Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological hazards
and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C—Other Matters
Sec. 7321. Crisis counseling assistance and training.
DIVISION H—WATER RESOURCES
TITLE LXXXI—WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 8001. Short title; table of contents.
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.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory Com-
mittee.
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 appropriation
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00047 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
48
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 rehabilitation
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.
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 re-
sponsibilities.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00048 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
49
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 capac-
ity.
Sec. 8231. Report on socially and economically disadvantaged small business con-
cerns.
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.
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, Col-
orado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00049 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
50
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 dem-
onstration projects.
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 Mexico.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00050 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
51
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.
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
Sec. 9001. Short title.
Sec. 9002. Definitions.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00051 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
52
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 technology
fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and investigations.
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) orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at the De-
partment 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.
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.
Sec. 9405. Rule of construction.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00052 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
53
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 Program.
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 di-
plomacy.
TITLE XCVII—OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by international
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 operations
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.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control Reform
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 de-
partures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under Domestic
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00053 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
54
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.
Sec. 10016. Definitions.
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 EXPLO-
RATION OF THE GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
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. 10301. Findings.
Sec. 10302. Definitions.
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 Oce-
anic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the National
Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of 1998.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00054 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
55
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. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
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
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI—AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
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 improve-
ment.
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 region.
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 con-
dition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00055 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
56
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 mission
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 control
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.
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 par-
ticular 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00056 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
57
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 minorities
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 personnel.
Subtitle G—Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of foreign-
made unmanned aircraft systems.
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.
Sec. 11266. Procurement of tethered aerostat radar system for Coast Guard Sta-
tion 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 transfers
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. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and port oper-
ations 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 region.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00057 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
58
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 contracts.
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 anchorage
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 fishing
gear.
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 ad-
ministration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase energy pro-
duction.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E—Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
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.
Sec. 11335. Authorization of appropriations.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00058 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
59
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.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00059 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
60
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 cre-
dentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C—Other Matters
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.
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. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for suspension or rev-
ocation.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00060 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
61
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 recon-
naissance 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 Atmospheric
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. 11803. Technical corrections.
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.
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 101(a)(16)
4 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 titled
9 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act,
10 jointly submitted for printing in the Congressional Record
11 by the Chairmen of the House and Senate Budget Commit-
12 tees, provided that such statement has been submitted prior
13 to the vote on passage in the House acting first on the con-
14 ference report or amendment between the Houses.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
62
1 SEC. 5. EXPLANATORY STATEMENT.
2 The explanatory statement regarding this Act, printed
3 in the House section of the Congressional Record on or
4 about December 7, 2022, by the Chairman of the Committee
5 on Armed Services of the House of Representatives and the
6 Chairman of the Committee on Armed Services of the Sen-
7 ate, shall have the same effect with respect to the implemen-
8 tation of this Act as if it were a joint explanatory statement
9 of a committee of conference.
10 DIVISION A—DEPARTMENT OF
11 DEFENSE AUTHORIZATIONS
12 TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howit-
zers.
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 programs.
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 vessels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00062 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
63
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 warning
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 aircraft.
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 mis-
sion 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 fis-
5 cal year 2023 for procurement for the Army, the Navy and
6 the Marine Corps, the Air Force and the Space Force, and
7 Defense-wide activities, as specified in the funding table in
8 section 4101.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
64
1 Subtitle B—Army Programs
2 SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED
3 RANGE CANNON ARTILLERY HOWITZERS.
4 (a) LIMITATIONS.—In carrying out the acquisition of
5 Extended Range Cannon Artillery howitzers, the Secretary
6 of the Army shall—
7 (1) limit production of prototype Extended
8 Range Cannon Artillery howitzers to not more than
9 20;
10 (2) compare the cost and value to the United
11 States Government of a Paladin Integrated Manage-
12 ment-modification production approach with a new-
13 build production approach;
14 (3) include in any cost analysis or compari-
15 son—
16 (A) the monetary value of a Paladin how-
17 itzer that may be modified to produce an Ex-
18 tended Range Cannon Artillery howitzer; and
19 (B) the monetary value of leveraging gov-
20 ernment-owned infrastructure to facilitate the
21 modification;
22 (4) use a full and open competitive approach
23 using best value criteria for post-prototype production
24 source selection; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00064 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
65
1 (5) base any production strategy and source se-
2 lection decisions on a full understanding of the cost
3 of production, including—
4 (A) the comparison of production ap-
5 proaches described in paragraph (2); and
6 (B) any cost analysis or comparison de-
7 scribed in paragraph (3).
8 (b) CERTIFICATION.—Before issuing a request for pro-
9 posal for the post-prototype production of an Extended
10 Range Cannon Artillery howitzer, the Secretary of the
11 Army shall—
12 (1) certify to the congressional defense commit-
13 tees that the acquisition strategy upon which the re-
14 quest for proposal is based complies with the require-
15 ments of subsection (a); and
16 (2) provide to the congressional defense commit-
17 tees a briefing on that acquisition strategy and the
18 relevant cost and value comparison described in sub-
19 section (a)(2).
20 (c) INCLUSION OF CERTAIN INFORMATION IN BUDGET
21 MATERIALS.—The Secretary of the Army shall ensure that
22 the cost of procuring Paladin howitzers to be modified for
23 post-prototype production of Extended Range Cannon Ar-
24 tillery howitzers is included—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
66
1 (1) in the materials relating to the Extended
2 Range Cannon Artillery program submitted in sup-
3 port of the budget of the President (as submitted to
4 Congress under section 1105(a) of title 31, United
5 States Code) for each fiscal year in which such pro-
6 gram is carried out; and
7 (2) in any budget briefings concerning such pro-
8 gram.
9 Subtitle C—Navy Programs
10 SEC. 121. REQUIREMENTS RELATING TO EA–18G AIRCRAFT
11 OF THE NAVY.
12 (a) LIMITATIONS AND MINIMUM INVENTORY REQUIRE-
13 MENTS.—Section 8062 of title 10, United States Code, is
14 amended—
15 (1) by redesignating subsection (f) as subsection
16 (g); and
17 (2) by inserting after subsection (e) the following
18 new subsection:
19 ‘‘(f)(1)(A) During the period beginning on the date of
20 the enactment of the National Defense Authorization Act for
21 Fiscal Year 2023 and ending on September 30, 2027, the
22 Secretary of the Navy may not—
23 ‘‘(i) retire an EA–18G aircraft;
24 ‘‘(ii) reduce funding for unit personnel
25 or weapon system sustainment activities for
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
67
1 EA–18G aircraft in a manner that pre-
2 sumes future congressional authority to di-
3 vest such aircraft;
4 ‘‘(iii) place an EA–18G aircraft in ac-
5 tive storage status or inactive storage status;
6 or
7 ‘‘(iv) keep an EA–18G aircraft in a
8 status considered excess to the requirements
9 of the possessing command and awaiting
10 disposition instructions.
11 ‘‘(B) The prohibition under subparagraph (A)
12 shall not apply to individual EA–18G aircraft that
13 the Secretary of the Navy determines, on a case-by-
14 case basis, to be no longer mission capable and uneco-
15 nomical to repair because of aircraft accidents or
16 mishaps.
17 ‘‘(2)(A) The Secretary of the Navy shall maintain a
18 total aircraft inventory of EA–18G aircraft of not less than
19 158 aircraft, of which not less than 126 aircraft shall be
20 coded as primary mission aircraft inventory.
21 ‘‘(B) The Secretary of the Navy may reduce the num-
22 ber of EA–18G aircraft in the inventory of the Navy below
23 the minimum number specified in subparagraph (A) if the
24 Secretary determines, on a case-by-case basis, that an air-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
68
1 craft is no longer mission capable and uneconomical to re-
2 pair because of aircraft accidents or mishaps.
3 ‘‘(C) In this paragraph, the term ‘primary mission
4 aircraft inventory’ means aircraft assigned to meet the pri-
5 mary aircraft authorization—
6 ‘‘(i) to a unit for the performance of its wartime
7 mission;
8 ‘‘(ii) to a training unit for technical and special-
9 ized training for crew personnel or leading to aircrew
10 qualification;
11 ‘‘(iii) to a test unit for testing of the aircraft or
12 its components for purposes of research, development,
13 test, and evaluation, operational test and evaluation,
14 or to support testing programs; or
15 ‘‘(iv) to meet requirements for missions not oth-
16 erwise specified in clauses (i) through (iii).’’.
17 (b) REPORT REQUIRED.—Not later than 180 days
18 after the date of the enactment of this Act, the Secretary
19 of the Navy and the Secretary of the Air Force shall jointly
20 submit to the congressional defense committees a report that
21 includes a strategy and execution plan for continuously and
22 effectively meeting the airborne electronic attack training
23 and combat requirements of the joint force. At a minimum,
24 the strategy and execution plan shall provide for—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
69
1 (1) the integration and utilization of both reserve
2 and active duty component forces and resources with-
3 in the Department of the Navy and the Department
4 of the Air Force; and
5 (2) the establishment or continuation of one or
6 more joint service expeditionary, land-based electronic
7 attack squadrons that equal or exceed the capacity
8 and capability of such squadrons in effect as of the
9 date of the enactment of this Act.
10 SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT
11 SPECIAL INCENTIVE.
12 (a) IN GENERAL.—Chapter 863 of title 10, United
13 States Code, is amended by adding at the end the following
14 new section:
15 ‘‘SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOP-
16 MENT SPECIAL INCENTIVE.
17 ‘‘(a) REQUIREMENT.—
18 ‘‘(1) IN GENERAL.—The Secretary of the Navy
19 shall include in any solicitation for a covered con-
20 tract a special incentive for workforce development
21 that funds one or more workforce development activi-
22 ties described in subsection (c).
23 ‘‘(2) AMOUNT OF SPECIAL INCENTIVE.—The
24 amount of a special incentive required under sub-
25 section (a)(1) shall be equal to not less than one quar-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
70
1 ter of one percent and not more than one percent of
2 the estimated cost of the covered contract.
3 ‘‘(3) WAIVER.—
4 ‘‘(A) IN GENERAL.—The Secretary of the
5 Navy may waive one or more of the requirements
6 of this section if the Secretary determines—
7 ‘‘(i) unreasonable cost or delay would
8 be incurred by complying with such require-
9 ments;
10 ‘‘(ii) existing workforce development
11 initiatives are sufficient to meet workforce
12 needs;
13 ‘‘(iii) there are minimal workforce de-
14 velopment issues to be addressed; or
15 ‘‘(iv) it is not in the national security
16 interests of the United States to comply
17 with such requirements.
18 ‘‘(B) NOTICE TO CONGRESS.—Not less than
19 30 days prior to issuing a waiver under sub-
20 paragraph (A), the Secretary of the Navy shall
21 submit to the congressional defense committees
22 written notice of the intent of the Secretary to
23 issue such a waiver. Such notice shall specify the
24 basis for such waiver and include a detailed ex-
25 planation of the reasons for issuing the waiver.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
71
1 ‘‘(b) MATCHING CONTRIBUTION REQUIREMENT.—
2 ‘‘(1) IN GENERAL.—Funds for a special incentive
3 for workforce development required under subsection
4 (a)(1) may be expended only—
5 ‘‘(A) on or after the date on which the serv-
6 ice acquisition executive of the Navy receives a
7 written commitment from one or more entities
8 described in paragraph (2) of separate and dis-
9 tinct cumulative monetary contributions to be
10 made on or after the date of such commitment
11 for workforce development; and
12 ‘‘(B) in an amount that is equal to the ag-
13 gregate amount of all monetary contributions
14 from entities that made commitments under sub-
15 paragraph (A) not to exceed the amount of fund-
16 ing made available for the special incentive
17 under subsection (a)(2).
18 ‘‘(2) ENTITIES DESCRIBED.—The entities de-
19 scribed in this paragraph are the following:
20 ‘‘(A) The prime contractor that was award-
21 ed a covered contract.
22 ‘‘(B) A qualified subcontractor.
23 ‘‘(C) A State government or other State en-
24 tity.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
72
1 ‘‘(D) A county government or other county
2 entity.
3 ‘‘(E) A local government or other local enti-
4 ty.
5 ‘‘(F) An industry association, organization,
6 or consortium that directly supports workforce
7 development.
8 ‘‘(3) SPECIAL RULE.—In a case in which the ag-
9 gregate amount of all monetary contributions from
10 entities that made commitments under paragraph
11 (1)(A) is less than the minimum amount specified for
12 the special incentive under subsection (a)(2), funds
13 for the special incentive may be expended in an
14 amount equal to such lesser amount.
15 ‘‘(c) AUTHORIZED ACTIVITIES.—
16 ‘‘(1) IN GENERAL.—Funds for a special incentive
17 for workforce development required under subsection
18 (a)(1) may be obligated or expended only to provide
19 for the activities described in paragraph (2) in sup-
20 port of the production and production support work-
21 force of the prime contractor concerned or a qualified
22 subcontractor concerned.
23 ‘‘(2) ACTIVITIES DESCRIBED.—The activities de-
24 scribed in this paragraph are the following:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
73
1 ‘‘(A) The creation of short- and long-term
2 workforce housing, transportation, and other
3 support services to facilitate attraction, reloca-
4 tion, and retention of workers.
5 ‘‘(B) The expansion of local talent pipeline
6 programs for both new and existing workers.
7 ‘‘(C) Investments in long-term outreach in
8 middle school and high school programs, specifi-
9 cally career and technical education programs,
10 to promote and develop manufacturing skills.
11 ‘‘(D) The development or modification of fa-
12 cilities for the primary purpose of workforce de-
13 velopment.
14 ‘‘(E) Payment of direct costs attributable to
15 workforce development.
16 ‘‘(F) Attraction and retention bonus pro-
17 grams.
18 ‘‘(G) On-the-job training to develop key
19 manufacturing skills.
20 ‘‘(d) APPROVAL REQUIREMENT.—The service acquisi-
21 tion executive of the Navy shall—
22 ‘‘(1) provide the final approval of the use of
23 funds for a special incentive for workforce develop-
24 ment required under subsection (a)(1); and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
74
1 ‘‘(2) not later than 30 days after the date on
2 which such approval is provided, certify to the con-
3 gressional defense committees compliance with the re-
4 quirements of subsections (b) and (c), including—
5 ‘‘(A) a detailed explanation of such compli-
6 ance; and
7 ‘‘(B) the associated benefits to—
8 ‘‘(i) the Federal Government; and
9 ‘‘(ii) the shipbuilding industrial base
10 of the Navy.
11 ‘‘(e) DEFINITIONS.—In this section:
12 ‘‘(1) The term ‘covered contract’ means a prime
13 contract for the construction of a naval vessel funded
14 using amounts appropriated or otherwise made avail-
15 able for Shipbuilding and Conversion, Navy.
16 ‘‘(2) The term ‘qualified subcontractor’ means a
17 subcontractor that will deliver the vessel or vessels
18 awarded under a covered contract to the Navy.’’.
19 (b) CLERICAL AMENDMENT.—The table of sections at
20 the beginning of chapter 863 of such title is amended by
21 adding at the end the following new item:
‘‘8696. Navy shipbuilding workforce development special incentive.’’.
22 (c) APPLICABILITY.—Section 8696 of title 10, United
23 States Code, as added by subsection (a), shall apply with
24 respect to—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
75
1 (1) a solicitation for a covered contract (as de-
2 fined in subsection (e) of that section) made on or
3 after June 1, 2023; and
4 (2) a solicitation or award of a covered contract,
5 if otherwise determined appropriate by the Secretary
6 of the Navy.
7 SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY
8 OF FUNDS FOR NAVY PORT WATERBORNE SE-
9 CURITY BARRIERS.
10 (a) IN GENERAL.—Subsection (a) of section 130 of the
11 John S. McCain National Defense Authorization Act for
12 Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665),
13 as most recently amended by section 122 of the National
14 Defense Authorization Act for Fiscal Year 2022 (Public
15 Law 117–81; 135 Stat. 1570), is further amended by strik-
16 ing ‘‘for fiscal years 2019, 2020, 2021, or 2022’’ and insert-
17 ing ‘‘for any of fiscal years 2019 through 2023’’.
18 (b) TECHNICAL AMENDMENT.—Subsection (b)(4) of
19 such section is amended by striking ‘‘section 2304’’ and in-
20 serting ‘‘sections 3201 through 3205’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
76
1 SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPA-
2 BILITIES AND FLEET CONFIGURATION OF E–
3 6B AIRCRAFT.
4 (a) LIMITATION.—Until the date on which the certifi-
5 cation described in subsection (b) is submitted to the con-
6 gressional defense committees, the Secretary of the Navy—
7 (1) may not retire, or prepare to retire, any E–
8 6B aircraft;
9 (2) shall maintain the fleet of E–6B aircraft in
10 the configuration in effect as of the date of the enact-
11 ment of this Act; and
12 (3) shall ensure that E–6B aircraft continue to
13 meet the operational requirements of the combatant
14 commands that are met by such aircraft as of the date
15 of the enactment of this Act.
16 (b) CERTIFICATION DESCRIBED.—The certification de-
17 scribed in this subsection is a written certification from the
18 Chair of the Joint Requirements Oversight Council indi-
19 cating that the replacement capability for the E–6B air-
20 craft—
21 (1) will be fielded at the same time or before the
22 retirement of the first E–6B aircraft; and
23 (2) at the time such replacement capability
24 achieves initial operational capability, will have the
25 ability to meet the operational requirements of the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
77
1 combatant commands that have been, or that are ex-
2 pected to be, assigned to such replacement capability.
3 (c) EXCEPTION.—The requirements of subsection (a)
4 shall not apply to an individual E–6B aircraft otherwise
5 required to be maintained by that subsection if the Sec-
6 retary of the Navy determines, on a case-by-case basis, that
7 such aircraft is no longer mission capable due to a mishap
8 or other damage.
9 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR
10 ARLEIGH BURKE CLASS DESTROYERS.
11 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
12 Subject to section 3501 of title 10, United States Code, the
13 Secretary of the Navy may enter into one or more multiyear
14 contracts for the procurement of up to 15 Arleigh Burke
15 class Flight III guided missile destroyers.
16 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The
17 Secretary of the Navy may enter into one or more contracts,
18 beginning in fiscal year 2023, for advance procurement as-
19 sociated with the destroyers for which authorization to enter
20 into a multiyear procurement contract is provided under
21 subsection (a), and for systems and subsystems associated
22 with such destroyers in economic order quantities when cost
23 savings are achievable.
24 (c) CONDITION FOR OUT-YEAR CONTRACT PAY-
25 MENTS.—A contract entered into under subsection (a) shall
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
78
1 provide that any obligation of the United States to make
2 a payment under the contract for a fiscal year after fiscal
3 year 2023 is subject to the availability of appropriations
4 or funds for that purpose for such later fiscal year.
5 (d) MANDATORY INCLUSION OF PRE-PRICED OPTION
6 IN CERTAIN CIRCUMSTANCES.—
7 (1) IN GENERAL.—In the event the total base
8 quantity of destroyers to be procured through all con-
9 tracts entered into under subsection (a) is less than
10 15, the Secretary of the Navy shall ensure that one or
11 more of the contracts includes a pre-priced option for
12 the procurement of additional destroyers such that the
13 sum of such base quantity and the number of destroy-
14 ers that may be procured through the exercise of such
15 options is equal to 15 destroyers.
16 (2) DEFINITIONS.—In this subsection:
17 (A) The term ‘‘base quantity’’ means the
18 quantity of destroyers to be procured under a
19 contract entered into under subsection (a) ex-
20 cluding any quantity of destroyers that may be
21 procured through the exercise of an option that
22 may be part of such contract.
23 (B) The term ‘‘pre-priced option’’ means a
24 contract option for a contract entered into under
25 subsection (a) that, if exercised, would allow the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
79
1 Secretary of the Navy to procure a destroyer at
2 a predetermined price specified in such contract.
3 (e) LIMITATION.—The Secretary of the Navy may not
4 modify a contract entered into under subsection (a) if the
5 modification would increase the target price of the destroyer
6 by more than 10 percent above the target price specified
7 in the original contract for the destroyer under subsection
8 (a).
9 SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE
10 CONNECTOR PROGRAM.
11 (a) CONTRACT AUTHORITY.—Beginning in fiscal year
12 2023, the Secretary of the Navy may enter into one or more
13 contracts for the procurement of up to 25 Ship-to-Shore
14 Connector class craft and associated material.
15 (b) LIABILITY.—Any contract entered into under sub-
16 section (a) shall provide that—
17 (1) any obligation of the United States to make
18 a payment under the contract is subject to the avail-
19 ability of appropriations for that purpose; and
20 (2) the total liability of the Federal Government
21 for termination of the contract shall be limited to the
22 total amount of funding obligated to the contract at
23 the time of termination.
24 (c) CERTIFICATION REQUIRED.—A contract may not
25 be entered into under subsection (a) unless the Secretary
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
80
1 of the Navy certifies to the congressional defense committees,
2 in writing, not later than 30 days before entry into the con-
3 tract, each of the following, which shall be prepared by the
4 milestone decision authority for the Ship-to-Shore Con-
5 nector program:
6 (1) The use of such a contract is consistent with
7 the Chief of Naval Operations’ projected force struc-
8 ture requirements for Ship-to-Shore Connector class
9 craft.
10 (2) The use of such a contract will result in sig-
11 nificant savings compared to the total anticipated
12 costs of carrying out the program through annual
13 contracts. In certifying cost savings under the pre-
14 ceding sentence, the Secretary shall include a written
15 explanation of—
16 (A) the estimated end cost and appropriated
17 funds by fiscal year, by craft, without the au-
18 thority provided in subsection (a);
19 (B) the estimated end cost and appro-
20 priated funds by fiscal year, by craft, with the
21 authority provided in subsection (a);
22 (C) the estimated cost savings or increase by
23 fiscal year, by craft, with the authority provided
24 in subsection (a);
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
81
1 (D) the discrete actions that will accomplish
2 such cost savings or avoidance; and
3 (E) the contractual actions that will ensure
4 the estimated cost savings are realized.
5 (3) There is a reasonable expectation that
6 throughout the contemplated contract period the Sec-
7 retary of the Navy will request funding for the con-
8 tract at the level required to avoid contract cancella-
9 tion.
10 (4) There is a stable design for the property to
11 be acquired and the technical risks associated with
12 such property are not excessive.
13 (5) The estimates of both the cost of the contract
14 and the anticipated cost avoidance through the use of
15 a contract authorized under subsection (a) are real-
16 istic, including a description of the basis for such es-
17 timates.
18 (6) The use of such a contract will promote the
19 national security of the United States.
20 (7) During the fiscal year in which such contract
21 is to be awarded, sufficient funds will be available to
22 perform the contract in such fiscal year.
23 (d) MILESTONE DECISION AUTHORITY DEFINED.—In
24 this section, the term ‘‘milestone decision authority’’ has the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
82
1 meaning given that term in section 4251(d) of title 10,
2 United States Code.
3 SEC. 127. PROCUREMENT AUTHORITY FOR CH–53K HEAVY
4 LIFT HELICOPTER PROGRAM.
5 (a) CONTRACT AUTHORITY.—During fiscal years 2023
6 and 2024, the Secretary of the Navy may enter into one
7 or more fixed-price contracts for the procurement of air-
8 frames and engines in support of the CH–53K heavy lift
9 helicopter program (in this section referred to as the ‘‘pro-
10 gram’’).
11 (b) LIABILITY.—Any contract entered into under sub-
12 section (a) shall provide that—
13 (1) any obligation of the United States to make
14 a payment under the contract is subject to the avail-
15 ability of appropriations for that purpose; and
16 (2) the total liability of the Federal Government
17 for termination of the contract shall be limited to the
18 total amount of funding obligated to the contract at
19 the time of termination.
20 (c) CERTIFICATION REQUIRED.—A contract may not
21 be entered into under subsection (a) unless the Secretary
22 of Defense certifies to the congressional defense committees,
23 in writing, not later than 30 days before entry into the con-
24 tract, each of the following, which shall be prepared by the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
83
1 milestone decision authority (as defined in section 4251(d)
2 of title 10, United States Code) for the program:
3 (1) The use of such a contract will result in sig-
4 nificant savings compared to the total anticipated
5 costs of carrying out the program through annual
6 contracts. In certifying cost savings under the pre-
7 ceding sentence, the Secretary shall include a written
8 explanation of—
9 (A) the estimated obligations and expendi-
10 tures by fiscal year for the program without the
11 authority provided in subsection (a);
12 (B) the estimated obligations and expendi-
13 tures by fiscal year for the program with the au-
14 thority provided in subsection (a);
15 (C) the estimated cost savings or increase by
16 fiscal year for the program with the authority
17 provided in subsection (a);
18 (D) the discrete actions that will accomplish
19 such cost savings or avoidance; and
20 (E) the contractual actions that will ensure
21 the estimated cost savings are realized.
22 (2) There is a reasonable expectation that
23 throughout the contemplated contract period the Sec-
24 retary of Defense will request funding for the contract
25 at the level required to avoid contract cancellation.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
84
1 (3) There is a stable design for the property to
2 be acquired and the technical risks associated with
3 such property are not excessive.
4 (4) The estimates of both the cost of the contract
5 and the anticipated cost avoidance through the use of
6 a contract authorized under subsection (a) are real-
7 istic.
8 (5) The use of such a contract will promote the
9 national security of the United States.
10 (6) During the fiscal year in which such contract
11 is to be awarded, sufficient funds will be available to
12 perform the contract in such fiscal year, and the fu-
13 ture-years defense program submitted to Congress
14 under section 221 of title 10, United States Code, for
15 such fiscal year will include the funding required to
16 execute the program without cancellation.
17 SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-
18 CLASS FLEET REPLENISHMENT OILER SHIPS.
19 (a) CONTRACT AUTHORITY.—
20 (1) PROCUREMENT AUTHORIZED.—During fiscal
21 years 2023 and 2024, the Secretary of the Navy may
22 enter into one or more contracts for the procurement
23 of not more than eight John Lewis-class fleet replen-
24 ishment oiler ships.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
85
1 (2) PROCUREMENT IN CONJUNCTION WITH EXIST-
2 ING CONTRACTS.—The ships authorized to be procured
3 under paragraph (1) may be procured as additions to
4 existing contracts covering the John Lewis-class fleet
5 replenishment oiler ship program.
6 (b) CERTIFICATION REQUIRED.—A contract may not
7 be entered into under subsection (a) unless the Secretary
8 of the Navy certifies to the congressional defense committees,
9 in writing, not later than 30 days before entry into the con-
10 tract, each of the following, which shall be prepared by the
11 milestone decision authority for the John Lewis-class fleet
12 replenishment oiler ship program:
13 (1) The use of such a contract is consistent with
14 the Department of the Navy’s projected force structure
15 requirements for such ships.
16 (2) The use of such a contract will result in sig-
17 nificant savings compared to the total anticipated
18 costs of carrying out the program through annual
19 contracts. In certifying cost savings under the pre-
20 ceding sentence, the Secretary shall include a written
21 explanation of—
22 (A) the estimated end cost and appropriated
23 funds by fiscal year, by hull, without the author-
24 ity provided in subsection (a);
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
86
1 (B) the estimated end cost and appro-
2 priated funds by fiscal year, by hull, with the
3 authority provided in subsection (a);
4 (C) the estimated cost savings or increase by
5 fiscal year, by hull, with the authority provided
6 in subsection (a);
7 (D) the discrete actions that will accomplish
8 such cost savings or avoidance; and
9 (E) the contractual actions that will ensure
10 the estimated cost savings are realized.
11 (3) There is a reasonable expectation that
12 throughout the contemplated contract period the Sec-
13 retary of the Navy will request funding for the con-
14 tract at the level required to avoid contract cancella-
15 tion.
16 (4) There is a stable design for the property to
17 be acquired and the technical risks associated with
18 such property are not excessive.
19 (5) The estimates of both the cost of the contract
20 and the anticipated cost avoidance through the use of
21 a contract authorized under subsection (a) are real-
22 istic.
23 (6) The use of such a contract will promote the
24 national security of the United States.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
87
1 (7) During the fiscal year in which such contract
2 is to be awarded, sufficient funds will be available to
3 perform the contract in such fiscal year, and the fu-
4 ture-years defense program (as defined under section
5 221 of title 10, United States Code) for such fiscal
6 year will include the funding required to execute the
7 program without cancellation.
8 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
9 Secretary of the Navy may enter into one or more contracts
10 for advance procurement associated with a ship or ships
11 for which authorization to enter into a contract is provided
12 under subsection (a), and for systems and subsystems asso-
13 ciated with such ships in economic order quantities when
14 cost savings are achievable.
15 (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
16 MENTS.—A contract entered into under subsection (a) shall
17 provide that any obligation of the United States to make
18 a payment under the contract for a fiscal year is subject
19 to the availability of appropriations for that purpose for
20 such fiscal year.
21 (e) MILESTONE DECISION AUTHORITY DEFINED.—In
22 this section, the term ‘‘milestone decision authority’’ has the
23 meaning given that term in section 4251(d) of title 10,
24 United States Code.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
88
1 SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AM-
2 PHIBIOUS SHIPBUILDING PROGRAMS.
3 (a) CONTRACT AUTHORITY.—
4 (1) PROCUREMENT AUTHORIZED.—The Sec-
5 retary of the Navy may enter into one or more con-
6 tracts for the procurement of up to five covered ships.
7 (2) PROCUREMENT IN CONJUNCTION WITH EXIST-
8 ING CONTRACTS.—The ships authorized to be procured
9 under paragraph (1) may be procured as additions to
10 existing contracts covering programs for covered
11 ships.
12 (b) CERTIFICATION REQUIRED.—A contract may not
13 be entered into under subsection (a) unless the Secretary
14 of the Navy certifies to the congressional defense committees,
15 in writing, not later than 30 days before entry into the con-
16 tract, each of the following, which shall be prepared by the
17 milestone decision authority for the covered ship program
18 concerned:
19 (1) The use of such a contract is consistent with
20 the Commandant of the Marine Corps’ projected force
21 structure requirements for amphibious ships.
22 (2) The use of such a contract will result in sav-
23 ings compared to the total anticipated costs of car-
24 rying out the program through annual contracts. In
25 certifying cost savings under the preceding sentence,
26 the Secretary shall include a written explanation of—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
89
1 (A) the estimated end cost and appropriated
2 funds by fiscal year, by hull, without the author-
3 ity provided in subsection (a);
4 (B) the estimated end cost and appro-
5 priated funds by fiscal year, by hull, with the
6 authority provided in subsection (a);
7 (C) the estimated cost savings or increase by
8 fiscal year, by hull, with the authority provided
9 in subsection (a); and
10 (D) the contractual actions that will ensure
11 the estimated cost savings are realized.
12 (3) The Secretary of the Navy has a reasonable
13 expectation that throughout the contemplated contract
14 period funding will be available for the contract at
15 the level required to avoid contract cancellation.
16 (4) There is a stable design for the property to
17 be acquired and the technical risks associated with
18 such property are not excessive.
19 (5) The estimates of both the cost of the contract
20 and the anticipated cost avoidance through the use of
21 a contract authorized under subsection (a) are real-
22 istic.
23 (6) The use of such a contract will promote the
24 national security of the United States.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
90
1 (7) During the fiscal year in which such contract
2 is to be awarded, sufficient funds will be available to
3 perform the contract in such fiscal year.
4 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
5 Secretary of the Navy may enter into one or more contracts
6 for advance procurement associated with a ship or ships
7 for which authorization to enter into a contract is provided
8 under subsection (a), and for systems and subsystems asso-
9 ciated with such ships in economic order quantities when
10 cost savings are achievable.
11 (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
12 MENTS.—A contract entered into under subsection (a) shall
13 provide that any obligation of the United States to make
14 a payment under the contract for a fiscal year is subject
15 to the availability of appropriations for that purpose for
16 such fiscal year.
17 (e) TERMINATION.—The authority of the Secretary of
18 the Navy to enter into contracts under subsection (a) shall
19 terminate on September 30, 2026.
20 (f) DEFINITIONS.—In this section:
21 (1) The term ‘‘covered ship’’ means a San Anto-
22 nio-class or America-class ship.
23 (2) The term ‘‘milestone decision authority’’ has
24 the meaning given that term in section 4251(d) of
25 title 10, United States Code.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00090 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
91
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 proce-
5 dures for the detailed design and construction of the covered
6 program other than those specified in section 3201 of title
7 10, United States Code, the Secretary of the Navy—
8 (1) with respect to prime contracts for concept
9 design, preliminary design, and contract design for
10 the covered program—
11 (A) shall award such contracts to eligible
12 shipbuilders; and
13 (B) may award such contracts to other con-
14 tractors;
15 (2) shall award prime contracts for detailed de-
16 sign and construction for the covered program only to
17 eligible shipbuilders; and
18 (3) shall allocate only one vessel in the covered
19 program to each eligible shipbuilder that is awarded
20 a prime contract under paragraph (2).
21 (b) COLLABORATION REQUIREMENT.—The Secretary
22 of the Navy shall maximize collaboration among the Federal
23 Government and eligible shipbuilders throughout the design
24 and development phases of the covered program, includ-
25 ing—
26 (1) using a common design tool; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
92
1 (2) sharing production lessons learned.
2 (c) COMPETITIVE INCENTIVE REQUIREMENT.—The
3 Secretary of the Navy shall provide for competitive incen-
4 tives for eligible shipbuilders and other contractors through-
5 out the design, development, and production phases of the
6 covered program, including the following:
7 (1) Allocation of design labor hours, provided
8 that no eligible shipbuilder has fewer than 30 percent
9 of aggregate design labor hours for any phase of vessel
10 design for the covered program.
11 (2) Allocation of the lead ship in the covered pro-
12 gram.
13 (3) To the maximum extent practicable, competi-
14 tive solicitations for vessel procurement under the cov-
15 ered program.
16 (d) TECHNOLOGY MATURATION REQUIREMENTS.—The
17 Secretary of the Navy shall incorporate into the acquisition
18 strategy of the covered program the requirements of the fol-
19 lowing:
20 (1) Section 131 of the National Defense Author-
21 ization Act for Fiscal Year 2020 (Public Law 116–
22 92; 133 Stat. 1237).
23 (2) Section 221 of the National Defense Author-
24 ization Act for Fiscal Year 2022 (Public Law 117–
25 81; 135 Stat. 1599).
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
93
1 (e) TRANSITION REQUIREMENT.—The Secretary of the
2 Navy shall ensure that the transition from the Arleigh
3 Burke-class destroyer program to the covered program
4 maintains predictable production workload for eligible
5 shipbuilders.
6 (f) DEFINITIONS.—In this section:
7 (1) The term ‘‘covered program’’ means the pro-
8 gram of the Department of the Navy to procure
9 DDG(X) destroyer class vessels.
10 (2) The term ‘‘eligible shipbuilder’’ means a
11 prime contractor designated by the milestone decision
12 authority to perform detailed design and construction
13 of the covered program.
14 (3) The term ‘‘milestone decision authority’’ has
15 the meaning given in section 4211 of title 10, United
16 States Code.
17 SEC. 131. TOMAHAWK AND STANDARD MISSILE–6 CAPA-
18 BILITY ON FFG–62 CLASS VESSELS.
19 Before the first deployment of the vessel designated
20 FFG–63 and that of each successive vessel in the FFG–62
21 class, the Secretary of the Navy shall ensure that such vessel
22 is capable of carrying and employing Tomahawk and
23 Standard Missile–6 missiles.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
94
1 SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN–
2 82 AND CVN–83.
3 (a) REPORT.—Not later than March 1, 2023, the Sec-
4 retary of the Navy shall submit to the congressional defense
5 committees a report on the plan of the Navy for advance
6 procurement for the aircraft carriers designated CVN–82
7 and CVN–83.
8 (b) ELEMENTS.—The report required by subsection (a)
9 shall include an assessment of—
10 (1) the value, cost, and feasibility of a two-year
11 advance procurement period under a single-carrier
12 acquisition strategy;
13 (2) the value, cost, and feasibility of a three-year
14 advance procurement period under a single-carrier
15 acquisition strategy;
16 (3) the value, cost, and feasibility of a two-year
17 advance procurement period under a two-carrier ac-
18 quisition strategy;
19 (4) the value, cost, and feasibility of a three-year
20 advance procurement period under a two-carrier ac-
21 quisition strategy; and
22 (5) the effect of a two-carrier acquisition strategy
23 on force development and fleet capability.
24 (c) DEFINITIONS.—In this section:
25 (1) The term ‘‘single-carrier acquisition strat-
26 egy’’ means a strategy for the procurement of the air-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
95
1 craft carriers designated CVN–82 and CVN–83 pursu-
2 ant to which each aircraft carrier is procured sepa-
3 rately under a different contract.
4 (2) The term ‘‘two-carrier acquisition strategy’’
5 means a strategy for the procurement of the aircraft
6 carriers designated CVN–82 and CVN–83 pursuant to
7 which both aircraft carriers are procured together
8 under one contract.
9 SEC. 133. QUARTERLY BRIEFINGS ON THE CH–53K KING
10 STALLION HELICOPTER PROGRAM.
11 (a) IN GENERAL.—Not later than 30 days after the
12 date of the enactment of this Act, and on a quarterly basis
13 thereafter through the end of fiscal year 2024, the Secretary
14 of the Navy shall provide to the Committees on Armed Serv-
15 ices of the Senate and the House of Representatives a brief-
16 ing on the progress of the CH–53K King Stallion helicopter
17 program.
18 (b) ELEMENTS.—Each briefing under subsection (a)
19 shall include, with respect to the CH–53K King Stallion
20 helicopter program, the following:
21 (1) An overview of the program schedule.
22 (2) A statement of the total cost of the program
23 as of the date of the briefing, including the cost of de-
24 velopment, testing, and production.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
96
1 (3) A comparison of the total cost of the program
2 relative to the original acquisition program baseline
3 and the most recently approved acquisition program
4 baseline as of the date of the briefing.
5 (4) An assessment of the flight testing that re-
6 mains to be conducted under the program, including
7 any testing required for validation of correction of
8 technical deficiencies.
9 (5) An update on the status of the correction of
10 technical deficiencies under the program and any ef-
11 fects on the program schedule resulting from the dis-
12 covery and correction of such deficiencies.
13 (c) CONFORMING REPEAL.—Section 132 of the Na-
14 tional Defense Authorization Act for Fiscal Year 2020 (Pub-
15 lic Law 116–92; 133 Stat. 1238) is repealed.
16 Subtitle D—Air Force Programs
17 SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS
18 FOR AIRCRAFT OF THE COMBAT AIR FORCES.
19 (a) TOTAL FIGHTER AIRCRAFT INVENTORY REQUIRE-
20 MENTS.—Section 9062(i)(1) of title 10, United States Code,
21 is amended by striking ‘‘1,970’’ and inserting ‘‘1,800’’.
22 (b) A–10 MINIMUM INVENTORY REQUIREMENTS.—
23 (1) Section 134(d) of the National Defense Au-
24 thorization Act for Fiscal Year 2017 (Public Law
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
97
1 114–328; 130 Stat. 2038) is amended by striking
2 ‘‘171’’ and inserting ‘‘153’’.
3 (2) Section 142(b)(2) of the National Defense
4 Authorization Act for Fiscal Year 2016 (Public Law
5 114–92; 129 Stat. 755 ) is amended by striking ‘‘171’’
6 and inserting ‘‘153’’.
7 (c) MODIFICATION OF LIMITATION ON AVAILABILITY
8 OF FUNDS FOR DESTRUCTION OF A–10 AIRCRAFT IN STOR-
9 AGE STATUS.—Section 135(a) of the National Defense Au-
10 thorization Act for Fiscal Year 2017 (Public Law 114–328;
11 130 Stat. 2039) is amended by striking ‘‘the report required
12 under section 134(e)(2)’’ and inserting ‘‘a report that in-
13 cludes the information described in section 134(e)(2)(C)’’.
14 SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELAT-
15 ING TO AIR REFUELING TANKER AIRCRAFT.
16 (a) MINIMUM INVENTORY REQUIREMENT FOR AIR RE-
17 FUELING TANKER AIRCRAFT.—Section 9062(j) of title 10,
18 United States Code, is amended—
19 (1) by striking ‘‘effective October 1, 2019,’’; and
20 (2) by striking ‘‘479’’ each place it appears and
21 inserting ‘‘466’’.
22 (b) REPEAL OF LIMITATION ON RETIREMENT OF KC–
23 135 AIRCRAFT.—Section 137 of the National Defense Au-
24 thorization Act for Fiscal Year 2022 (Public Law 117–81;
25 135 Stat. 1576) is amended—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00097 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
98
1 (1) by striking subsection (b); and
2 (2) by redesignating subsections (c) and (d) as
3 subsections (b) and (c), respectively.
4 (c) MINIMUM NUMBER OF AIR REFUELING TANKER
5 AIRCRAFT IN PMAI OF THE AIR FORCE.—Section 135(a)
6 of the William M. (Mac) Thornberry National Defense Au-
7 thorization Act for Fiscal Year 2021 (Public Law 116–283;
8 134 Stat. 3431) is amended by striking ‘‘412’’ and inserting
9 ‘‘400’’.
10 (d) PROHIBITION ON REDUCTION OF KC–135 AIR-
11 CRAFT IN PMAI OF THE RESERVE COMPONENTS.—
12 (1) IN GENERAL.—None of the funds authorized
13 to be appropriated by this Act or otherwise made
14 available for fiscal year 2023 for the Air Force may
15 be obligated or expended to reduce, by more than 12
16 aircraft, the number of KC–135 aircraft designated as
17 primary mission aircraft inventory within the reserve
18 components of the Air Force.
19 (2) PRIMARY MISSION AIRCRAFT INVENTORY DE-
20 FINED.—In this subsection, the term ‘‘primary mis-
21 sion aircraft inventory’’ has the meaning given that
22 term in section 9062(i)(2)(B) of title 10, United
23 States Code.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
99
1 SEC. 143. REQUIREMENTS RELATING TO F–22 AIRCRAFT.
2 (a) LIMITATIONS AND MINIMUM INVENTORY REQUIRE-
3 MENTS.—Section 9062 of title 10, United States Code, is
4 amended by adding at the end the following new subsection:
5 ‘‘(k)(1) During the period beginning on the date of the
6 enactment of the National Defense Authorization Act for
7 Fiscal Year 2023 and ending on September 30, 2027, the
8 Secretary of the Air Force may not—
9 ‘‘(A) retire an F–22 aircraft;
10 ‘‘(B) reduce funding for unit personnel or weap-
11 on system sustainment activities for F–22 aircraft in
12 a manner that presumes future congressional author-
13 ity to divest such aircraft;
14 ‘‘(C) keep an F–22 aircraft in a status consid-
15 ered excess to the requirements of the possessing com-
16 mand and awaiting disposition instructions (com-
17 monly referred to as ‘XJ’ status); or
18 ‘‘(D) decrease the total aircraft inventory of F–
19 22 aircraft below 184 aircraft.
20 ‘‘(2) The prohibition under paragraph (1) shall not
21 apply to individual F–22 aircraft that the Secretary of the
22 Air Force determines, on a case-by-case basis, to be no
23 longer mission capable and uneconomical to repair because
24 of aircraft accidents, mishaps, or excessive material deg-
25 radation and non-airworthiness status of certain aircraft.’’.
26 (b) REPORT REQUIRED.—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
100
1 (1) IN GENERAL.—Not later than 180 days after
2 the date of the enactment of this Act, the Secretary of
3 the Air Force shall submit to the congressional defense
4 committees a report that includes a strategy and exe-
5 cution plan, approved by the Secretary, for con-
6 ducting formal training for F–22 aircrews to ensure
7 that combat capability, capacity, and availability at
8 all F–22 operational units is not degraded.
9 (2) ELEMENTS.—The strategy and execution
10 plan under paragraph (1) shall—
11 (A) address how the Air Force will avoid—
12 (i) diminishing the combat effectiveness
13 of all block variants of F–22 aircraft;
14 (ii) exacerbating F–22 aircraft avail-
15 ability concerns; and
16 (iii) complicating F–22 aircraft squad-
17 ron maintenance operations; and
18 (B) include the plan of the Secretary for—
19 (i) the basing of 184 F–22 aircraft;
20 and
21 (ii) the reestablishment of one or more
22 F–22 formal training units, including—
23 (I) the planned location of such
24 units;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
101
1 (II) the planned schedule for the
2 reestablishment of such units; and
3 (III) and the number of F–22 air-
4 craft that are expected to be assigned to
5 such units.
6 (c) COMPTROLLER GENERAL AUDIT.—
7 (1) AUDIT REQUIRED.—The Comptroller General
8 of the United States shall conduct an audit to assess
9 and validate data and information relating to—
10 (A) the events and activities that would be
11 necessary to upgrade Block 20 F–22 aircraft to
12 a capability configuration comparable to or ex-
13 ceeding the existing or planned configuration of
14 Block 30/35 F–22 aircraft;
15 (B) the estimated costs of such upgrades;
16 and
17 (C) a schedule of milestones for such up-
18 grades.
19 (2) AVAILABILITY OF INFORMATION.—At the re-
20 quest of the Comptroller General, the Secretary of the
21 Air Force shall promptly provide to the Comptroller
22 General any data or other information that may be
23 needed to conduct the audit under paragraph (1), in-
24 cluding any data or information it may be necessary
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
102
1 to obtain from the original equipment manufacturer
2 of the F–22 aircraft.
3 (3) BRIEFING.—Not later than April 15, 2023,
4 the Comptroller General shall provide to the congres-
5 sional defense committees a briefing on the progress
6 and any preliminary results of the audit conducted
7 under paragraph (1).
8 (4) REPORT.—Following the briefing under
9 paragraph (3), at such time as is mutually agreed
10 upon by the congressional defense committees and the
11 Comptroller General, the Comptroller General shall
12 submit to the congressional defense committees a re-
13 port on the final results of the audit conducted under
14 paragraph (1).
15 SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION
16 ON CERTAIN REDUCTIONS TO B–1 BOMBER
17 AIRCRAFT SQUADRONS.
18 Section 133(b) of the National Defense Authorization
19 Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
20 1574) is amended by striking ‘‘an individual unit’’ and in-
21 serting ‘‘a bomb wing’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
103
1 SEC. 145. REPEAL OF AIR FORCE E–8C FORCE PRESEN-
2 TATION REQUIREMENT.
3 Section 147 of the John S. McCain National Defense
4 Authorization Act for Fiscal Year 2019 (Public Law 115–
5 232; 132 Stat. 1669) is amended by striking subsection (f).
6 SEC. 146. MINIMUM INVENTORY OF C–130 AIRCRAFT.
7 (a) MINIMUM INVENTORY REQUIREMENT.—
8 (1) IN GENERAL.—During the covered period, the
9 Secretary of the Air Force shall maintain a total in-
10 ventory of C–130 aircraft of not less than 271 air-
11 craft.
12 (2) EXCEPTION.—The Secretary of the Air Force
13 may reduce the number of C–130 aircraft in the Air
14 Force below the minimum number specified in para-
15 graph (1) if the Secretary determines, on a case-by-
16 case basis, that an aircraft is no longer mission capa-
17 ble because of a mishap or other damage.
18 (3) COVERED PERIOD DEFINED.—In this sub-
19 section, the term ‘‘covered period’’ means the period—
20 (A) beginning at the close of the period de-
21 scribed in section 138(c) of the National Defense
22 Authorization Act for Fiscal Year 2022 (Public
23 Law 117–81; 135 Stat. 1577); and
24 (B) ending on September 30, 2023.
25 (b) PROHIBITION ON REDUCTION OF C–130 AIRCRAFT
26 ASSIGNED TO NATIONAL GUARD.—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00103 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
104
1 (1) IN GENERAL.—During fiscal year 2023, the
2 Secretary of the Air Force may not reduce the total
3 number of C–130 aircraft assigned to the National
4 Guard below the number so assigned as of the date of
5 the enactment of this Act.
6 (2) EXCEPTION.—The prohibition under para-
7 graph (1) shall not apply to an individual C–130
8 aircraft that the Secretary of the Air Force deter-
9 mines, on a case-by-case basis, to be no longer mission
10 capable because of a mishap or other damage.
11 SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR
12 RETIREMENT OF C–40 AIRCRAFT.
13 (a) PROHIBITION.—None of the funds authorized to be
14 appropriated by this Act or otherwise made available for
15 fiscal year 2023 for the Air Force may be obligated or ex-
16 pended to retire, prepare to retire, or place in storage or
17 on backup aircraft inventory status any C–40 aircraft.
18 (b) EXCEPTION.—
19 (1) IN GENERAL.—The limitation under sub-
20 section (a) shall not apply to an individual C–40 air-
21 craft that the Secretary of the Air Force determines,
22 on a case-by-case basis, to be no longer mission capa-
23 ble because of a Class A mishap.
24 (2) CERTIFICATION REQUIRED.—If the Secretary
25 determines under paragraph (1) that an aircraft is
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
105
1 no longer mission capable, the Secretary shall submit
2 to the congressional defense committees a certification
3 that the status of such aircraft is due to a Class A
4 mishap and not due to lack of maintenance or repairs
5 or other reasons.
6 SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR
7 TERMINATION OF PRODUCTION LINES FOR
8 HH–60W AIRCRAFT.
9 None of the funds authorized to be appropriated by this
10 Act or otherwise made available for fiscal year 2023 for the
11 Air Force may be obligated or expended to terminate the
12 operations of, or to prepare to terminate the operations of,
13 a production line for HH–60W Combat Rescue Helicopters.
14 SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO IN-
15 VENTORY OF E–3 AIRBORNE WARNING AND
16 CONTROL SYSTEM AIRCRAFT.
17 (a) PROHIBITION.—Except as provided in subsections
18 (b) and (c), none of the funds authorized to be appropriated
19 by this Act or otherwise made available for fiscal year 2023
20 for the Air Force may be obligated or expended to retire,
21 prepare to retire, or place in storage or in backup aircraft
22 inventory any E–3 aircraft if such actions would reduce
23 the total aircraft inventory for such aircraft below 26.
24 (b) EXCEPTION FOR ACQUISITION STRATEGY.—If the
25 Secretary of the Air Force submits to the congressional de-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
106
1 fense committees an acquisition strategy for the E–7
2 Wedgetail aircraft approved by the Service Acquisition Ex-
3 ecutive of the Air Force, the prohibition under subsection
4 (a) shall not apply to actions taken to reduce the total air-
5 craft inventory for E–3 aircraft to 21 after the date on
6 which the strategy is so submitted.
7 (c) EXCEPTION FOR CONTRACT AWARD.—If the Sec-
8 retary of the Air Force awards a contract for the E–7
9 Wedgetail aircraft, the prohibition under subsection (a)
10 shall not apply to actions taken to reduce the total aircraft
11 inventory for E–3 aircraft to 18 after the date on which
12 such contact is so awarded.
13 (d) DESIGNATION AS PRIMARY TRAINING AIRCRAFT
14 INVENTORY.—The Secretary of the Air Force shall designate
15 two E–3 aircraft as Primary Training Aircraft Inventory.
16 SEC. 150. LIMITATION ON DIVESTMENT OF F–15 AIRCRAFT.
17 (a) LIMITATION.—Beginning on October 1, 2023, the
18 Secretary of the Air Force may not divest, or prepare to
19 divest, any covered F–15 aircraft until a period of 180 days
20 has elapsed following the date on which the Secretary sub-
21 mits the report required under subsection (b).
22 (b) REPORT REQUIRED.—The Secretary of the Air
23 Force shall submit to the congressional defense committees
24 a report on the following:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
107
1 (1) Any plans of the Secretary to divest covered
2 F–15 aircraft during the period covered by the most
3 recent future-years defense program submitted to Con-
4 gress under section 221 of title 10, United States
5 Code, including—
6 (A) a description of each proposed divest-
7 ment by fiscal year and location;
8 (B) an explanation of the anticipated effects
9 of such divestments on the missions, personnel,
10 force structure, and budgeting of the Air Force;
11 (C) a description of the actions the Sec-
12 retary intends to carry out—
13 (i) to mitigate any negative effects
14 identified under subparagraph (B); and
15 (ii) to modify or replace the missions
16 and capabilities of any units and military
17 installations affected by such divestments;
18 and
19 (D) an assessment of how such divestments
20 may affect the ability of the Air Force to main-
21 tain minimum tactical aircraft inventories.
22 (2) Any plans of the Secretary to procure covered
23 F–15 aircraft.
24 (3) Any specific plans of the Secretary to deviate
25 from procurement of new F–15EX aircraft as articu-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
108
1 lated by the validated requirements contained in Air
2 Force Requirements Decision Memorandum, dated
3 February 1, 2019, regarding F–15EX Rapid Fielding
4 Requirements Document, dated January 16, 2019.
5 (c) COVERED F–15 AIRCRAFT DEFINED.—In this sec-
6 tion, the term ‘‘covered F–15 aircraft’’ means the following:
7 (1) F–15C aircraft.
8 (2) F–15D aircraft.
9 (3) F–15E aircraft.
10 (4) F–15EX aircraft.
11 SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION
12 SEATS FOR CERTAIN T–38A AIRCRAFT.
13 The Secretary of the Air Force is authorized to procure
14 upgraded ejection seats for—
15 (1) all T–38A aircraft of the Air Force Global
16 Strike Command that have not received an upgraded
17 ejection seat under the T–38 Ejection Seat Upgrade
18 Program; and
19 (2) all T–38A aircraft of the Air Combat Com-
20 mand that have not received an upgraded ejection
21 seat as part of such Program.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00108 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
109
1 SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MIS-
2 SION OPERATIONS PLATFORM FOR THE
3 SPACE FORCE.
4 (a) PROCUREMENT AUTHORITY.—The Secretary of the
5 Air Force is authorized to enter into one or more contracts
6 for the procurement of a digital mission operations plat-
7 form for the Space Force.
8 (b) REQUIRED CAPABILITIES.—A digital mission op-
9 erations platform procured under subsection (a) shall in-
10 clude the following capabilities:
11 (1) The platform shall be capable of providing
12 systems operators with the ability to analyze system
13 performance in a simulated mission environment.
14 (2) The platform shall enable collaboration
15 among such operators in an integrated, physics-based
16 environment.
17 SEC. 153. DIGITAL TRANSFORMATION COMMERCIAL SOFT-
18 WARE ACQUISITION.
19 (a) PROCUREMENT AUTHORITY.—The Secretary of the
20 Air Force may enter into one or more contracts for the pro-
21 curement of commercial digital engineering and software
22 tools to meet the digital transformation goals and objectives
23 of the Department of the Air Force.
24 (b) INCLUSION OF PROGRAM ELEMENT IN BUDGET
25 MATERIALS.—In the materials submitted by the Secretary
26 of the Air Force in support of the budget of the President
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
110
1 for fiscal year 2024 (as submitted to Congress pursuant to
2 section 1105 of title 31, United States Code), the Secretary
3 shall include a program element dedicated to the procure-
4 ment and management of the commercial digital engineer-
5 ing and software tools described in subsection (a).
6 (c) REVIEW.—In carrying out subsection (a), the Sec-
7 retary of the Air Force shall—
8 (1) review the market for commercial digital en-
9 gineering and software tools; and
10 (2) conduct research on providers of commercial
11 software capabilities that have the potential to expe-
12 dite the progress of digital engineering initiatives
13 across the weapon system enterprise, with a par-
14 ticular focus on capabilities that have the potential to
15 generate significant life-cycle cost savings, streamline
16 and accelerate weapon system acquisition, and pro-
17 vide data-driven approaches to inform investments by
18 the Department of the Air Force.
19 (d) REPORT.—Not later than March 1, 2023, the Sec-
20 retary of the Air Force shall submit to the congressional
21 defense committees a report that includes—
22 (1) an analysis of specific digital engineering
23 and software tool capability manufacturers that de-
24 liver high mission impact with broad reach into the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
111
1 weapon system enterprise of the Department of the
2 Air Force; and
3 (2) a prioritized list of programs and offices of
4 the Department of the Air Force that could better uti-
5 lize commercial digital engineering and software tools
6 and opportunities for the implementation of such dig-
7 ital engineering and software tool capabilities within
8 the Department.
9 SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE
10 COMBAT SEARCH AND RESCUE MISSION OF
11 THE AIR FORCE.
12 (a) REQUIREMENTS STUDY.—
13 (1) IN GENERAL.—The Secretary of the Air
14 Force shall conduct a study to determine the require-
15 ments for the combat search and rescue mission of the
16 Air Force in support of the objectives of the National
17 Defense Strategy.
18 (2) ELEMENTS.—The study under paragraph (1)
19 shall include the following:
20 (A) Identification of anticipated combat
21 search and rescue mission requirements nec-
22 essary to meet the objectives of the most recent
23 National Defense Strategy, including—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
112
1 (i) requirements for short-term, mid-
2 term, and long-term contingency and
3 steady-state operations against adversaries;
4 (ii) requirements under the Agile Com-
5 bat Employment operational scheme of the
6 Air Force;
7 (iii) requirements relating to regions
8 and specific geographic areas that are ex-
9 pected to have a need for combat search and
10 rescue forces based on the combat-relevant
11 range and penetration capability of United
12 States air assets and associated weapon sys-
13 tems; and
14 (iv) the level of operational risk associ-
15 ated with each likely requirement and sce-
16 nario.
17 (B) An assessment of the rotary, tilt, and
18 fixed wing aircraft and key combat search and
19 rescue enabling capabilities that—
20 (i) are needed to meet the requirements
21 identified under subparagraph (A); and
22 (ii) have been accounted for in the
23 budget of the Air Force as of the date of the
24 study.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
113
1 (C) Identification of any combat search and
2 rescue capability gaps, including an assessment
3 of—
4 (i) whether and to what extent such
5 gaps may affect the ability of the Air Force
6 to conduct combat search and rescue oper-
7 ations;
8 (ii) any capability gaps that may be
9 created by procuring fewer HH–60W air-
10 craft than planned under the program of
11 record, including any expected changes to
12 the plan for fielding such aircraft for active,
13 reserve, and National Guard units; and
14 (iii) any capability gaps attributable
15 to unfunded requirements.
16 (D) Identification and assessment of key
17 current, emerging, and future technologies with
18 potential application to the combat search and
19 rescue mission, including electric vertical takeoff
20 and landing, unmanned aerial systems, armed
21 air launched effects or similar armed capabili-
22 ties, electric short take-off and landing, or a com-
23 bination of such technologies.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
114
1 (E) An assessment of each technology iden-
2 tified under subparagraph (D), including (as ap-
3 plicable) an assessment of—
4 (i) technology maturity;
5 (ii) suitability to the combat search
6 and rescue mission;
7 (iii) range;
8 (iv) speed;
9 (v) payload capability and capacity;
10 (vi) radio frequency and infrared sig-
11 natures;
12 (vii) operational conditions required
13 for the use of such technology, such as run-
14 way availability;
15 (viii) survivability;
16 (ix) lethality;
17 (x) potential to support combat mis-
18 sions other than combat search and rescue;
19 and
20 (xi) estimated cost.
21 (3) SUBMITTAL TO CONGRESS.—
22 (A) IN GENERAL.—Not later than April 30,
23 2023, the Secretary of the Air Force shall submit
24 to the Committees on Armed Services of the Sen-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00114 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
115
1 ate and the House of Representatives a report on
2 the results of the study under paragraph (1).
3 (B) FORM.—The report required under sub-
4 paragraph (A) shall be submitted in unclassified
5 form, but may include a classified annex.
6 (b) STRATEGY REQUIRED.—
7 (1) IN GENERAL.—Based on the results of the
8 study conducted under subsection (a), the Secretary of
9 the Air Force shall develop a strategy to meet the re-
10 quirements identified under such study.
11 (2) ELEMENTS.—The strategy under paragraph
12 (1) shall include—
13 (A) A prioritized list of the capabilities
14 needed to meet the requirements identified under
15 subsection (a).
16 (B) The estimated costs of such capabilities,
17 including—
18 (i) any amounts already budgeted for
19 such capabilities as of the date of the strat-
20 egy, including amounts already budgeted
21 for emerging and future technologies; and
22 (ii) any amounts not already budgeted
23 for such capabilities as of such date.
24 (C) An estimate of the date by which the ca-
25 pability is expected to become operational.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
116
1 (D) A description of any requirements iden-
2 tified under subsection (a) that the Secretary of
3 the Air Force does not expect to meet as part of
4 the strategy and an explanation of the reasons
5 such requirements cannot be met.
6 (3) SUBMITTAL TO CONGRESS.—
7 (A) IN GENERAL.—Not later than July 30,
8 2023, the Secretary of the Air Force shall submit
9 to the Committees on Armed Services of the Sen-
10 ate and the House of Representatives a report on
11 the strategy developed under paragraph (1).
12 (B) FORM.—The report required under sub-
13 paragraph (A) shall be submitted in unclassified
14 form, but may include a classified annex.
15 SEC. 155. PLAN FOR TRANSFER OF KC–135 AIRCRAFT TO
16 THE AIR NATIONAL GUARD.
17 (a) PLAN REQUIRED.—The Secretary of the Air Force
18 shall develop a plan to transfer covered KC–135 aircraft
19 to air refueling wings of the Air National Guard that are
20 classic associations with active duty units of the Air Force.
21 (b) BRIEFING.—Not later than 120 days after the date
22 of the enactment of this Act, the Secretary of the Air Force
23 shall provide to the Committees on Armed Services of the
24 Senate and the House of Representatives a briefing on the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
117
1 plan developed under subsection (a). The briefing shall in-
2 clude an explanation of—
3 (1) the effects the plan is expected to have on—
4 (A) the aerial refueling capability of the De-
5 partment of Defense; and
6 (B) personnel; and
7 (2) any costs associated with the plan.
8 (c) DEFINITIONS.—In this section:
9 (1) The term ‘‘covered KC–135 aircraft’’ means
10 a KC–135 aircraft that the Secretary of the Air Force
11 is in the process of replacing with a KC–46A aircraft.
12 (2) The term ‘‘classic association’’ means a
13 structure under which a regular Air Force unit re-
14 tains principal responsibility for an aircraft and
15 shares the aircraft with one or more reserve compo-
16 nent units.
17 SEC. 156. ANNUAL REPORTS ON T–7A ADVANCED PILOT
18 TRAINING SYSTEM.
19 (a) ANNUAL REPORT.—Not later than March 1, 2023,
20 and annually thereafter through 2028, the Assistant Sec-
21 retary of the Air Force for Acquisition, Technology, and Lo-
22 gistics shall submit to the Committees on Armed Services
23 of the Senate and the House of Representatives a report on
24 the acquisition efforts of the Air Force with respect to the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
118
1 T–7A Advanced Pilot Training System (including any as-
2 sociated aircraft and ground training systems).
3 (b) ELEMENTS.—Each report under subsection (a)
4 shall include the following:
5 (1) An overview of the Assistant Secretary’s ac-
6 quisition strategy for the T–7 Advanced Pilot Train-
7 ing System, including the current status of the acqui-
8 sition strategy as of the date of the report.
9 (2) The cost and schedule estimates for the T–7
10 Advanced Pilot Training System program.
11 (3) In the case of the initial report under this
12 section, the key performance parameters or the equiv-
13 alent requirements for the program. In the case of
14 subsequent reports, any key performance parameters
15 or the equivalent requirements for the program that
16 have changed since the submission of the previous re-
17 port under this section.
18 (4) The test and evaluation master plan for the
19 program.
20 (5) With respect to the testing program events
21 completed in the year covered by the report—
22 (A) the completion date of each event;
23 (B) a summary of the event, including iden-
24 tification of—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
119
1 (i) the quantity of data points evalu-
2 ated and subsequently considered complete
3 and validated; and
4 (ii) the quantity of data points evalu-
5 ated that remain incomplete or unvalidated
6 and requiring further testing.
7 (6) The logistics and sustainment strategy for
8 the program and a description of any activities car-
9 ried out to implement such strategy as of the date of
10 the report.
11 (7) An explanation of—
12 (A) the causes of any engineering, manufac-
13 turing, development, testing, production, deliv-
14 ery, acceptance, and fielding delays incurred by
15 the program as of the date of the report;
16 (B) the effects of such delays; and
17 (C) any subsequent efforts to address such
18 delays.
19 (8) The post-production aircraft basing and
20 fielding strategy for the program.
21 (9) Any other matters regarding the acquisition
22 of the T–7 Advanced Pilot Training System that the
23 Assistant Secretary determines to be of critical impor-
24 tance to the long-term viability of the program.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
120
1 Subtitle E—Defense-wide, Joint,
2 and Multiservice Matters
3 SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED
4 COMMERCIAL DUAL-USE PARTS IN CERTAIN
5 AIRCRAFT AND ENGINES.
6 (a) IN GENERAL.—Not later than 180 days after the
7 date of the enactment of this Act, the Secretary of the Air
8 Force, with respect to the Air Force, and the Secretary of
9 the Navy, with respect to the Navy, shall develop and imple-
10 ment processes and procedures for—
11 (1) the acquisition of used, overhauled, recondi-
12 tioned, and remanufactured commercial dual-use
13 parts; and
14 (2) the use of such commercial dual-use parts in
15 all—
16 (A) commercial derivative aircraft and en-
17 gines; and
18 (B) aircraft used by the Air Force or Navy
19 that are based on the design of commercial prod-
20 ucts.
21 (b) PROCUREMENT OF PARTS.—The processes and pro-
22 cedures implemented under subsection (a) shall provide that
23 commercial dual-use parts shall be acquired—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00120 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
121
1 (1) pursuant to competitive procedures (as de-
2 fined in section 3012 of title 10, United States Code);
3 and
4 (2) only from suppliers that provide parts that
5 possess an Authorized Release Certificate Federal
6 Aviation Administration Form 8130-3 Airworthy Ap-
7 proval Tag from a certified repair station pursuant
8 to part 145 of title 14, Code of Federal Regulations.
9 (c) DEFINITIONS.—In this section:
10 (1) COMMERCIAL DERIVATIVE.—The term ‘‘com-
11 mercial derivative’’ means an item procured by the
12 Department of Defense that is or was produced using
13 the same or similar production facilities, a common
14 supply chain, and the same or similar production
15 processes that are used for the production of the item
16 as predominantly used by the general public or by
17 nongovernmental entities for purposes other than gov-
18 ernmental purposes.
19 (2) COMMERCIAL DUAL-USE PART.—The term
20 ‘‘commercial dual-use part’’ means a product that
21 is—
22 (A) a commercial product;
23 (B) dual-use;
24 (C) described in subsection (b)(2); and
25 (D) not a life-limited part.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00121 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
122
1 (3) COMMERCIAL PRODUCT.—The term ‘‘commer-
2 cial product’’ has the meaning given such term in sec-
3 tion 103 of title 41, United States Code.
4 (4) DUAL-USE.—The term ‘‘dual-use’’ has the
5 meaning given such term in section 4801 of title 10,
6 United States Code.
7 SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CA-
8 PABILITIES TO COUNTER THREATS POSED BY
9 UNMANNED AERIAL SYSTEM SWARMS.
10 (a) ASSESSMENT, ANALYSIS, AND REVIEW.—The Sec-
11 retary of Defense shall conduct—
12 (1) an assessment of the threats posed by un-
13 manned aerial system swarms and unmanned aerial
14 systems with swarm capabilities to installations and
15 deployed Armed Forces;
16 (2) an analysis of the use or potential use of un-
17 manned aerial system swarms by adversaries, includ-
18 ing the People’s Republic of China, the Russian Fed-
19 eration, the Islamic Republic of Iran, the Democratic
20 People’s Republic of North Korea, and non-state ac-
21 tors;
22 (3) an analysis of the national security implica-
23 tions of swarming technologies such as autonomous
24 intelligence and machine learning;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
123
1 (4) a review of the capabilities used by the De-
2 partment of Defense to counter threats posed by un-
3 manned aerial systems and an assessment of the effec-
4 tiveness of such capabilities at countering the threat
5 of unmanned aerial system swarms; and
6 (5) an overview of the efforts of the Department
7 of Defense to develop and field test technologies that
8 offer scalable, modular, and rapidly deployable capa-
9 bilities with the ability to counter unmanned aerial
10 system swarms.
11 (b) STRATEGY DEVELOPMENT AND IMPLEMENTATION
12 REQUIRED.—
13 (1) IN GENERAL.—The Secretary of Defense shall
14 develop and implement a strategy to field capabilities
15 to counter threats posed by unmanned aerial system
16 swarms.
17 (2) ELEMENTS.—The strategy required by para-
18 graph (1) shall include the following:
19 (A) The development of a comprehensive
20 definition of ‘‘unmanned aerial system swarm’’.
21 (B) A plan to establish and incorporate re-
22 quirements for the development, testing, and
23 fielding of technologies and capabilities to
24 counter unmanned aerial system swarms.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00123 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
124
1 (C) A plan to acquire and field adequate
2 capabilities to counter unmanned aerial system
3 swarms in defense of the Armed Forces, infra-
4 structure, and other assets of the United States
5 across land, air, and maritime domains.
6 (D) An estimate of the resources needed by
7 each Armed Force to implement the strategy.
8 (E) An analysis, determination, and
9 prioritization of legislative action required to en-
10 sure the Department of Defense has the ability to
11 counter the threats posed by unmanned aerial
12 system swarms.
13 (F) Such other matters as the Secretary de-
14 termines to be relevant to the strategy.
15 (3) INCORPORATION INTO EXISTING STRATEGY.—
16 The Secretary of Defense may incorporate the strategy
17 required by paragraph (1) into a comprehensive
18 strategy of the Department of Defense to counter the
19 threat of unmanned aerial systems.
20 (c) INFORMATION TO CONGRESS.—Not later than 270
21 days after the date of the enactment of this Act, the Sec-
22 retary of Defense shall submit to the congressional defense
23 committees a report on—
24 (1) the findings of the Secretary under subsection
25 (a); and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00124 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
125
1 (2) the strategy developed and implemented by
2 the Secretary under subsection (b).
3 SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY
4 WING AIRCRAFT INDUSTRIAL BASE.
5 (a) ASSESSMENT REQUIRED.—The Under Secretary of
6 Defense for Acquisition and Sustainment, in coordination
7 with the Secretaries of the Army, Navy, and Air Force, shall
8 conduct an assessment of the military rotary wing aircraft
9 industrial base.
10 (b) ELEMENTS.—The assessment under subsection (a)
11 shall include the following:
12 (1)(A) Identification of each rotary wing aircraft
13 program of the Department of Defense that is in the
14 research and development or procurement phase.
15 (B) A description of any platform-specific or ca-
16 pability-specific facility or workforce technical skill
17 requirements necessary for each program identified
18 under subparagraph (A).
19 (2) Identification of—
20 (A) the rotary wing aircraft capabilities of
21 each Armed Force anticipated for programming
22 beyond the period covered by the most recent fu-
23 ture-years defense program submitted to Con-
24 gress under section 221 of title 10, United States
25 Code (as of the date of the assessment); and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00125 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
126
1 (B) the technologies, facilities, and work-
2 force skills necessary for the development of such
3 capabilities.
4 (3) An assessment of the military industrial base
5 capacity and skills that are available (as of the date
6 of the assessment) to design and manufacture the
7 platforms and capabilities identified under para-
8 graphs (1) and (2) and a list of any gaps in such ca-
9 pacity and skills.
10 (4)(A) Identification of each component, sub-
11 component, or equipment supplier in the military ro-
12 tary wing aircraft industrial base that is the sole
13 source within such industrial base from which that
14 component, subcomponent, or equipment may be ob-
15 tained.
16 (B) An assessment of any risk resulting from the
17 lack of other suppliers for such components, sub-
18 components, or equipment.
19 (5) Analysis of the likelihood of future consolida-
20 tion, contraction, or expansion, within the rotary
21 wing aircraft industrial base, including—
22 (A) identification of the most probable sce-
23 narios with respect to such consolidation, con-
24 traction, or expansion; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
127
1 (B) an assessment of how each such scenario
2 may affect the ability of the Armed Forces to ac-
3 quire military rotary wing aircraft in the fu-
4 ture, including any effects on the cost and sched-
5 ule of such acquisitions.
6 (6) Such other matters the Under Secretary of
7 Defense for Acquisition and Sustainment determines
8 appropriate.
9 (c) REPORT.—Not later than June 1, 2023, the Under
10 Secretary of Defense for Acquisition and Sustainment shall
11 submit to the congressional defense committees a report that
12 includes—
13 (1) the results of the assessment conducted under
14 subsection (a); and
15 (2) based on such results, recommendations for
16 reducing any risks identified with respect to the mili-
17 tary rotary wing aircraft industrial base.
18 (d) ROTARY WING AIRCRAFT DEFINED.—In this sec-
19 tion, the term ‘‘rotary wing aircraft’’ includes rotary wing
20 and tiltrotor aircraft.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
128
1 SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO
2 MODERNIZE THE PROPULSION, POWER, AND
3 THERMAL MANAGEMENT SYSTEMS OF F–35
4 AIRCRAFT.
5 (a) AUDIT REQUIRED.—The Comptroller General of
6 the United States shall conduct an audit of the efforts of
7 the Department of Defense to modernize the propulsion,
8 power, and thermal management systems of F–35 aircraft.
9 (b) ELEMENTS.—The audit conducted under sub-
10 section (a) shall include the following:
11 (1) An evaluation of the results of the business-
12 case analysis conducted by the Director of the F–35
13 Joint Program Office, in which the Director assessed
14 options to modernize the propulsion, power, and ther-
15 mal management systems of the F–35 aircraft.
16 (2) An assessment of the costs associated with
17 each modernization option assessed in the business-
18 case analysis described in paragraph (1), including
19 any costs associated with development, production,
20 retrofit, integration, and installation of the option
21 (including any aircraft modifications required to ac-
22 commodate such option), and an assessment of the
23 sustainment infrastructure requirements associated
24 with that option for each variant of F–35 aircraft.
25 (3) An assessment of the progress made by the
26 prototype engines developed under the Adaptive En-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
129
1 gine Transition Program and the development and
2 testing status of the other modernization options as-
3 sessed in the business-case analysis described in para-
4 graph (1).
5 (4) An assessment of the timeline associated with
6 modernizing the propulsion, power, and thermal
7 management systems of F–35 aircraft to meet the ca-
8 pability performance requirements of the full Block 4
9 suite upgrade planned for each variant of such air-
10 craft.
11 (5) An assessment of the costs associated with
12 modernizing the propulsion, power, and thermal
13 management systems of F–35 aircraft to meet the ca-
14 pability performance requirements of the full Block 4
15 suite upgrade planned for each variant of such air-
16 craft.
17 (6) An assessment of the potential effects of each
18 modernization option assessed in the business-case
19 analysis described in paragraph (1) on life-cycle
20 sustainment costs and the costs of spare parts for F–
21 35 aircraft, including any participatory effects on
22 international partners and foreign military sales cus-
23 tomers.
24 (c) BRIEFING.—Not later than February 28, 2023, the
25 Comptroller General shall provide to the congressional de-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
130
1 fense committees a briefing on the preliminary results of
2 the audit conducted under subsection (a).
3 (d) REPORT.—Following the briefing under subsection
4 (c), at such time as is mutually agreed upon by the congres-
5 sional defense committees and the Comptroller General, the
6 Comptroller General shall submit to the congressional de-
7 fense committees a report on the final results of the audit
8 conducted under subsection (a), including the findings of
9 the Comptroller General with respect to each element speci-
10 fied in subsection (b).
11 TITLE II—RESEARCH, DEVELOP-
12 MENT, TEST, AND EVALUA-
13 TION
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 authority.
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 En-
gineering in personnel management authority to attract experts
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 war-
fare 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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00130 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
131
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 inno-
vation at institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding defense
research capacity at historically Black colleges and universities
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 ap-
proaches 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 Fellow-
ship 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 informa-
tion technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation re-
sources supporting certain major defense acquisition programs.
1 Subtitle A—Authorization of
2 Appropriations
3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
4 Funds are hereby authorized to be appropriated for fis-
5 cal year 2023 for the use of the Department of Defense for
6 research, development, test, and evaluation, as specified in
7 the funding table in section 4201.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
132
1 Subtitle B—Program Requirements,
2 Restrictions, and Limitations
3 SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND
4 DEVELOPMENT PROJECT AUTHORITY.
5 (a) IN GENERAL.—Section 2350a(a)(2) of title 10,
6 United States Code, is amended by adding at the end the
7 following:
8 ‘‘(F) The European Union, including the Euro-
9 pean Defence Agency, the European Commission, and
10 the Council of the European Union, and their sub-
11 organizations.’’.
12 (c) CONFORMING REGULATIONS.—Not later than 120
13 days after the date of the enactment of this Act, the Sec-
14 retary of Defense shall revise the Department of Defense
15 Supplement to the Federal Acquisition Regulation to con-
16 form with section 2350a of title 10, United States Code,
17 as amended by subsection (a).
18 SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL
19 WITH PRINCIPAL RESPONSIBILITY FOR ARTI-
20 FICIAL INTELLIGENCE AND MACHINE LEARN-
21 ING.
22 (a) PERSONNEL MANAGEMENT AUTHORITY TO AT-
23 TRACT EXPERTS IN SCIENCE AND ENGINEERING.—Section
24 4092 of title 10, United States Code, is amended—
25 (1) in subsection (a)(6)—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00132 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
133
1 (A) by striking ‘‘Director of the Joint Arti-
2 ficial Intelligence Center’’ and inserting ‘‘official
3 designated under section 238(b) of the John S.
4 McCain National Defense Authorization Act for
5 Fiscal Year 2019 (Public Law 115–232)’’;
6 (B) by striking ‘‘for the Center’’ and insert-
7 ing ‘‘to support the activities of such official
8 under section 238 of such Act’’; and
9 (C) in the paragraph heading, by striking
10 ‘‘Center’’;
11 (2) in subsection (b)(1)(F)—
12 (A) by striking ‘‘Joint Artificial Intelligence
13 Center’’ and inserting ‘‘office of the official des-
14 ignated under section 238(b) of the John S.
15 McCain National Defense Authorization Act for
16 Fiscal Year 2019 (Public Law 115–232)’’; and
17 (B) by striking ‘‘in the Center’’ and insert-
18 ing ‘‘in support of the activities of such official
19 under section 238 of such Act’’; and
20 (3) in subsection (c)(2), by striking ‘‘Joint Arti-
21 ficial Intelligence Center’’ and inserting ‘‘the activi-
22 ties under section 238 of the John S. McCain Na-
23 tional Defense Authorization Act for Fiscal Year 2019
24 (Public Law 115–232)’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00133 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
134
1 (b) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICA-
2 TIONS AND ESTABLISHMENT OF PERFORMANCE
3 METRICS.—Section 226(b) of the National Defense Author-
4 ization Act for Fiscal Year 2022 (Public Law 117–81; 10
5 U.S.C. 4001 note) is amended—
6 (1) in paragraph (3), by striking ‘‘Director of
7 the Joint Artificial Intelligence Center’’ and inserting
8 ‘‘official designated under subsection (b) of section
9 238 of the John S. McCain National Defense Author-
10 ization Act for Fiscal Year 2019 (Public Law 115–
11 232; 10 U.S.C. note prec. 4061)’’;
12 (2) in paragraph (4), by striking ‘‘Director of
13 the Joint Artificial Intelligence Center’’ and inserting
14 ‘‘official designated under subsection (b) of section
15 238 of the John S. McCain National Defense Author-
16 ization Act for Fiscal Year 2019 (Public Law 115–
17 232; 10 U.S.C. note prec. 4061)’’; and
18 (3) in paragraph (5), by striking ‘‘Director of
19 the Joint Artificial Intelligence Center’’ and inserting
20 ‘‘official designated under subsection (b) of section
21 238 of the John S. McCain National Defense Author-
22 ization Act for Fiscal Year 2019 (Public Law 115–
23 232; 10 U.S.C. note prec. 4061)’’.
24 (c) MODIFICATION OF THE JOINT COMMON FOUNDA-
25 TION PROGRAM.—Section 227(a) of the National Defense
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00134 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
135
1 Authorization Act for Fiscal Year 2022 (Public Law 117–
2 81; 10 U.S.C. 4001 note) is amended by striking ‘‘Joint
3 Artificial Intelligence Center’’ and inserting ‘‘the office of
4 the official designated under subsection (b) of section 238
5 of the John S. McCain National Defense Authorization Act
6 for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note
7 prec. 4061)’’.
8 (d) PILOT PROGRAM ON DATA REPOSITORIES TO FA-
9 CILITATE THE DEVELOPMENT OF ARTIFICIAL INTEL-
10 LIGENCE CAPABILITIES FOR THE DEPARTMENT OF DE-
11 FENSE.—Section 232 of the National Defense Authorization
12 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
13 4001 note) is amended—
14 (1) in the section heading, by striking ‘‘PILOT
15 PROGRAM ON DATA REPOSITORIES’’ and insert-
16 ing ‘‘DATA REPOSITORIES’’;
17 (2) by amending subsection (a) to read as fol-
18 lows:
19 ‘‘(a) ESTABLISHMENT OF DATA REPOSITORIES.—The
20 Secretary of Defense, acting through the official designated
21 under subsection (b) of section 238 of the John S. McCain
22 National Defense Authorization Act for Fiscal Year 2019
23 (Public Law 115–232; 10 U.S.C. note prec. 4061) (and such
24 other officials as the Secretary determines appropriate),
25 shall—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00135 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
136
1 ‘‘(1) establish data repositories containing De-
2 partment of Defense data sets relevant to the develop-
3 ment of artificial intelligence software and technology;
4 and
5 ‘‘(2) allow appropriate public and private sector
6 organizations to access such data repositories for the
7 purpose of developing improved artificial intelligence
8 and machine learning software capabilities that may,
9 as determined appropriate by the Secretary, be pro-
10 cured by the Department to satisfy Department re-
11 quirements and technology development goals.’’;
12 (3) in subsection (b), by striking ‘‘If the Sec-
13 retary of Defense carries out the pilot program under
14 subsection (a), the data repositories established under
15 the program’’ and inserting ‘‘The data repositories es-
16 tablished under subsection (a)’’; and
17 (4) by amending subsection (c) to read as fol-
18 lows:
19 ‘‘(c) BRIEFING.—Not later than July 1, 2023, the Sec-
20 retary of Defense shall provide to the congressional defense
21 committees a briefing on—
22 ‘‘(1) the types of information the Secretary deter-
23 mines are feasible and advisable to include in the
24 data repositories established under subsection (a); and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
137
1 ‘‘(2) the progress of the Secretary in establishing
2 such data repositories.’’.
3 (e) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN
4 AND WORKING GROUP.—Section 1531(d)(2)(C) of the Na-
5 tional Defense Authorization Act for Fiscal Year 2022 (Pub-
6 lic Law 117–81; 135 Stat. 2051) is amended by striking
7 ‘‘The Joint Artificial Intelligence Center (JAIC)’’ and in-
8 serting ‘‘The office of the official designated under sub-
9 section (b) of section 238 of the John S. McCain National
10 Defense Authorization Act for Fiscal Year 2019 (Public
11 Law 115–232; 10 U.S.C. note prec. 4061)’’.
12 (f) BOARD OF ADVISORS FOR THE OFFICE OF THE
13 SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR
14 ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.—
15 Section 233 of the William M. (Mac) Thornberry National
16 Defense Authorization Act for Fiscal Year 2021 (Public
17 Law 116–283; 10 U.S.C. 4001 note) is amended—
18 (1) in the section heading, by striking ‘‘JOINT
19 ARTIFICIAL INTELLIGENCE CENTER’’ and insert-
20 ing ‘‘OFFICE OF THE SENIOR OFFICIAL WITH
21 PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
22 INTELLIGENCE AND MACHINE LEARNING’’;
23 (2) in subsection (a), by striking ‘‘Joint Artifi-
24 cial Intelligence Center’’ and inserting ‘‘office of the
25 official designated under subsection (b) of section 238
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00137 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
138
1 of the John S. McCain National Defense Authoriza-
2 tion Act for Fiscal Year 2019 (Public Law 115–232;
3 10 U.S.C. note prec. 4061) (referred to in this section
4 as the ‘Official’)’’;
5 (3) in subsection (b), by striking ‘‘Director’’ each
6 place in appears and inserting ‘‘Official’’;
7 (4) in subsection (f), by striking ‘‘September 30,
8 2024’’ and inserting ‘‘September 30, 2026’’; and
9 (5) in subsection (g)—
10 (A) by striking paragraphs (2) and (3); and
11 (B) by redesignating paragraph (4) as
12 paragraph (2).
13 (g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO
14 THE DEFENSE REFORM PILLAR IN THE NATIONAL DE-
15 FENSE STRATEGY.—Section 234(b) of the William M. (Mac)
16 Thornberry National Defense Authorization Act for Fiscal
17 Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) is
18 amended by striking ‘‘Director of the Joint Artificial Intel-
19 ligence Center’’ and inserting ‘‘official designated under sec-
20 tion 238(b) of the John S. McCain National Defense Au-
21 thorization Act for Fiscal Year 2019 (Public Law 115–232;
22 10 U.S.C. note prec. 4061)’’.
23 (h) PILOT PROGRAM ON THE USE OF ELECTRONIC
24 PORTFOLIOS TO EVALUATE CERTAIN APPLICANTS FOR
25 TECHNICAL POSITIONS.—Section 247(c) of the William M.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00138 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
139
1 (Mac) Thornberry National Defense Authorization Act for
2 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. note
3 prec. 1580) is amended—
4 (1) in paragraph (1), by striking ‘‘the Joint Ar-
5 tificial Intelligence Center’’ and inserting ‘‘the office
6 of the official designated under subsection (b) of sec-
7 tion 238 of the John S. McCain National Defense Au-
8 thorization Act for Fiscal Year 2019 (Public Law
9 115–232; 10 U.S.C. note prec. 4061)’’;
10 (2) by striking paragraph (2); and
11 (3) by redesignating paragraphs (3) and (4) as
12 paragraphs (2) and (3), respectively.
13 (i) ACQUISITION AUTHORITY OF THE DIRECTOR OF
14 THE JOINT ARTIFICIAL INTELLIGENCE CENTER.—Section
15 808 the William M. (Mac) Thornberry National Defense
16 Authorization Act for Fiscal Year 2021 (Public Law 116–
17 283; 10 U.S.C. 4001 note) is amended—
18 (1) in the section heading, by striking ‘‘THE DI-
19 RECTOR OF THE JOINT ARTIFICIAL INTEL-
20 LIGENCE CENTER’’ and inserting ‘‘THE SENIOR
21 OFFICIAL WITH PRINCIPAL RESPONSIBILITY
22 FOR ARTIFICIAL INTELLIGENCE AND MACHINE
23 LEARNING’’;
24 (2) in subsection (a)—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00139 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
140
1 (A) by striking ‘‘the Director of the Joint
2 Artificial Intelligence Center’’ and inserting ‘‘the
3 official designated under subsection (b) of section
4 238 of the John S. McCain National Defense Au-
5 thorization Act for Fiscal Year 2019 (Public
6 Law 115–232; 10 U.S.C. note prec. 4061) (re-
7 ferred to in this section as the ‘Official’)’’; and
8 (B) by striking ‘‘the Center’’ and inserting
9 ‘‘the office of such official (referred to in this sec-
10 tion as the ‘Office’)’’;
11 (3) in subsection (b)—
12 (A) in the subsection heading, by striking
13 ‘‘JAIC’’;
14 (B) in paragraph (1)—
15 (i) in the matter preceding subpara-
16 graph (A),
17 (I) by striking ‘‘staff of the Direc-
18 tor’’ and inserting ‘‘staff of the Offi-
19 cial’’; and
20 (II) by striking ‘‘the Director of
21 the Center’’ and inserting ‘‘such Offi-
22 cial’’;
23 (ii) in subparagraph (A), by striking
24 ‘‘the Center’’ and inserting ‘‘the Office’’;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00140 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
141
1 (iii) in subparagraph (B), by striking
2 ‘‘the Center’’ and inserting ‘‘the Office’’;
3 (iv) in subparagraph (C), by striking
4 ‘‘the Center’’ each place it appears and in-
5 serting ‘‘the Office’’; and
6 (v) in subparagraph (D), by striking
7 ‘‘the Center’’ each place it appears and in-
8 serting ‘‘the Office’’; and
9 (C) in paragraph (2)—
10 (i) by striking ‘‘the Center’’ and insert-
11 ing ‘‘the Office’’; and
12 (ii) by striking ‘‘the Director’’ and in-
13 serting ‘‘the Official’’;
14 (4) in subsection (c)(1)—
15 (A) by striking ‘‘the Center’’ and inserting
16 ‘‘the Office’’; and
17 (B) by striking ‘‘the Director’’ and inserting
18 ‘‘the Official’’;
19 (5) in subsection (d), by striking ‘‘the Director’’
20 and inserting ‘‘the Official’’;
21 (6) in subsection (e)—
22 (A) in paragraph (2)—
23 (i) in subparagraph (B), by striking
24 ‘‘Center missions’’ and inserting ‘‘the mis-
25 sions of the Office’’; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00141 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
142
1 (ii) in subparagraph (D), by striking
2 ‘‘the Center’’ and inserting ‘‘the Office’’;
3 and
4 (B) in paragraph (3), by striking ‘‘the Cen-
5 ter’’ and inserting ‘‘the Office’’;
6 (7) in subsection (f), by striking ‘‘the Director’’
7 and inserting ‘‘the Official’’; and
8 (8) in subsection (g)—
9 (A) by striking paragraphs (1) and (3); and
10 (B) by redesignating paragraphs (4) and
11 (5) as paragraphs (1) and (2), respectively.
12 (j) BIANNUAL REPORT ON OFFICE OF THE SENIOR OF-
13 FICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
14 INTELLIGENCE AND MACHINE LEARNING.—Section 260 of
15 the National Defense Authorization Act for Fiscal Year
16 2020 (Public Law 116–92) is amended—
17 (1) in the section heading, by striking ‘‘JOINT
18 ARTIFICIAL INTELLIGENCE CENTER’’ and insert-
19 ing ‘‘OFFICE OF THE SENIOR OFFICIAL WITH
20 PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
21 INTELLIGENCE AND MACHINE LEARNING’’;
22 (2) in subsection (a)—
23 (A) by striking ‘‘2023’’ and inserting
24 ‘‘2026’’; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00142 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
143
1 (B) by striking ‘‘the Joint Artificial Intel-
2 ligence Center (referred to in this section as the
3 ‘Center’)’’ and inserting ‘‘the office of the official
4 designated under subsection (b) of section 238 of
5 the John S. McCain National Defense Authoriza-
6 tion Act for Fiscal Year 2019 (Public Law 115–
7 232; 10 U.S.C. note prec. 4061) (referred to in
8 this section as the ‘Office’)’’;
9 (3) in subsection (b)—
10 (A) by striking ‘‘Center’’ each place it ap-
11 pears and inserting ‘‘Office’’;
12 (B) in paragraph (2), by striking ‘‘the Na-
13 tional Mission Initiatives, Component Mission
14 Initiatives, and any other initiatives’’ and in-
15 serting ‘‘any initiatives’’; and
16 (C) in paragraph (7), by striking ‘‘the Cen-
17 ter’s investments in the National Mission Initia-
18 tives and Component Mission Initiatives’’ and
19 inserting ‘‘the Office’s investments in its initia-
20 tives and other activities’’; and
21 (4) by striking subsection (c).
22 (k) CHIEF DATA OFFICER RESPONSIBILITY FOR DE-
23 PARTMENT OF DEFENSE DATA SETS.—Section 903(b) of the
24 National Defense Authorization Act for Fiscal Year 2020
25 (Public Law 116–92; 10 U.S.C. 2223 note) is amended—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00143 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
144
1 (1) by striking paragraph (3); and
2 (2) by redesignating paragraph (4) as para-
3 graph (3).
4 (l) JOINT ARTIFICIAL INTELLIGENCE RESEARCH, DE-
5 VELOPMENT, AND TRANSITION ACTIVITIES.—Section 238 of
6 the John S. McCain National Defense Authorization Act for
7 Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note
8 prec. 4061) is amended—
9 (1) by amending subsection (c) to read as fol-
10 lows:
11 ‘‘(c) ORGANIZATION AND ROLES.—
12 ‘‘(1) IN GENERAL.—In addition to designating
13 an official under subsection (b), the Secretary of De-
14 fense shall assign to appropriate officials within the
15 Department of Defense roles and responsibilities relat-
16 ing to the research, development, prototyping, testing,
17 procurement of, requirements for, and operational use
18 of artificial intelligence technologies.
19 ‘‘(2) APPROPRIATE OFFICIALS.—The officials as-
20 signed roles and responsibilities under paragraph (1)
21 shall include—
22 ‘‘(A) the Under Secretary of Defense for Re-
23 search and Engineering;
24 ‘‘(B) the Under Secretary of Defense for Ac-
25 quisition and Sustainment;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00144 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
145
1 ‘‘(C) one or more officials in each military
2 department;
3 ‘‘(D) officials of appropriate Defense Agen-
4 cies; and
5 ‘‘(E) such other officials as the Secretary of
6 Defense determines appropriate.’’;
7 (2) in subsection (e), by striking ‘‘Director of the
8 Joint Artificial Intelligence Center’’ and inserting
9 ‘‘official designated under subsection (b)’’; and
10 (3) by striking subsection (h).
11 (m) REFERENCES.—Any reference in any law, regula-
12 tion, guidance, instruction, or other document of the Fed-
13 eral Government to the Director of the Joint Artificial In-
14 telligence Center of the Department of Defense or to the
15 Joint Artificial Intelligence Center shall be deemed to refer
16 to the official designated under section 238(b) of the John
17 S. McCain National Defense Authorization Act for Fiscal
18 Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061)
19 or the office of such official, as the case may be.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
146
1 SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF
2 DEFENSE FOR RESEARCH AND ENGINEERING
3 IN PERSONNEL MANAGEMENT AUTHORITY TO
4 ATTRACT EXPERTS IN SCIENCE AND ENGI-
5 NEERING.
6 Section 4092 of title 10, United States Code, is amend-
7 ed—
8 (1) in subsection (a), by adding at the end the
9 following new paragraph:
10 ‘‘(10) OFFICE OF THE UNDER SECRETARY OF
11 DEFENSE FOR RESEARCH AND ENGINEERING.—The
12 Under Secretary of Defense for Research and Engi-
13 neering may carry out a program of personnel man-
14 agement authority provided in subsection (b) in order
15 to facilitate recruitment of eminent experts in science
16 or engineering for the Office of the Under Secretary.’’;
17 and
18 (2) in subsection (b)(1)—
19 (A) in subparagraph (H), by striking ‘‘;
20 and’’ and inserting a semicolon;
21 (B) in subparagraph (I), by striking the
22 semicolon and inserting ‘‘; and’’; and
23 (C) by adding at the end the following new
24 subparagraph:
25 ‘‘(J) in the case of the Office of the Under
26 Secretary of Defense for Research and Engineer-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00146 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
147
1 ing, appoint scientists and engineers to a total
2 of not more than 10 scientific and engineering
3 positions in the Office;’’.
4 SEC. 214. MODIFICATION OF LIMITATION ON CANCELLA-
5 TION OF DESIGNATION OF EXECUTIVE AGENT
6 FOR A CERTAIN DEFENSE PRODUCTION ACT
7 PROGRAM.
8 Section 226 of the National Defense Authorization Act
9 for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1335)
10 is amended—
11 (1) by redesignating subsection (e) as subsection
12 (f); and
13 (2) by inserting after subsection (d) the following
14 new subsection:
15 ‘‘(e) DESIGNATION OF OTHER EXECUTIVE AGENTS.—
16 Notwithstanding the requirements of this section or section
17 1792 of the John S. McCain National Defense Authoriza-
18 tion Act for Fiscal Year 2019 (50 U.S.C. 4531 note), the
19 Secretary of Defense may designate one or more Executive
20 Agents within the Department of Defense (other than the
21 Executive Agent described in subsection (a)) to implement
22 Defense Production Act transactions entered into under the
23 authority of sections 4021, 4022, and 4023 of title 10,
24 United States Code.’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00147 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
148
1 SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF
2 BIOINDUSTRIAL MANUFACTURING PROC-
3 ESSES.
4 (a) AUTHORIZATION.—Subject to the availability of
5 appropriations, the Secretary of Defense shall provide sup-
6 port for the development of a network of bioindustrial man-
7 ufacturing facilities to conduct research and development
8 to improve the ability of the industrial base to assess, vali-
9 date, and scale new, innovative bioindustrial manufac-
10 turing processes for the production of chemicals, materials,
11 and other products necessary to support national security
12 or secure fragile supply chains.
13 (b) FORM OF SUPPORT.—The support provided under
14 subsection (a) may consist of—
15 (1) providing funding to one or more existing fa-
16 cilities or the establishment of new facilities—
17 (A) to support the research and development
18 of bioindustrial manufacturing processes; or
19 (B) to otherwise expand the bioindustrial
20 manufacturing capabilities of such facilities;
21 (2) the establishment of dedicated facilities with-
22 in one or more bioindustrial manufacturing facilities
23 to serve as regional hubs for the research, develop-
24 ment, and the scaling of bioindustrial manufacturing
25 processes and products to higher levels of production;
26 or
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00148 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
149
1 (3) designating a bioindustrial manufacturing
2 facility to serve as the lead entity responsible for inte-
3 grating a network of pilot and intermediate scale bio-
4 industrial manufacturing facilities.
5 (c) ACTIVITIES.—A facility that receives support
6 under subsection (a) shall carry out activities relating to
7 the research, development, test, and evaluation of innovative
8 bioindustrial manufacturing processes and the scaling of
9 bioindustrial manufacturing products to higher levels of
10 production, which may include—
11 (1) research on the use of bioindustrial manufac-
12 turing to create materials such as polymers, coatings,
13 resins, commodity chemicals, and other materials
14 with fragile supply chains;
15 (2) demonstration projects to evaluate bioindus-
16 trial manufacturing processes and technologies;
17 (3) activities to scale bioindustrial
18 manufacuring processes and products to higher levels
19 of production;
20 (4) strategic planning for infrastructure and
21 equipment investments for bioindustrial manufac-
22 turing of defense-related materials;
23 (5) analyses of bioindustrial manufactured prod-
24 ucts and validation of the application of biological
25 material used as input to new and existing processes
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00149 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
150
1 to aid in future investment strategies and the security
2 of critical supply chains;
3 (6) the selection, construction, and operation of
4 pilot and intermediate scale bioindustrial manufac-
5 turing facilities;
6 (7) development and management of a network
7 of facilities to scale production of bioindustrial prod-
8 ucts;
9 (8) activities to address workforce needs in bio-
10 industrial manufacturing;
11 (9) establishing an interoperable, secure, digital
12 infrastructure for collaborative data exchange across
13 entities in the bioindustrial manufacturing commu-
14 nity, including government agencies, industry, and
15 academia;
16 (10) developing and implementing digital tools,
17 process security and assurance capabilities, cybersecu-
18 rity protocols, and best practices for data storage,
19 sharing and analysis; and
20 (11) such other activities as the Secretary of De-
21 fense determines appropriate.
22 (d) CONSIDERATIONS.—In determining the number,
23 type, and location of facilities to support under subsection
24 (a), the Secretary of Defense shall consider—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00150 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
151
1 (1) how the facilities may complement each other
2 or increase production levels by functioning together
3 as a network;
4 (2) how to geographically distribute support to
5 such facilities—
6 (A) to maximize access to biological mate-
7 rial needed as an input to bioindustrial manu-
8 facturing processes;
9 (B) to leverage available industrial and
10 academic expertise, including workforce and
11 human capital;
12 (C) to leverage relevant domestic infrastruc-
13 ture required to secure supply chains for chemi-
14 cals and other materials;
15 (D) to leverage access to venture capital and
16 private sector finance expertise and funding in-
17 struments; and
18 (E) to complement the capabilities of simi-
19 lar facilities; and
20 (3) how the activities supported under this sec-
21 tion can be coordinated with relevant activities of
22 other departments and agencies of the Federal Gov-
23 ernment.
24 (e) INITIAL CONCEPT PLAN REQUIRED.—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00151 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
152
1 (1) IN GENERAL.—Not later than 180 days after
2 the date of the enactment of this Act, the Secretary of
3 Defense shall submit to the congressional defense com-
4 mittees and the National Security Commission on
5 Emerging Biotechnology an initial concept plan for
6 the implementation of this section that includes—
7 (A) an assessment of capacity scaling needs
8 to determine if, and what type of, additional bio-
9 industrial manufacturing facilities may be need-
10 ed to meet the needs of the Department of De-
11 fense;
12 (B) a description of types, relative sizes,
13 and locations of the facilities the Secretary in-
14 tends to establish or support under this section;
15 (C) a general description of the focus of
16 each facility, including the types of bioindustrial
17 manufacturing equipment, if any, that are ex-
18 pected to be procured for each such facility;
19 (D) a general description of how the facili-
20 ties will work as a network to maximize the di-
21 versity of bioindustrial products available to be
22 produced by the network;
23 (E) an explanation of how the network will
24 support the establishment and maintenance of
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00152 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
153
1 the bioindustrial manufacturing industrial base;
2 and
3 (F) an explanation of how the Secretary in-
4 tends to ensure that bioindustrial manufacturing
5 activities conducted under this section are mod-
6 ernized digitally, including through—
7 (i) the use of data automation to rep-
8 resent processes and products as models and
9 simulations; and
10 (ii) the implementation of measures to
11 address cybersecurity and process assurance
12 concerns.
13 (2) BRIEFINGS.—Not later than 180 days after
14 the date of the submittal of the plan under paragraph
15 (1), and annually thereafter for five years, the Sec-
16 retary of Defense shall provide to the congressional
17 defense committees a briefing on the Secretary’s
18 progress in implementing the plan.
19 (f) BIOINDUSTRIAL MANUFACTURING DEFINED.—In
20 this section, the term ‘‘bioindustrial manufacturing’’ means
21 the use of living organisms, cells, tissues, enzymes, or cell-
22 free systems to produce materials and products for non-
23 pharmaceutical applications.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00153 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
154
1 SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING
2 CAPACITY UPGRADES TO SUPPORT CRITICAL
3 HYPERSONIC WEAPONS DEVELOPMENT.
4 (a) IN GENERAL.—Subject to the availability of appro-
5 priations for such purpose, the Secretary of the Air Force
6 shall carry out activities to upgrade testing facilities of the
7 Department of the Air Force that support the development
8 of critical hypersonic weapons that—
9 (1) use air-breathing or rocket booster capabili-
10 ties; and
11 (2) are expected to operate in sea-level or high-
12 altitude operational domains.
13 (b) TIMELINE FOR COMPLETION.—The Secretary of the
14 Air Force shall seek to complete any upgrade under sub-
15 section (a), subject to availability of appropriations for
16 such upgrade, not later than 24 months after the upgrade
17 is commenced.
18 SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS
19 AND TESTS OF ELECTROMAGNETIC WARFARE
20 TECHNOLOGY.
21 (a) DEMONSTRATIONS AND TESTS REQUIRED.—Not
22 later than 270 days after the date of the enactment of this
23 Act, the Director of the Air Force Rapid Capabilities Office,
24 in coordination with the Air Force Life Cycle Management
25 Center, shall select one or more qualified entities under com-
26 petitive processes to conduct demonstrations and tests of
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
155
1 commercial electronics technology to determine whether
2 technology currently exists that could enable the following
3 electromagnetic warfare capabilities:
4 (1) The operation of multiple emitters and re-
5 ceivers in the same frequency at the same time and
6 in the same location without mutual interference and
7 without using adaptive beam forming or nulling.
8 (2) Protecting the reception of Global Positioning
9 System and other vulnerable low-power signals from
10 multiple high-power jammers at a level that is sig-
11 nificantly better than the protection afforded by con-
12 trolled reception pattern antennas.
13 (3) Simultaneous transmission from and recep-
14 tion of separate signals on the same platform wherein
15 the signals lie in the same frequency and are trans-
16 mitted and received at the same time without inter-
17 ference.
18 (4) Capabilities similar those described in para-
19 graphs (1) through (3) in a live, virtual constructive
20 simulation environment.
21 (5) Other capabilities that might satisfy or sup-
22 port needs set forth in the Electromagnetic Spectrum
23 Superiority Strategy Implementation Plan released
24 on August 5, 2021.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
156
1 (b) OVERSIGHT OF TESTS.—The Director of Oper-
2 ational Test and Evaluation shall—
3 (1) provide oversight of the demonstrations and
4 tests required by subsection (a);
5 (2) review other applicable government or com-
6 mercial demonstrations and tests; and
7 (3) not later than 30 days after the completion
8 of the demonstrations and tests under subsection (a),
9 advise the Chief Information Officer of the Depart-
10 ment of Defense, the Under Secretary of Defense for
11 Research and Engineering, and the Under Secretary
12 of Defense for Acquisition and Sustainment of the
13 outcomes of the demonstrations and tests.
14 (c) OUTCOME-BASED ACTIONS REQUIRED.—If the Di-
15 rector of Operational Test and Evaluation and the Director
16 of the Air Force Rapid Capabilities Office affirm that the
17 demonstrations and tests under subsection (a) confirm that
18 certain commercial electronics technology could enable one
19 or more of the capabilities described in such subsection—
20 (1) not later than 45 days after the conclusion
21 of the tests under subsection (a), the Director of the
22 Air Force Rapid Capabilities Office and the Director
23 of Operational Test and Evaluation shall jointly pro-
24 vide to the congressional defense committees a briefing
25 on the outcomes of the tests;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00156 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
157
1 (2) the Director of the Air Force Rapid Capa-
2 bilities Office may begin engineering form, fit, and
3 function development and integration to incorporate
4 technologies demonstrated and tested under subsection
5 (a) into specific Department of Defense platforms and
6 applications; and
7 (3) not later than 90 days after the conclusion
8 of the tests under subsection (a), the Director of the
9 Air Force Rapid Capabilities Office, the Chief Infor-
10 mation Officer, the Under Secretary of Defense for
11 Research and Engineering, and the Under Secretary
12 of Defense for Acquisition and Sustainment shall
13 jointly provide to the congressional defense committees
14 a briefing on any plans of the Department of Defense
15 to further develop and deploy the technologies dem-
16 onstrated and tested under subsection (a) to support
17 the Electromagnetic Spectrum Superiority Strategy
18 Implementation Plan released on August 5, 2021.
19 (d) COMPETITIVENESS REQUIREMENTS.—A decision to
20 commit, obligate, or expend funds for the purposes outlined
21 in this section shall be based on merit-based selection proce-
22 dures in accordance with the requirements of sections
23 3201(e) and 4024 of title 10, United States Code, or on
24 competitive procedures.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00157 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
158
1 (e) COMMERCIAL ELECTRONICS TECHNOLOGY DE-
2 FINED.—The term ‘‘commercial electronics technology’’
3 means electronics technology that is—
4 (1) a commercial component (as defined in sec-
5 tion 102 of title 41, United States Code);
6 (2) a commercial product (as defined in section
7 103 such title);
8 (3) a commercial service (as defined in section
9 103a of such title); or
10 (4) a commercially available off-the-shelf item
11 (as defined in section 104 of such title).
12 SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR AP-
13 PLICATIONS PROGRAM.
14 (a) RESOURCE SPONSORS.—
15 (1) IN GENERAL.—The Commander of Naval Air
16 Systems Command and the Director of Air Warfare
17 shall jointly serve as the resource sponsors for the Ad-
18 vanced Sensor Applications Program (commonly
19 known as ‘‘ASAP’’ and in this section referred to as
20 the ‘‘Program’’).
21 (2) RESPONSIBILITIES.—The resource sponsors of
22 the Program shall be responsible for the following:
23 (A) Developing budget requests relating to
24 the Program.
25 (B) Establishing priorities for the Program.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00158 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
159
1 (C) Approving the execution of funding and
2 projects for the Program.
3 (D) Coordination and joint planning with
4 external stakeholders in matters relating to the
5 Program.
6 (b) LIMITATIONS.—Only the Secretary of the Navy, the
7 Under Secretary of the Navy, and the Commander of Naval
8 Air Systems Command may—
9 (1) provide direction and management for the
10 Program;
11 (2) set priorities for the Program;
12 (3) regulate or limit the information available or
13 accessible to the Program;
14 (4) edit reports or findings generated under the
15 Program; or
16 (5) coordinate and manage interactions of the
17 Program with external stakeholders.
18 (c) AUTHORITY FOR PROGRAM MANAGER.—The pro-
19 gram manager for the Program may access, consider, act
20 on, and apply information, at all levels of classification and
21 from all sources and organizations, that is pertinent to the
22 projects and activities that the Program is executing, or
23 considering proposing for the future.
24 (d) QUARTERLY BRIEFINGS.—Not less frequently than
25 once every three months, the program manager for the Pro-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00159 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
160
1 gram shall provide to the congressional defense committees
2 and congressional intelligence committees (as defined in sec-
3 tion 3 of the National Security Act of 1947 (50 U.S.C.
4 3003)) a briefing on all aspects of the Program, including
5 on the status of—
6 (1) the implementation of this section;
7 (2) the implementation of other congressional di-
8 rectives relating to the Program; and
9 (3) any direction and oversight of the Program
10 exercised by the Commander of Naval Air Systems
11 Command, the Secretary of the Navy, or the Under
12 Secretary of the Navy.
13 (e) STRATEGIC RELATIONSHIP.—The program man-
14 ager for the Program shall evaluate the feasibility and ad-
15 visability of establishing a strategic relationship with the
16 Naval Research Laboratory pursuant to which the Labora-
17 tory provides scientific and technical assistance and sup-
18 port for the Program.
19 (f) USE OF ASSETS.—The Commander of Naval Air
20 Systems Command shall take all actions the Commander
21 considers reasonable—
22 (1) to enable the Program to use assets controlled
23 within the Naval Air Systems Command enterprise,
24 including sensor systems and platforms; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00160 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
161
1 (2) to pursue the use of other assets that may
2 further the mission of the Program.
3 (g) TERMINATION.—This section shall have no force or
4 effect after September 30, 2027.
5 SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SE-
6 CURITY OF MICROELECTRONICS.
7 (a) DEVELOPMENT AND IMPLEMENTATION OF CAPA-
8 BILITY.—The Secretary of Defense shall develop and imple-
9 ment a capability for quantifiable assurance to achieve
10 practical, affordable, and risk-based objectives for security
11 of microelectronics to enable the Department of Defense to
12 access and apply state-of-the-art microelectronics for mili-
13 tary purposes.
14 (b) ESTABLISHMENT OF REQUIREMENTS AND SCHED-
15 ULE OF SUPPORT FOR DEVELOPMENT, TEST, AND ASSESS-
16 MENT.—
17 (1) IN GENERAL.—Not later than 90 days after
18 the date of the enactment of this Act, the Deputy Sec-
19 retary of Defense shall, in consultation with the
20 Under Secretary of Defense for Research and Engi-
21 neering, establish requirements and a schedule for
22 support from the National Security Agency to de-
23 velop, test, assess, implement, and improve the capa-
24 bility required by subsection (a).
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00161 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
162
1 (2) NATIONAL SECURITY AGENCY.—The Director
2 of the National Security Agency shall take such ac-
3 tions as may be necessary to satisfy the requirements
4 established under paragraph (1).
5 (3) BRIEFING.—Not later than 120 days after
6 the date of the enactment of this Act, the Under Sec-
7 retary of Defense for Research and Engineering and
8 the Director of the National Security Agency shall
9 jointly provide the congressional defense committees a
10 briefing on the requirements and the schedule for sup-
11 port established under paragraph (1).
12 (c) ASSESSMENT.—
13 (1) IN GENERAL.—The Secretary of Defense shall
14 assess whether the Department of Defense, to enable
15 expanded use of unprogrammed application specific
16 integrated circuits or other custom-designed inte-
17 grated circuits manufactured by a supplier that is
18 not using processes accredited by the Defense Micro-
19 electronics Activity for the purpose of enabling the
20 Department to access commercial state-of-the-art
21 microelectronics technology using risk-based quantifi-
22 able assurance security methodology, should—
23 (A) seek changes to the International Traffic
24 in Arms Regulations under subchapter M of
25 chapter I of title 22, Code of Federal Regula-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00162 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
163
1 tions, and Department of Defense Instruction
2 5200.44 (relating to protection of mission crit-
3 ical functions to achieve trusted systems and net-
4 works); and
5 (B) expand the use of unprogrammed cus-
6 tom-designed integrated circuits that are not
7 controlled by such regulations.
8 (2) BRIEFING.—Not later than April 1, 2023, the
9 Secretary of Defense shall provide the congressional
10 defense committees a briefing on the findings of the
11 Secretary with respect to the assessment conducted
12 under paragraph (1).
13 SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING
14 GROUP ON MICROELECTRONICS.
15 (a) ESTABLISHMENT AND DESIGNATION.—
16 (1) IN GENERAL.—Not later than 180 days after
17 the date of the enactment of this Act, the Secretary of
18 Defense shall establish a working group to facilitate
19 coordination among industry, academia, and the De-
20 partment of Defense on issues of mutual interest re-
21 lating to microelectronics as described in subsection
22 (c).
23 (2) DESIGNATION.—The working group estab-
24 lished under paragraph (1) shall be known as the
25 ‘‘Government-Industry-Academia Working Group on
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00163 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
164
1 Microelectronics’’ (referred to in this section as the
2 ‘‘Working Group’’).
3 (b) COMPOSITION.—The Working Group shall be com-
4 posed of representatives of organizations and elements of the
5 Department of Defense, industry, and academia.
6 (c) SCOPE.—The Secretary shall ensure that the Work-
7 ing Group supports dialogue and coordination among in-
8 dustry, academia, and the Department of Defense on the
9 following issues relating to microelectronics:
10 (1) Research needs.
11 (2) Infrastructure needs and shortfalls.
12 (3) Technical and process standards.
13 (4) Training and certification needs for the
14 workforce.
15 (5) Supply chain issues.
16 (6) Supply chain, manufacturing, and pack-
17 aging security.
18 (7) Technology transition issues and opportuni-
19 ties.
20 (d) CHARTER AND POLICIES.—Not later than March
21 1, 2023, the Secretary of Defense shall develop a charter
22 and issue policies for the functioning of the Working Group.
23 (e) ADMINISTRATIVE SUPPORT.—The joint federation
24 of capabilities established under section 937 of the National
25 Defense Authorization Act for Fiscal Year 2014 (Public
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
165
1 Law 113–66; 10 U.S.C. 2224 note) shall provide adminis-
2 trative support to the Working Group.
3 (f) RULE OF CONSTRUCTION.—Nothing in this section
4 shall be construed to allow the Department of Defense to
5 provide any competitive advantage to any participant in
6 the Working Group.
7 (g) SUNSET.—The provisions of this section shall ter-
8 minate on December 31, 2030.
9 SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS
10 BROADBAND INFRASTRUCTURE AT ALL MILI-
11 TARY INSTALLATIONS.
12 (a) TARGET REQUIRED.—Not later than July 30,
13 2023, the Secretary of Defense shall—
14 (1) establish a target date by which the Secretary
15 plans to deploy 5G wireless broadband infrastructure
16 at all military installations; and
17 (2) establish metrics, which shall be identical for
18 each of the military departments, to measure progress
19 toward reaching the target required by paragraph (1).
20 (b) ANNUAL REPORT.—Not later than December 31,
21 2023, and on an annual basis thereafter until the date spec-
22 ified in subsection (c), the Secretary of Defense shall submit
23 to the congressional defense committees a report that in-
24 cludes—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00165 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
166
1 (1) the metrics in use pursuant to subsection
2 (a)(2); and
3 (2) the progress of the Secretary in reaching the
4 target required by subsection (a)(1).
5 (c) TERMINATION.—The requirement to submit annual
6 reports under subsection (b) shall terminate on the date that
7 is five years after the date of the enactment of this Act.
8 SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES
9 AND UNIVERSITIES AND OTHER MINORITY-
10 SERVING INSTITUTIONS REGARDING NA-
11 TIONAL SECURITY INNOVATION NETWORK
12 PROGRAMS THAT PROMOTE ENTREPRENEUR-
13 SHIP AND INNOVATION AT INSTITUTIONS OF
14 HIGHER EDUCATION.
15 (a) PILOT PROGRAM.—The Under Secretary of Defense
16 for Research and Engineering, acting through the National
17 Security Innovation Network, may carry out a pilot pro-
18 gram under which the Under Secretary conducts activities,
19 including outreach and technical assistance, to better con-
20 nect historically Black colleges and universities and other
21 minority-serving institutions to the commercialization, in-
22 novation, and entrepreneurial activities of the Department
23 of Defense.
24 (b) BRIEFING.—Not later than one year after com-
25 mencing a pilot program under subsection (a), the Under
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00166 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
167
1 Secretary of Defense for Research and Engineering shall
2 provide to the congressional defense committees a briefing
3 on the program, including—
4 (1) an explanation of—
5 (A) the results of any outreach efforts con-
6 ducted under the pilot program;
7 (B) the success of the pilot program in ex-
8 panding National Security Innovation Network
9 programs to historically Black colleges and uni-
10 versities and other minority-serving institutions;
11 and
12 (C) any potential barriers to the expansion
13 of the pilot program; and
14 (2) recommendations for how the Department of
15 Defense can support historically Black colleges and
16 universities and other minority-serving institutions to
17 enable such institutions to successfully participate in
18 Department of Defense commercialization, innova-
19 tion, and entrepreneurship programs.
20 (c) TERMINATION.—The authority to carry out the
21 pilot program under subsection (a) shall terminate on the
22 date that is five years after the date of the enactment of
23 this Act.
24 (d) DEFINITIONS.—In this section:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
168
1 (1) The term ‘‘historically Black college or uni-
2 versity’’ means a part B institution (as defined in
3 section 322 of the Higher Education Act of 1965 (20
4 U.S.C. 1061)).
5 (2) The term ‘‘other minority-serving institu-
6 tion’’ means an institution of higher education speci-
7 fied in paragraphs (2) through (7) of section 371(a)
8 of the Higher Education Act of 1965 (20 U.S.C.
9 1067q(a)).
10 SEC. 223. REPORT AND PILOT PROGRAM BASED ON REC-
11 OMMENDATIONS REGARDING DEFENSE RE-
12 SEARCH CAPACITY AT HISTORICALLY BLACK
13 COLLEGES AND UNIVERSITIES AND OTHER
14 MINORITY-SERVING INSTITUTIONS.
15 (a) REPORT REQUIRED.—
16 (1) IN GENERAL.—Not later than 180 days after
17 the date of the enactment of this Act, the Secretary of
18 Defense shall submit to the congressional defense com-
19 mittees a report on the recommendations set forth in
20 the publication of the National Academies of Sciences,
21 Engineering, and Medicine titled ‘‘Defense Research
22 Capacity at Historically Black Colleges and Univer-
23 sities and Other Minority Institutions: Transitioning
24 from Good Intentions to Measurable Outcomes’’ and
25 dated April 28, 2022.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00168 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
169
1 (2) CONTENTS.—The report required under
2 paragraph (1) shall include the following:
3 (A) With respect to the recommendations
4 and subrecommendations set forth in the publi-
5 cation described in paragraph (1)—
6 (i) a description of each recommenda-
7 tion and subrecommendation the Secretary
8 has implemented as of the date of the report;
9 (ii) a description of each recommenda-
10 tion and subrecommendation the Secretary
11 has commenced implementing as of the date
12 of the report, including a justification for
13 determining to commence implementing the
14 recommendation; and
15 (iii) a description of each recommenda-
16 tion and subrecommendation the Secretary
17 has not implemented or commenced imple-
18 menting as of the date of the report and a
19 determination as to whether or not to im-
20 plement the recommendation.
21 (B) For each recommendation or sub-
22 recommendation the Secretary determines to im-
23 plement under subparagraph (A)(iii)—
24 (i) a timeline for implementation;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00169 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
170
1 (ii) a description of any additional re-
2 sources or authorities required for imple-
3 mentation; and
4 (iii) the plan for implementation.
5 (C) For each recommendation or sub-
6 recommendation the Secretary determines not to
7 implement under subparagraph (A)(iii), a jus-
8 tification for the determination not to implement
9 the recommendation.
10 (3) FORMAT.—The report required under para-
11 graph (1) shall be submitted in unclassified form, but
12 may include a classified annex.
13 (b) PROGRAM TO IMPLEMENT REPORT RECOMMENDA-
14 TIONS AND SUBRECOMMENDATIONS.—
15 (1) PROGRAM REQUIRED.—The Secretary of De-
16 fense shall establish and carry out a program (re-
17 ferred to in this subsection as the ‘‘Program’’) under
18 which the Secretary carries out activities to increase
19 the capacity of eligible institutions to achieve very
20 high research activity status.
21 (2) CONSIDERATIONS.—In establishing the Pro-
22 gram the Secretary shall consider—
23 (A) the recommendations and sub-
24 recommendations to be implemented under sub-
25 section (a);
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
171
1 (B) the extent of nascent research capabili-
2 ties and planned research capabilities at eligible
3 institutions and the relevance of those capabili-
4 ties to research areas of interest to the Depart-
5 ment of Defense;
6 (C) recommendations from previous studies
7 for increasing the level of research activity at eli-
8 gible institutions to very high research activity
9 status, including measurable milestones such as
10 growth in very high research activity status in-
11 dicators and other relevant factors;
12 (D) how institutions participating in the
13 Program will evaluate and assess progress to-
14 ward achieving very high research activity sta-
15 tus;
16 (E) how such institutions will sustain an
17 increased level of research activity after the Pro-
18 gram terminates; and
19 (F) reporting requirements for institutions
20 participating in the Program.
21 (3) CONSULTATION.—In designing the Program,
22 the Secretary may consult with the President’s Board
23 of Advisors on historically Black colleges and univer-
24 sities.
25 (4) PROGRAM ACTIVITIES.—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00171 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
172
1 (A) ACTIVITIES.—Under the Program, the
2 Secretary shall carry out activities to build the
3 capacity of eligible institutions to achieve very
4 high research activity status, which may in-
5 clude—
6 (i) activities to support—
7 (I) faculty professional develop-
8 ment;
9 (II) stipends for undergraduate
10 and graduate students and post-doc-
11 toral scholars;
12 (III) recruitment and retention of
13 faculty and graduate students;
14 (IV) the provision of laboratory
15 equipment and instrumentation;
16 (V) communication and dissemi-
17 nation of research products produced
18 during the Program;
19 (VI) construction, modernization,
20 rehabilitation, or retrofitting of facili-
21 ties for research purposes; and
22 (ii) such other activities as the Sec-
23 retary determines appropriate.
24 (B) IDENTIFICATION OF PRIORITY AREAS.—
25 The Secretary shall establish and update, on an
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00172 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
173
1 annual basis, a list of research priorities for
2 STEM and critical technologies appropriate for
3 the Program to assist eligible institutions in
4 identifying appropriate areas for research and
5 related activities.
6 (5) TERMINATION.—The Program shall termi-
7 nate 10 years after the date on which the Secretary
8 commences the Program.
9 (6) EVALUATION.—Not later than two years after
10 the date of the enactment of this Act and every two
11 years thereafter until the date on which the Program
12 terminates under paragraph (5), the Secretary shall
13 submit to the Committees on Armed Services of the
14 Senate and the House of Representatives a report pro-
15 viding an update on the Program, including—
16 (A) a description of the activities carried
17 out under the Program;
18 (B) an analysis of any growth in very high
19 research activity status indicators of eligible in-
20 stitutions that participated in the Program; and
21 (C) emerging research areas of interest to
22 the Department of Defense that are being pur-
23 sued by such institutions.
24 (7) REPORT TO CONGRESS.—Not later than 180
25 days after the date on which the program terminates
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00173 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
174
1 under paragraph (5), the Secretary shall submit to
2 the Committees on Armed Services of the Senate and
3 the House of Representatives a report on the Program
4 that includes the following:
5 (A) An analysis of the growth in very high
6 research activity status indicators of eligible in-
7 stitutions that participated in the Program.
8 (B) An evaluation on the effectiveness of the
9 Program in increasing the research capacity of
10 such institutions.
11 (C) An explanation of how institutions that
12 achieved very high research activity status plan
13 to sustain that status after the termination of the
14 Program.
15 (D) An evaluation of the maintenance of
16 very high research status by eligible institutions
17 that participated in the Program.
18 (E) An evaluation of the effectiveness of the
19 Program in increasing the diversity of students
20 conducting high quality research in unique
21 areas.
22 (F) Recommendations with respect to fur-
23 ther activities and investments necessary to ele-
24 vate the research status of historically Black col-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00174 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
175
1 leges and universities and other minority-serving
2 institutions.
3 (G) Recommendations as to whether the
4 Program should be renewed or expanded.
5 (c) DEFINITIONS.—In this section:
6 (1) The term ‘‘eligible institution’’ means a his-
7 torically Black college or university or other minor-
8 ity-serving institution that is classified as a high re-
9 search activity status institution at the time of par-
10 ticipation in the program under subsection (b).
11 (2) The term ‘‘high research activity status’’
12 means R2 status, as classified by the Carnegie Classi-
13 fication of Institutions of Higher Education.
14 (3) The term ‘‘historically Black college or uni-
15 versity’’ has the meaning given the term ‘‘part B in-
16 stitution’’ under section 322 of the Higher Education
17 Act of 1965 (20 U.S.C. 1061).
18 (4) The term ‘‘other minority-serving institu-
19 tion’’ means an institution of higher education speci-
20 fied in paragraphs (2) through (7) of section 371(a)
21 of the Higher Education Act of 1965 (20 U.S.C.
22 1067q(a)).
23 (5) The term ‘‘Secretary’’ means the Secretary of
24 Defense.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00175 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
176
1 (6) The term ‘‘very high research activity status’’
2 means R1 status, as classified by the Carnegie Classi-
3 fication of Institutions of Higher Education.
4 (7) The term ‘‘very high research activity status
5 indicators’’ means the categories used by the Carnegie
6 Classification of Institutions of Higher Education to
7 delineate which institutions have very high activity
8 status, including—
9 (A) annual expenditures in science and en-
10 gineering;
11 (B) per-capita (faculty member) expendi-
12 tures in science and engineering;
13 (C) annual expenditures in non-science and
14 engineering fields;
15 (D) per-capita (faculty member) expendi-
16 tures in non-science and engineering fields;
17 (E) doctorates awarded in science, tech-
18 nology, engineering, and mathematics fields;
19 (F) doctorates awarded in social science
20 fields;
21 (G) doctorates awarded in the humanities;
22 (H) doctorates awarded in other fields with
23 a research emphasis;
24 (I) total number of research staff including
25 postdoctoral researchers;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
177
1 (J) other doctorate-holding non-faculty re-
2 searchers in science and engineering and per-
3 capita (faculty) number of doctorate-level re-
4 search staff including post-doctoral researchers;
5 and
6 (K) other categories utilized to determine
7 classification.
8 SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOP-
9 MENT OF PATENTABLE INVENTIONS IN THE
10 DEPARTMENT OF THE NAVY.
11 (a) IN GENERAL.—The Secretary of the Navy may
12 carry out a pilot program to expand the support available
13 to covered personnel who seek to engage in the development
14 of patentable inventions that—
15 (1) have applicablity to the job-related functions
16 of such personnel; and
17 (2) may have applicability in the civilian sector.
18 (b) ACTIVITIES.—As part of the pilot program under
19 subsection (a), the Secretary of the Navy may—
20 (1) expand outreach to covered personnel regard-
21 ing the availability of patent-related training, legal
22 assistance, and other support for personnel interested
23 in developing patentable inventions;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00177 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
178
1 (2) expand the availability of patent-related
2 training to covered personnel, including by making
3 such training available online;
4 (3) clarify and issue guidance detailing how cov-
5 ered personnel, including personnel outside of the lab-
6 oratories and other research organizations of the De-
7 partment of the Navy, may—
8 (A) seek and receive support for the develop-
9 ment of patentable inventions; and
10 (B) receive a portion of any royalty or
11 other payment as an inventor or coinventor such
12 as may be due under section 14(a)(1)(A)(i) of the
13 Stevension-Wylder Technology Innovation Act of
14 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
15 (4) carry out other such activities as the Sec-
16 retary determines appropriate in accordance with the
17 purposes of the pilot program.
18 (c) TERMINATION.—The authority to carry out the
19 pilot program under subsection (a) shall terminate three
20 years after the date of the enactment of this Act.
21 (d) DEFINITIONS.—In this section:
22 (1) The term ‘‘covered personnel’’ means mem-
23 bers of the Navy and Marine Corps and civilian em-
24 ployees of the Department of the Navy, including
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00178 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
179
1 members and employees whose primary duties do not
2 involve research and development.
3 (2) The term ‘‘patentable invention’’ means an
4 invention that is patentable under title 35, United
5 States Code.
6 SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOP-
7 MENT OF BATTERY TECHNOLOGIES FOR
8 WARFIGHTERS.
9 (a) ESTABLISHMENT.—
10 (1) IN GENERAL.—The Secretary of Defense may
11 establish and carry out a pilot program to assess the
12 feasibility and advisability of providing support to
13 battery producers—
14 (A) to facilitate the research and develop-
15 ment of safe and secure battery technologies for
16 existing and new or novel battery chemistry con-
17 figurations, including through the research and
18 development of new or updated manufacturing
19 processes and technologies;
20 (B) to assess commercial battery offerings
21 within the marketplace for viability and utility
22 for warfighter applications; and
23 (C) to transition battery technologies, in-
24 cluding technologies developed under other pilot
25 programs, prototype projects, or other research
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00179 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
180
1 and development programs, from the prototyping
2 phase to manufacturing production.
3 (2) DESIGNATION.—The pilot program estab-
4 lished under paragraph (1) shall be known as the
5 ‘‘Warfighter Electric Battery Transition Project’’ (re-
6 ferred to in this section as the ‘‘Project’’).
7 (3) ADMINISTRATION.—The Under Secretary of
8 Defense for Research and Engineering shall admin-
9 ister the Project.
10 (b) GRANTS, CONTRACTS, AND OTHER AGREE-
11 MENTS.—The Secretary of Defense may carry out the
12 Project through the award of support, as described in sub-
13 section (a)(1), in the form of grants to, or contracts or other
14 agreements with, battery producers.
15 (c) COORDINATION.—The Secretary of Defense shall
16 ensure that activities under the Project are coordinated with
17 the Strategic Environmental Research and Development
18 Program under section 2901 of title 10, United States Code.
19 (d) USE OF GRANT AND CONTRACT AMOUNTS.—A bat-
20 tery producer who receives a grant, contract, or other agree-
21 ment under the Project may use the amount of the grant,
22 contract, or other agreement to carry out one or more of
23 the following activities:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
181
1 (1) Conducting research and development to vali-
2 date new or novel battery chemistry configurations,
3 including through—
4 (A) experimentation;
5 (B) prototyping;
6 (C) testing;
7 (D) adapting battery technology to integrate
8 with other technologies and systems; or
9 (E) addressing manufacturing or other pro-
10 duction challenges.
11 (2) Providing commercially available battery
12 technologies to each Secretary of a military depart-
13 ment and the commanders of the combatant com-
14 mands to support utility assessments or other testing
15 by warfighters.
16 (3) Expanding, validating, or assessing battery
17 recycling capabilities that may provide operational
18 utility to the Department of Defense.
19 (4) Building and strengthening relationships of
20 the Department of Defense with nontraditional de-
21 fense contractors in the technology industry that may
22 have unused or underused solutions to specific oper-
23 ational challenges of the Department relating to bat-
24 tery technology.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00181 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
182
1 (e) PRIORITY OF AWARDS.—In awarding grants, con-
2 tracts, or other agreements under the Project, the Secretary
3 shall give preference to battery producers that meet one or
4 more of the following criteria:
5 (1) The producer manufactures, designs, or devel-
6 ops battery cells, packs, modules, or other related ca-
7 pabilities in the United States.
8 (2) The producer manufactures, designs, or devel-
9 ops battery cells, packs, modules, or other related ca-
10 pabilities in the national technology and industrial
11 base (as defined in section 4801 of title 10, United
12 States Code).
13 (3) The technology made available by the pro-
14 ducer provides modularity to support diverse applica-
15 tions.
16 (4) The technology made available by the pro-
17 ducer facilitates safety in tactical and combat appli-
18 cations by using battery chemistries and configura-
19 tions that reduce thermal runaway and minimize ox-
20 ygen liberation.
21 (5) The producer demonstrates new or novel bat-
22 tery chemistry configurations, safety characteristics,
23 or form-factor configurations.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00182 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
183
1 (6) The producer facilitates the domestic supply
2 chain for raw materials needed for battery produc-
3 tion.
4 (7) The producer offers battery-related commer-
5 cial products or commercial services.
6 (f) PLANNING, REPORTING AND DATA COLLECTION.—
7 (1) PLAN REQUIRED BEFORE IMPLEMENTA-
8 TION.—
9 (A) IN GENERAL.—The Secretary of Defense
10 may not commence the Project until the Sec-
11 retary has completed a plan for the implementa-
12 tion of the Project.
13 (B) ELEMENTS.—The plan under subpara-
14 graph (A) shall provide for—
15 (i) collecting, analyzing, and retaining
16 Project data;
17 (ii) developing and sharing best prac-
18 tices for achieving the objectives of the
19 Project;
20 (iii) identification of any policy or
21 regulatory impediments inhibiting the exe-
22 cution of the Project; and
23 (iv) sharing results from the Project
24 across the Department of Defense and with
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00183 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
184
1 other departments and agencies of the Fed-
2 eral Government and Congress.
3 (C) SUBMITTAL TO CONGRESS.—Not later
4 than 180 days after the date of the enactment of
5 this Act, the Secretary of Defense shall submit to
6 the congressional defense committees the imple-
7 mentation plan developed under subparagraph
8 (A).
9 (2) FINAL REPORT.—Not later than one year
10 after the date on which the Project terminates under
11 subsection (g), the Secretary of Defense shall submit
12 to the congressional defense committees a final report
13 on the results of the Project. Such report shall in-
14 clude—
15 (A) a summary of the objectives achieved by
16 the Project; and
17 (B) recommendations regarding the steps
18 that may be taken to promote battery tech-
19 nologies that are not dependent on foreign com-
20 petitors to meet the needs of the Armed Forces.
21 (g) TERMINATION.—The authority to carry out the
22 Project shall terminate on December 31, 2028.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00184 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
185
1 Subtitle C—Plans, Reports, and
2 Other Matters
3 SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DI-
4 RECTOR OF OPERATIONAL TEST AND EVAL-
5 UATION.
6 Section 139(h)(3) of title 10, United States Code, is
7 amended—
8 (1) by inserting ‘‘or controlled unclassified’’ after
9 ‘‘classified’’; and
10 (2) by striking ‘‘submit an unclassified version
11 of the report to Congress’’ and inserting ‘‘submit to
12 Congress a version of the report that is unclassified
13 and does not require safeguarding or dissemination
14 controls’’.
15 SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY
16 BRIEFINGS ON STRATEGY FOR FIFTH GEN-
17 ERATION INFORMATION AND COMMUNICA-
18 TIONS TECHNOLOGIES.
19 Section 254(d)(1) of the National Defense Authoriza-
20 tion Act for Fiscal Year 2020 (Public Law 116–92; 10
21 U.S.C. 4571 note) is amended, in the matter preceding sub-
22 paragraph (A), by striking ‘‘March 15, 2022’’ and inserting
23 ‘‘December 1, 2026’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00185 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
186
1 SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DE-
2 VELOPMENT OF NOVEL PROCESSING AP-
3 PROACHES FOR DEFENSE APPLICATIONS.
4 (a) INVESTMENT PLANS REQUIRED.—Not later than
5 November 1, 2023, and not less frequently than once every
6 three years thereafter until December 31, 2035, the Sec-
7 retary of Defense shall submit to the congressional defense
8 committees a plan for making investments to support the
9 development of novel processing approaches for defense ap-
10 plications.
11 (b) ELEMENTS.—Each investment plan required by
12 subsection (a) shall—
13 (1) identify any investments the Secretary has
14 made, and any future investments the Secretary in-
15 tends to make, in research and technology develop-
16 ment to support the use and fielding of novel proc-
17 essing approaches for defense applications;
18 (2) identify any investments the Secretary has
19 made, and any future investments the Secretary in-
20 tends to make, to accelerate the development of novel
21 processing approaches for defense applications, in-
22 cluding investments in—
23 (A) personnel and workforce capabilities;
24 (B) facilities and infrastructure to host sys-
25 tems utilizing novel processing approaches;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
187
1 (C) algorithm developments necessary to ex-
2 pand the functionality of each novel processing
3 approach;
4 (D) other Federal agencies and federally
5 funded laboratories; and
6 (E) appropriate international and commer-
7 cial sector organizations and activities;
8 (3) describe mechanisms to coordinate and lever-
9 age investments in novel processing approaches with-
10 in the Department and with non-Federal partners;
11 (4) describe the technical goals to be achieved
12 and capabilities to be developed under the plan; and
13 (5) include recommendations for such legislative
14 or administration actions as may support the effec-
15 tive execution of the investment plan.
16 (c) FORM.—Each plan submitted under subsection (a)
17 shall be submitted in such form as the Secretary considers
18 appropriate, which may include classified, unclassified,
19 and publicly releasable formats.
20 (d) NOVEL PROCESSING APPROACHES DEFINED.—In
21 this section, the term ‘‘novel processing approaches’’
22 means—
23 (1) emerging techniques in computation, such as
24 biocomputing, exascale computing, utility scale quan-
25 tum computing; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
188
1 (2) associated algorithm and hardware develop-
2 ment needed to implement such techniques.
3 SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G
4 INFORMATION AND COMMUNICATIONS TECH-
5 NOLOGY WITHIN THE MILITARY DEPART-
6 MENTS.
7 (a) THREE-YEAR TRANSITION PLAN REQUIRED.—
8 (1) IN GENERAL.—Not later than 120 days after
9 the date of the enactment of this Act, each Assistant
10 Secretary concerned shall develop and submit to the
11 congressional defense committees a plan that speci-
12 fies—
13 (A) the extent to which fifth generation in-
14 formation and communications technology (5G)
15 infrastructure is expected to be implemented in
16 the military department of the Assistant Sec-
17 retary by the end of the three-year period fol-
18 lowing the date of the enactment of this Act; and
19 (B) how the implementation of such tech-
20 nology is expected to be achieved during such pe-
21 riod.
22 (2) ELEMENTS.—Each plan required under
23 paragraph (1) shall include—
24 (A) an operational needs assessment that
25 identifies the highest priority areas in which the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
189
1 Assistant Secretary intends to implement fifth
2 generation information and communications
3 technologies during the three-year period de-
4 scribed in paragraph (1);
5 (B) an explanation of—
6 (i) whether and to what extent the As-
7 sistant Secretary intends to use an open
8 radio access network approach in imple-
9 menting fifth generation information and
10 communications technologies in the areas
11 identified under subparagraph (A); and
12 (ii) if the Assistant Secretary does not
13 intend to use such an open radio access net-
14 work approach, an explanation of the rea-
15 sons for such determination;
16 (C) an investment plan that includes fund-
17 ing estimates, by fiscal year and appropriation
18 account, to accelerate—
19 (i) the maturation and acquisition of
20 fifth generation information and commu-
21 nications capabilities that use the open
22 radio access network approach; and
23 (ii) the deployment of such capabilities
24 in the facilities and systems of the military
25 department concerned;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
190
1 (D) metrics and reporting mechanisms to
2 ensure progress in achieving the objectives of the
3 plan within the three-year period described in
4 paragraph (1);
5 (E) identification and designation of a sin-
6 gle point of contact at each military installation
7 and within each armed force under the jurisdic-
8 tion of the military department concerned to fa-
9 cilitate the deployment of fifth generation infor-
10 mation and communications technologies;
11 (F) actions the Assistant Secretary intends
12 to carry out to streamline the process for estab-
13 lishing fifth generation wireless coverage at mili-
14 tary installations, including actions to reduce
15 delays caused by policies and processes relating
16 to contracting, communications, and the use of
17 real property;
18 (G) identification of investments that are
19 required to support the transition to fifth genera-
20 tion information and communications technology
21 that uses an open radio access network approach;
22 and
23 (H) such other matters as the Assistant Sec-
24 retary considers appropriate.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00190 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
191
1 (3) COORDINATION.—In developing the plans re-
2 quired under paragraph (1), each Assistant Secretary
3 concerned shall coordinate with—
4 (A) the Chief Information Officer of the De-
5 partment of Defense;
6 (B) and the Under Secretary of Defense for
7 Acquisition and Sustainment; and
8 (C) the Under Secretary of Defense for Re-
9 search and Engineering.
10 (4) FORM OF PLAN.—Each plan required under
11 paragraph (1) shall be submitted in unclassified form.
12 (b) CROSS-FUNCTIONAL TEAM ASSESSMENT.—
13 (1) ASSESSMENT AND BRIEFING REQUIRED.—
14 After all of the plans required by subsection (a)(1)
15 have been submitted in accordance with such sub-
16 section and not later than 150 days after the date of
17 the enactment of this Act, the cross-functional team
18 established pursuant to section 224(c)(1) of the Wil-
19 liam M. (Mac) Thornberry National Defense Author-
20 ization Act for Fiscal Year 2021 (Public Law 116–
21 283; 10 U.S.C. 4571 note) shall assess such plans and
22 provide to the congressional defense committees a
23 briefing on the findings of the team with respect to
24 such assessment.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00191 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
192
1 (2) ELEMENTS.—The briefing provided under
2 paragraph (1) shall include the following:
3 (A) Recommendations to further accelerate
4 the deployment of fifth-generation information
5 and communications technologies that use the
6 open radio access network approach across the
7 Department of Defense.
8 (B) Recommendations to standardize and
9 streamline the process for establishing fifth gen-
10 eration wireless coverage at military installa-
11 tions, including recommendations for reducing
12 delays caused by policies and processes relating
13 to contracting, communications, and the use of
14 real property.
15 (C) A plan for the inclusion of representa-
16 tives of the Department of Defense in inter-
17 national wireless standards-setting bodies.
18 (D) Such other matters as the cross-func-
19 tional team described in paragraph (1) considers
20 appropriate.
21 (c) DEFINITIONS.—In this section:
22 (1) The term ‘‘Assistant Secretary concerned’’
23 means—
24 (A) the Assistant Secretary of the Army for
25 Acquisition, Logistics, and Technology, with re-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00192 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
193
1 spect to matters concerning the Department of
2 the Army;
3 (B) the Assistant Secretary of the Navy for
4 Research, Development, and Acquisition, with re-
5 spect to matters concerning the Department of
6 the Navy; and
7 (C) the Assistant Secretary of the Air Force
8 for Acquisition, Technology, and Logistics, with
9 respect to matters concerning the Department of
10 the Air Force.
11 (2) The term ‘‘open radio access network ap-
12 proach’’ means an approach to networking, such as
13 the Open Radio Access Network (commonly known as
14 ‘‘Open RAN’’), that uses open protocols and interfaces
15 within a network so that components provided by dif-
16 ferent vendors can be interoperable.
17 SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH
18 PROJECTS AGENCY INNOVATION FELLOW-
19 SHIP PROGRAM.
20 (a) IN GENERAL.—The Director of the Defense Ad-
21 vanced Research Projects Agency shall develop a plan for
22 the establishment of a fellowship program (to be known as
23 the ‘‘Innovation Fellowship Program’’) to expand opportu-
24 nities for early career scientists to participate in the pro-
25 grams, projects, and other activities of the Agency.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
194
1 (b) ELEMENTS.—In developing the plan under sub-
2 section (a), the Director of the Defense Advanced Research
3 Projects Agency shall—
4 (1) review the types of programs, projects, and
5 other activities of the Agency that may be open to
6 participation from early career scientists to identify
7 opportunities for the expansion of such participation;
8 (2) identify criteria for evaluating applicants to
9 the fellowship program described in subsection (a);
10 (3) establish detailed plans for the implementa-
11 tion of the fellowship program;
12 (4) conduct an assessment of the potential costs
13 of the fellowship program;
14 (5) define eligibility requirements for partici-
15 pants in the fellowship program; and
16 (6) address such other matters as the Director
17 determines appropriate.
18 (c) SUBMITTAL TO CONGRESS.—Not later than 180
19 days after the date of the enactment of this Act, the Director
20 of the Defense Advanced Research Projects Agency shall sub-
21 mit to the congressional defense committee a report that in-
22 cludes—
23 (1) the plan developed under subsection (a); and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00194 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
195
1 (2) recommendations for expanding opportuni-
2 ties for early career scientists to participate in the
3 programs, projects, and other activities of the Agency.
4 (d) EARLY CAREER SCIENTIST DEFINED.—The term
5 ‘‘early career scientist’’ means a scientist who is in an early
6 stage of career development according to criteria determined
7 by the Director of the Defense Advanced Research Projects
8 Agency for purposes of this section.
9 SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND
10 STRENGTHENING THE DEFENSE INNOVATION
11 ECOSYSTEM.
12 (a) STRATEGY AND IMPLEMENTATION PLAN RE-
13 QUIRED.—Not later than 180 days after the date of the en-
14 actment of this Act, the Secretary of Defense, acting through
15 the Under Secretary of Defense for Research and Engineer-
16 ing, shall develop—
17 (1) a strategy fostering and strengthening the de-
18 fense innovation ecosystem; and
19 (2) a plan for implementing such strategy.
20 (b) PURPOSES.—
21 (1) STRATEGY.—The purpose of the strategy re-
22 quired by subsection (a)(1) is to provide a framework
23 for identifying, assessing, and tracking innovation
24 ecosystems that are beneficial to advancing the de-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00195 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
196
1 fense, national security, and warfighting missions of
2 the Department of Defense.
3 (2) IMPLEMENTATION PLAN.—The purpose of the
4 implementation plan required by subsection (a)(2) is
5 to provide—
6 (A) concrete steps and measures of effective-
7 ness to gauge the effect of the innovation eco-
8 systems described in paragraph (1) on the De-
9 partment; and
10 (B) a means for assessing the effectiveness of
11 the strategy developed under subsection (a)(1),
12 including the approaches taken by the Depart-
13 ment to grow, foster, and sustain such innova-
14 tion ecosystems.
15 (c) ELEMENTS.—The strategy and the implementation
16 plan required by subsection (a) shall include the following
17 elements:
18 (1) A process for defining, assessing, and select-
19 ing innovation ecosystems with potential to provide
20 benefit to the Department of Defense.
21 (2) Metrics for measuring the performance and
22 health of innovation ecosystems being supported by
23 the Department, including identification of criteria to
24 determine when to support or cease supporting identi-
25 fied ecosystems.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00196 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
197
1 (3) Identification of the authorities and Depart-
2 ment of Defense research, development, test, and eval-
3 uation assets that can be used to identify, establish,
4 sustain, and expand innovation ecosystems.
5 (4) For each innovation ecosystem supported by
6 the Department—
7 (A) a description of the core competencies or
8 focus areas of the ecosystem;
9 (B) identification of any organizations or
10 elements of the Department that engage with the
11 ecosystem;
12 (C) identification of the private sector assets
13 that are being used to support, sustain, and ex-
14 pand the identified innovation ecosystem; and
15 (D) a description of any challenges and suc-
16 cesses associated with such ecosystem.
17 (5) Such other elements as the Secretary con-
18 siders appropriate.
19 (d) INTERIM BRIEFING.—Not later than 90 days after
20 the date of the enactment of this Act, the Secretary of De-
21 fense shall provide to the congressional defense committees
22 a briefing on the strategy and implementation plan devel-
23 oped under subsection (a).
24 (e) SUBMITTAL OF STRATEGY AND PLAN.—Not later
25 than 180 days after the date of the enactment of this Act,
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00197 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
198
1 the Secretary of Defense shall submit to the congressional
2 defense committees the strategy and implementation plan
3 developed under subsection (a).
4 (f) QUADRENNIAL UPDATES.—Not later than March 1,
5 2027, and not less frequently than once ever four years
6 thereafter until December 31, 2039, the Secretary shall—
7 (1) update the strategy and plan developed under
8 subsection (a); and
9 (2) submit the updated strategy and plan to the
10 congressional defense committees.
11 (g) DEFINITIONS.—In this section:
12 (1) The term ‘‘Department of Defense research,
13 development, test, and evaluation assets’’ includes the
14 following:
15 (A) The Department of Defense science and
16 technology reinvention laboratories designated
17 under section 4121 of title 10, United States
18 Code.
19 (B) The Major Range and Test Facility
20 Base (as defined in section 4173(i) of such title).
21 (C) Department of Defense sponsored manu-
22 facturing innovation institutes.
23 (D) The organic industrial base.
24 (E) Defense Agencies and Department of
25 Defense Field Activities (as defined in section
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00198 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
199
1 101(a) of title 10, United States Code) that
2 carry out activities using funds appropriated for
3 research, development, test, and evaluation.
4 (F) Any other organization or element of
5 the Department of Defense that carries out ac-
6 tivities using funds appropriated for research,
7 development, test, and evaluation.
8 (2) The term ‘‘innovation ecosystem’’ refers to a
9 regionally based network of private sector, academic,
10 and government institutions in a network of formal
11 and informal institutional relationships that con-
12 tribute to technological and economic development in
13 a defined technology sector or sectors.
14 SEC. 237. ASSESSMENT AND STRATEGY RELATING TO
15 HYPERSONIC TESTING CAPACITY OF THE DE-
16 PARTMENT OF DEFENSE.
17 (a) ASSESSMENT.—The Secretary of Defense shall as-
18 sess the capacity of the Department of Defense to test, evalu-
19 ate, and qualify the hypersonic capabilities and related
20 technologies of the Department.
21 (b) ELEMENTS.—The assessment under subsection (a)
22 shall include the following:
23 (1) An assumption, for purposes of evaluating
24 the capacity described in subsection (a), that the De-
25 partment of Defense will conduct at least one full-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00199 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
200
1 scale, operationally relevant, live-fire, hypersonic
2 weapon test of each hypersonic weapon system that is
3 under development each year by each of the Air Force,
4 the Army, and the Navy, once such system reaches
5 initial operational capability.
6 (2) An identification of test facilities outside the
7 Department of Defense that have potential to be used
8 to expand the capacity described in subsection (a), in-
9 cluding test facilities of other departments and agen-
10 cies of the Federal Government, academia, and com-
11 mercial test facilities.
12 (3) An analysis of the capability of each test fa-
13 cility identified under paragraph (2) to simulate var-
14 ious individual and coupled hypersonic conditions to
15 accurately simulate a realistic flight-like environment
16 with all relevant aero-thermochemical conditions.
17 (4) An identification of the coordination, sched-
18 uling, reimbursement processes, and requirements
19 needed for the potential use of test facilities of other
20 departments and agencies of the Federal Government,
21 as available.
22 (5) An analysis of the test frequency, scheduling
23 lead time, test cost, and capacity of each test facility
24 identified under paragraph (2).
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00200 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
201
1 (6) A review of test facilities identified under
2 paragraph (2) that could enhance efforts to test flight
3 vehicles of the Department in all phases of hypersonic
4 flight, and other technologies, including sensors, com-
5 munications, thermal protective shields and mate-
6 rials, optical windows, navigation, and environ-
7 mental sensors.
8 (7) An assessment of any cost savings and time
9 savings that could result from using technologies iden-
10 tified in the strategy under subsection (c).
11 (c) STRATEGY.—
12 (1) REQUIREMENT.—Not later than 180 days
13 after the date of the enactment of this Act, the Sec-
14 retary of Defense shall submit to the appropriate con-
15 gressional committees a strategy to coordinate the po-
16 tential use of test facilities and ranges identified
17 under subsection (b)(2) to evaluate hypersonic tech-
18 nologies.
19 (2) ELEMENTS.—The strategy under paragraph
20 (1) shall—
21 (A) be based on the assessment under sub-
22 section (a);
23 (B) address how the Secretary will coordi-
24 nate with other departments and agencies of the
25 Federal Government, including the National Aer-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00201 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
202
1 onautics and Space Administration, to plan for
2 and schedule the potential use of other Federal
3 Government-owned test facilities and ranges, as
4 available, to evaluate the hypersonic technologies
5 of the Department of Defense;
6 (C) to the extent practicable, address in
7 what cases the Secretary can use test facilities
8 identified under subsection (b)(2) to fill any ex-
9 isting testing requirement gaps to enhance and
10 accelerate flight qualification of critical
11 hypersonic technologies of the Department;
12 (D) identify—
13 (i) the resources needed to improve the
14 frequency and capacity for testing
15 hypersonic technologies of the Department
16 at ground-based test facilities and flight test
17 ranges, including estimated costs for con-
18 ducting at least one full-scale, operationally
19 relevant, live-fire, hypersonic weapon test of
20 each hypersonic weapon system that is
21 under development each year by each of the
22 Air Force, the Army, and the Navy, once
23 such system reaches initial operational ca-
24 pability;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00202 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
203
1 (ii) the resources needed to reimburse
2 other departments and agencies of the Fed-
3 eral Government for the use of the test fa-
4 cilities and ranges of those departments or
5 agencies to test the hypersonics technologies
6 of the Department;
7 (iii) the requirements, approval proc-
8 esses, and resources needed to enhance, as
9 appropriate, the testing capabilities and ca-
10 pacity of other Federal Government-owned
11 test facilities and flight ranges, in coordina-
12 tion with the heads of the relevant depart-
13 ments and agencies;
14 (iv) investments that the Secretary can
15 make to incorporate test facilities identified
16 under subsection (b)(2) into the overall
17 hypersonic test infrastructure of the Depart-
18 ment of Defense; and
19 (v) the environmental conditions, test-
20 ing sizes, and duration required for flight
21 qualification of both hypersonic cruise and
22 hypersonic boost-glide technologies of the
23 Department; and
24 (E) address all advanced or emerging tech-
25 nologies that could shorten timelines and reduce
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00203 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
204
1 costs for hypersonic missile testing, including
2 with respect to—
3 (i) 3D printing of hypersonic test mis-
4 sile components including the frame, war-
5 head, and propulsion systems;
6 (ii) reusable hypersonic test beds, in-
7 cluding air-launched, sea-launched, and
8 ground-launched options;
9 (iii) additive manufacturing solutions;
10 (iv) the potential use of airborne plat-
11 forms other than the B–52 aircraft to im-
12 prove flight schedules for such testing; and
13 (v) other relevant technologies.
14 (3) COORDINATION.—The Secretary of Defense
15 shall develop the strategy under paragraph (1) in co-
16 ordination with the Program Director of the Joint
17 Hypersonics Transition Office, the Administrator of
18 the National Aeronautics and Space Administration,
19 the research laboratories of the military departments,
20 and the Department of Defense Test Resource Man-
21 agement Center.
22 (d) REPORT ON ESTIMATED COSTS OF CONDUCTING
23 A MINIMUM FREQUENCY OF HYPERSONIC WEAPONS TEST-
24 ING.—Not later than 180 days after the date of the enact-
25 ment of this Act, the Secretary of Defense shall submit to
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00204 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
205
1 the appropriate congressional committees a report that in-
2 cludes an estimate of the costs of conducting at least one
3 full-scale, operationally relevant, live-fire, hypersonic weap-
4 on test of each hypersonic weapon system that is under de-
5 velopment each year by each of the Air Force, the Army,
6 and the Navy, once such system reaches initial operational
7 capability.
8 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
9 FINED.—The term ‘‘appropriate congressional committees’’
10 means the following:
11 (1) The congressional defense committees.
12 (2) The Committee on Science, Space, and Tech-
13 nology of the House of Representatives and the Com-
14 mittee on Commerce, Science, and Transportation of
15 the Senate.
16 SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF
17 FEDERALLY FUNDED RESEARCH AND DEVEL-
18 OPMENT CENTERS.
19 (a) ANNUAL REPORT REQUIRED.—On an annual
20 basis, the Secretary of Defense shall submit to the Commit-
21 tees on Armed Services of the Senate and the House of Rep-
22 resentatives a report that identifies and provides informa-
23 tion about the studies and reports undertaken for the De-
24 partment of Defense by federally funded research and devel-
25 opment centers.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00205 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
206
1 (b) ELEMENTS.—Each report submitted under sub-
2 section (a) shall set forth the following:
3 (1) A list identifying each study and report un-
4 dertaken by a federally funded research center for the
5 Department of Defense—
6 (A) that has been completed during the pe-
7 riod covered by the report under subsection (a);
8 or
9 (B) that is in progress as of the date of the
10 report under subsection (a).
11 (2) For each study and report listed under para-
12 graph (1), the following:
13 (A) The title of the study or report.
14 (B) The federally funded research and devel-
15 opment center undertaking the study or report.
16 (C) The amount of funding provided to the
17 federally funded research and development center
18 under the contract or other agreement pursuant
19 to which the study or report is being produced
20 or conducted.
21 (D) The completion date or anticipated
22 completion date of the study or report.
23 (c) EXCEPTIONS.—The report required by subsection
24 (a) shall not apply to the following:
25 (1) Classified reports or studies.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00206 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
207
1 (2) Technical reports associated with scientific
2 research or technical development activities.
3 (3) Any report or study undertaken pursuant to
4 a contract or other agreement between a federally
5 funded research and development center and an entity
6 outside the Department of Defense.
7 (4) Reports or studies that are in draft form or
8 that have not undergone a peer-review or prepublica-
9 tion security review process established by the feder-
10 ally funded research and development center con-
11 cerned.
12 (d) SPECIAL RULE.—Each report under subsection (a)
13 shall be generated using the products and processes gen-
14 erated pursuant to section 908 of the William M. (Mac)
15 Thornberry National Defense Authorization Act for Fiscal
16 Year 2021 (Public Law 116–283; 10 U.S.C. 111 note).
17 (e) TERMINATION.—The requirement to submit annual
18 reports under subsection (a) shall terminate on the date that
19 is three years after the date of the enactment of this Act.
20 SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FU-
21 TURES COMMAND RESEARCH PROGRAM RE-
22 ALIGNMENT STUDY.
23 (a) REPORT REQUIRED.—Not later than 180 days
24 after the date of the enactment of this Act, the Secretary
25 of the Army shall submit to the congressional defense com-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00207 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
208
1 mittees a report on the recommendations set forth in the
2 publication of the National Academies of Sciences, Engi-
3 neering, and Medicine titled ‘‘Consensus Study Report:
4 U.S. Army Futures Command Research Program Realign-
5 ment’’ and dated April 23, 2022.
6 (b) CONTENTS.—The report submitted under sub-
7 section (a) shall include the following:
8 (1) A description of each recommendation de-
9 scribed in such subsection that has already been im-
10 plemented.
11 (2) A description of each recommendation de-
12 scribed in such subsection that the Secretary has com-
13 menced implementing, including a justification for
14 determining to commence implementing the rec-
15 ommendation.
16 (3) A description of each recommendation de-
17 scribed in such subsection that the Secretary has not
18 implemented or commenced implementing and a de-
19 termination as to whether or not to implement the
20 recommendation.
21 (4) For each recommendation under paragraph
22 (3) the Secretary determines to implement, the fol-
23 lowing:
24 (A) A timeline for implementation.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00208 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
209
1 (B) A description of any additional re-
2 sources or authorities required for implementa-
3 tion.
4 (C) The plan for implementation.
5 (5) For each recommendation under paragraph
6 (3) the Secretary determines not to implement, a jus-
7 tification for the determination not to implement.
8 (c) FORMAT.—The report required by subsection (a)
9 shall be submitted in unclassified form, but may include
10 a classified annex.
11 SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZA-
12 TION OF THE ELECTRONIC PROVING
13 GROUNDS TESTING RANGE.
14 (a) REPORT REQUIRED.—Not later than 180 days
15 after the date of the enactment of this Act, the Secretary
16 of Defense, acting through the Chair of the Electronic War-
17 fare Executive Committee of the Department of Defense,
18 shall submit to the congressional defense committees a re-
19 port on the Electronic Proving Grounds testing range lo-
20 cated at Fort Huachuca, Arizona.
21 (b) ELEMENTS.—The report under subsection (a) shall
22 address—
23 (1) the amount and types of testing activities
24 conducted at the Electronic Proving Grounds testing
25 range;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00209 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
210
1 (2) any shortfalls in the facilities and equipment
2 of the range;
3 (3) the capacity of the range to be used for addi-
4 tional testing activities;
5 (4) the possibility of using the range for the test-
6 ing activities of other Armed Forces, Federal agencies,
7 and private-sector entities in the United States;
8 (5) the capacity of the range to be used for real-
9 istic electronic warfare training;
10 (6) electronic warfare training shortfalls at do-
11 mestic military installations generally; and
12 (7) the feasibility and advisability of providing
13 a dedicated training area for electronic warfare capa-
14 bilities.
15 (c) CONSULTATION.—In preparing the report under
16 subsection (a), the Chair of the Electronic Warfare Execu-
17 tive Committee shall consult with the following:
18 (1) The Under Secretary of Defense for Research
19 and Engineering.
20 (2) The Chief Information Officer of the Depart-
21 ment of Defense.
22 (3) The Director of Operational Test and Eval-
23 uation of the Department of Defense.
24 (4) The Commander of the United States Stra-
25 tegic Command.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
211
1 (5) The Secretary of the Army.
2 (6) The Electromagnetic Spectrum Operations
3 Cross-Functional Team established pursuant to sec-
4 tion 911(c) of the National Defense Authorization Act
5 for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C.
6 111 note).
7 (7) The governments of Cochise County and Si-
8 erra Vista, Arizona.
9 SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPER-
10 FORMING SOFTWARE AND INFORMATION
11 TECHNOLOGY.
12 (a) STUDY REQUIRED.—The Secretary of Defense shall
13 seek to enter into a contract or other agreement with an
14 eligible entity to conduct an independent study on the chal-
15 lenges associated with the use of software and information
16 technology in the Department of Defense, the effects of such
17 challenges, and potential solutions to such 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 de-
22 partment to identify the most important software and
23 information technology challenges that result in lost
24 working hours, including—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00211 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
212
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 service-
5 member and employee retention; and
6 (C) any negative effects of each challenge on
7 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 De-
21 fense and its component organizations. Such a frame-
22 work shall enable the assessment of underperforming
23 software and information technology based on—
24 (A) designs, interfaces, and functionality
25 which prioritize user experience and efficacy;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00212 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
213
1 (B) costs due to lost productivity;
2 (C) reliability and sustainability;
3 (D) comparisons between—
4 (i) outdated or outmoded information
5 technologies, software, and applications;
6 and
7 (ii) modern information technologies,
8 software, and applications;
9 (E) overhead costs for software and infor-
10 mation technology in the Department compared
11 to the overhead costs for comparable software and
12 information technology in the private sector;
13 (F) comparison of the amounts the Depart-
14 ment planned to expend on software and infor-
15 mation technology services versus the amounts
16 actually spent for such software and services;
17 (G) the mean amount of time it takes to re-
18 solve technical problems reported by users;
19 (H) the average rate, expressed in time, for
20 remediating or patching weaknesses or flaws in
21 information technologies, software, and applica-
22 tions;
23 (I) workforce training time; and
24 (J) customer satisfaction.
25 (4) The development of recommendations—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00213 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
214
1 (A) to address the challenges identified
2 under paragraph (1); and
3 (B) to improve the processes through which
4 the Secretary provides software and information
5 technology throughout the Department, including
6 through—
7 (i) business processes reengineering;
8 (ii) improvement of procurement or
9 sustainment processes;
10 (iii) remediation of hardware and soft-
11 ware technology gaps; and
12 (iv) the development of more detailed
13 and effective cost estimates.
14 (c) REPORT REQUIRED.—Not later than one year after
15 the date of the enactment of this Act, the eligible entity that
16 conducts the study under subsection (a) shall submit to the
17 Secretary of Defense and the congressional defense commit-
18 tees a report on the results of such study.
19 (d) DEFINITIONS.—In this section:
20 (1) The term ‘‘eligible entity’’ means an inde-
21 pendent entity not under the direction or control of
22 the Secretary of Defense, which may include a depart-
23 ment or agency of the Federal Government outside the
24 Department of Defense.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00214 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
215
1 (2) The term ‘‘software and information tech-
2 nology’’ does not include embedded software and in-
3 formation technology used for weapon systems.
4 SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPER-
5 ATIONAL TEST AND EVALUATION RESOURCES
6 SUPPORTING CERTAIN MAJOR DEFENSE AC-
7 QUISITION PROGRAMS.
8 (a) STUDY.—The Director of Operational Test and
9 Evaluation of the Department of Defense shall conduct a
10 study of at least one major defense acquisition program
11 within each covered Armed Force to determine the suffi-
12 ciency of the operational test and evaluation resources sup-
13 porting such program.
14 (b) ELEMENTS.—The study under subsection (a) shall
15 include, with respect to each major defense acquisition pro-
16 gram evaluated as part of the study, the following:
17 (1) Identification and assessment of the oper-
18 ational test and evaluation resources supporting the
19 program—
20 (A) as of the date of the study;
21 (B) during the five-year period preceding
22 the date of the study; and
23 (C) over the period covered by the most re-
24 cent future-years defense program submitted to
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
216
1 Congress under section 221 of title 10, United
2 States Code.
3 (2) For any operational test and evaluation re-
4 sources determined to be insufficient to meet the needs
5 of the program, an evaluation of the amount of addi-
6 tional funding and any other support that may be re-
7 quired to ensure the sufficiency of such resources.
8 (3) The amount of Government-funded, con-
9 tractor-provided operational test and evaluation re-
10 sources—
11 (A) provided for the program as of the date
12 of the study; and
13 (B) that are planned to be provided for the
14 program after such date.
15 (4) Such other matters as the Director of Oper-
16 ational Test and Evaluation determines to be relevant
17 to the study.
18 (c) REPORT.—Not later than one year after the date
19 of the enactment of this Act, the Director of Operational
20 Test and Evaluation shall submit to the congressional de-
21 fense committees a report on the results of the study con-
22 ducted under subsection (a).
23 (d) DEFINITIONS.—In this section:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00216 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
217
1 (1) The term ‘‘covered Armed Force’’ means the
2 Army, the Navy, the Marine Corps, the Air Force,
3 and the Space Force.
4 (2) The term ‘‘major defense acquisition pro-
5 gram’’ has the meaning given that term in section
6 4201 of title 10, United States Code.
7 (3) The term ‘‘operational test and evaluation
8 resources’’ means the facilities, specialized test assets,
9 schedule, workforce, and any other resources sup-
10 porting operational test and evaluation activities
11 under a major defense acquisition program.
12 TITLE III—OPERATION AND
13 MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
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 en-
ergy 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 re-
newable 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 extreme
weather.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00217 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
218
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 recy-
cling.
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 installa-
tions.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department
of Defense with electric vehicles, advanced-biofuel-powered vehi-
cles, 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-Pa-
cific 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 implications
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 con-
tamination in drinking water by Agency for Toxic Substances
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 property.
Sec. 345. Restriction on procurement or purchasing by Department of Defense of
turnout gear for firefighters containing perfluoroalkyl substances
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 pro-
curement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and objec-
tives 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 readiness
reports.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00218 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
219
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 production
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 installations.
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.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00219 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
220
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine
countermeasures platforms.
1 Subtitle A—Authorization of
2 Appropriations
3 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
4 Funds are hereby authorized to be appropriated for fis-
5 cal year 2023 for the use of the Armed Forces and other
6 activities and agencies of the Department of Defense for ex-
7 penses, not otherwise provided for, for operation and main-
8 tenance, as specified in the funding table in section 4301.
9 Subtitle B—Energy and
10 Environment
11 SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL
12 SECURITY.
13 Chapter 7 of title 10, United States Code, is amended
14 by inserting after section 182 the following new section (and
15 conforming the table of sections at the beginning of such
16 chapter accordingly):
17 ‘‘§ 182a. Center for Excellence in Environmental Secu-
18 rity
19 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense may
20 operate a Center for Excellence in Environmental Security
21 (in this section referred to as the ‘Center’).
22 ‘‘(b) MISSIONS.—(1) The Center shall be used to pro-
23 vide and facilitate education, training, and research in
24 civil-military operations, particularly operations that re-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00220 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
221
1 quire international assistance and operations that require
2 coordination between the Department of Defense and other
3 Federal agencies.
4 ‘‘(2) The Center shall be used to provide and facilitate
5 education, training, interagency coordination, and research
6 on the following additional matters:
7 ‘‘(A) Management of the consequences of environ-
8 mental insecurity with respect to—
9 ‘‘(i) access to water, food, and energy;
10 ‘‘(ii) related health matters; and
11 ‘‘(iii) matters relating to when, how, and
12 why environmental stresses to human safety,
13 health, water, energy, and food will cascade to
14 economic, social, political, or national security
15 events.
16 ‘‘(B) Appropriate roles for the reserve compo-
17 nents in response to environmental insecurity result-
18 ing from natural disasters.
19 ‘‘(C) Meeting requirements for information in
20 connection with regional and global disasters, includ-
21 ing through the use of advanced communications tech-
22 nology as a virtual library.
23 ‘‘(3) The Center shall perform such other missions as
24 the Secretary of Defense may specify.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00221 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
222
1 ‘‘(4) To assist the Center in carrying out the missions
2 under this subsection, upon request of the Center, the head
3 of any Federal agency may grant to the Center access to
4 the data, archives, and other physical resources (including
5 facilities) of that agency, and may detail any personnel of
6 that agency to the Center, for the purpose of enabling the
7 development of global environmental indicators.
8 ‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITU-
9 TION AUTHORIZED.—The Secretary of Defense may enter
10 into an agreement with appropriate officials of an institu-
11 tion of higher education to provide for the operation of the
12 Center. Any such agreement shall provide for the institution
13 to furnish necessary administrative services for the Center,
14 including by directly providing such services or providing
15 the funds for such services.
16 ‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as pro-
17 vided in paragraph (2), the Secretary of Defense may ac-
18 cept, on behalf of the Center, donations to be used to defray
19 the costs of the Center or to enhance the operation of the
20 Center. Such donations may be accepted from any agency
21 of the Federal Government, any State or local government,
22 any foreign government, any foundation or other charitable
23 organization (including any that is organized or operates
24 under the laws of a foreign country), or any other private
25 source in the United States or a foreign country.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00222 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
223
1 ‘‘(2) The Secretary may not accept a donation under
2 paragraph (1) if the acceptance of the donation would com-
3 promise or appear to compromise—
4 ‘‘(A) the ability of the Department of Defense,
5 any employee of the Department, or any member of
6 the armed forces, to carry out any responsibility or
7 duty of the Department or the armed forces in a fair
8 and objective manner; or
9 ‘‘(B) the integrity of any program of the Depart-
10 ment of Defense or of any person involved in such a
11 program.
12 ‘‘(3) The Secretary shall prescribe written guidance
13 setting forth the criteria to be used in determining whether
14 or not the acceptance of a foreign donation under para-
15 graph (1) would have a result described in paragraph (2).
16 ‘‘(4) Funds accepted by the Secretary under paragraph
17 (1) as a donation on behalf of the Center shall be credited
18 to appropriations available to the Department of Defense
19 for the Center. Funds so credited shall be merged with the
20 appropriations to which credited and shall be available for
21 the Center for the same purposes and the same period as
22 the appropriations with which merged.’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00223 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
224
1 SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND
2 WATER QUALITY TRADING.
3 (a) IN GENERAL.—Chapter 159 of title 10, United
4 States Code, is amended by inserting after section 2694c
5 the following new section:
6 ‘‘§ 2694d. Participation in pollutant banks and water
7 quality trading
8 ‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary of
9 a military department, and the Secretary of Defense with
10 respect to matters concerning a Defense Agency, when en-
11 gaged in an authorized activity that may or will result in
12 the discharge of pollutants, may make payments to a pollut-
13 ant banking program or water quality trading program ap-
14 proved in accordance with the Water Quality Trading Pol-
15 icy dated January 13, 2003, set forth by the Office of Water
16 of the Environmental Protection Agency, or any successor
17 administrative guidance or regulation.
18 ‘‘(b) TREATMENT OF PAYMENTS.—Payments made
19 under subsection (a) to a pollutant banking program or
20 water quality trading program may be treated as eligible
21 project costs for military construction.
22 ‘‘(c) DISCHARGE OF POLLUTANTS DEFINED.—In this
23 section, the term ‘discharge of pollutants’ has the meaning
24 given that term in section 502(12) of the Federal Water Pol-
25 lution Control Act (33 U.S.C. 1362(12)) (commonly referred
26 to as the ‘Clean Water Act’).’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
225
1 (b) CLERICAL AMENDMENT.—The table of sections at
2 the beginning of such chapter is amended by inserting after
3 the item relating to section 2694c following new item:
‘‘2694d. Participation in pollutant banks and water quality trading.’’.
4 SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRON-
5 MENTAL RESTORATION PROGRAM FOR
6 STATE-OWNED FACILITIES OF THE NATIONAL
7 GUARD WITH PROVEN EXPOSURE OF HAZ-
8 ARDOUS SUBSTANCES AND WASTE.
9 (a) DEFINITION OF STATE-OWNED NATIONAL GUARD
10 FACILITY.—Section 2700 of title 10, United States Code,
11 is amended by adding at the end the following new para-
12 graph:
13 ‘‘(4) The term ‘State-owned National Guard fa-
14 cility’ includes land owned and operated by a State
15 when such land is used for training the National
16 Guard pursuant to chapter 5 of title 32 with funds
17 provided by the Secretary of Defense or the Secretary
18 of a military department, even though such land is
19 not under the jurisdiction of the Department of De-
20 fense.’’.
21 (b) AUTHORITY FOR DEFENSE ENVIRONMENTAL RES-
22 TORATION PROGRAM.—Section 2701(a)(1) of such title is
23 amended, in the first sentence, by inserting ‘‘and at State-
24 owned National Guard facilities’’ before the period.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00225 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
226
1 (c) RESPONSIBILITY FOR RESPONSE ACTIONS.—Sec-
2 tion 2701(c)(1) of such title is amended by adding at the
3 end the following new subparagraph:
4 ‘‘(D) Each State-owned National Guard fa-
5 cility being used for training the National
6 Guard pursuant to chapter 5 of title 32 with
7 funds provided by the Secretary of Defense or the
8 Secretary of a military department at the time
9 of actions leading to contamination by haz-
10 ardous substances or pollutants or contami-
11 nants.’’.
12 SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND EN-
13 ERGY REPORTS OF DEPARTMENT OF DE-
14 FENSE.
15 (a) ENVIRONMENTAL REPORT.—Section 2711 of title
16 10, United States Code, is amended by striking subsections
17 (a) and (b) and inserting the following new subsections:
18 ‘‘(a) REPORT REQUIRED.—Not later than March 31
19 of each year, the Secretary of Defense shall submit to Con-
20 gress a report on progress made by environmental programs
21 of the Department of Defense during the preceding fiscal
22 year.
23 ‘‘(b) ELEMENTS.—Each report under subsection (a)
24 shall include, for the year covered by the report, the fol-
25 lowing:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00226 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
227
1 ‘‘(1) With respect to environmental restoration
2 activities of the Department of Defense, and for each
3 of the military departments, information on the De-
4 fense Environmental Restoration Program under sec-
5 tion 2701 of this title, including—
6 ‘‘(A) the total number of sites at which such
7 program was carried out;
8 ‘‘(B) the progress of remediation for sites
9 that have not yet completed cleanup;
10 ‘‘(C) the remaining cost to complete cleanup
11 of known sites; and
12 ‘‘(D) an assessment by the Secretary of De-
13 fense of the overall progress of such program.
14 ‘‘(2) An assessment by the Secretary of achieve-
15 ments for environmental conservation and planning
16 by the Department.
17 ‘‘(3) An assessment by the Secretary of achieve-
18 ments for environmental compliance by the Depart-
19 ment.
20 ‘‘(4) An assessment by the Secretary of achieve-
21 ments for climate resiliency by the Department.
22 ‘‘(5) An assessment by the Secretary of the
23 progress made by the Department in achieving the ob-
24 jectives and goals of the Environmental Technology
25 Program of the Department.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00227 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
228
1 ‘‘(c) CONSOLIDATION.—The Secretary of Defense may
2 consolidate, attach with, or otherwise include in any report
3 required under subsection (a) any annual report or other
4 requirement that is aligned or associated with, or would
5 be better understood if presented as part of a consolidated
6 report addressing environmental restoration, compliance,
7 and resilience.’’.
8 (b) ENERGY REPORT.—
9 (1) IN GENERAL.—Section 2925 of such title is
10 amended—
11 (A) by amending the section heading to
12 read as follows: ‘‘Annual report on energy
13 performance, resilience, and readiness
14 of Department of Defense’’; and
15 (B) by striking subsections (a) and (b) and
16 inserting the following new subsections:
17 ‘‘(a) REPORT REQUIRED.—Not later than 240 days
18 after the end of each fiscal year, the Secretary of Defense
19 shall submit to the congressional defense committees a re-
20 port detailing the fulfillment during that fiscal year of the
21 authorities and requirements under sections 2688, 2911,
22 2912, 2920, and 2926 of this title, including progress on
23 energy resilience at military installations and the use of
24 operational energy in combat platforms and at contingency
25 locations.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00228 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
229
1 ‘‘(b) ELEMENTS.—Each report under subsection (a)
2 shall include the following:
3 ‘‘(1) For the year covered by the report, the fol-
4 lowing:
5 ‘‘(A) A description of the progress made to
6 achieve the goals of the Energy Policy Act of
7 2005 (Public Law 109–58), section 2911(g) of
8 this title, and the Energy Independence and Se-
9 curity Act of 2007 (Public Law 110–140).
10 ‘‘(B) A description of the energy savings, re-
11 turn on investment, and enhancements to instal-
12 lation mission assurance realized by the fulfill-
13 ment of the goals described in subparagraph (A).
14 ‘‘(C) A description of and progress toward
15 the energy security, resilience, and performance
16 goals and master planning for the Department of
17 Defense, including associated metrics pursuant
18 to subsections (c) and (d) of section 2911 of this
19 title and requirements under section 2688(g) of
20 this title.
21 ‘‘(D) An evaluation of progress made by the
22 Department in implementing the operational en-
23 ergy strategy of the Department, including the
24 progress of key initiatives and technology invest-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00229 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
230
1 ments related to operational energy demand and
2 management.
3 ‘‘(E) Details of the amounts of any funds
4 transferred by the Secretary of Defense pursuant
5 to section 2912 of this title, including a detailed
6 description of the purpose for which such
7 amounts have been used.
8 ‘‘(2) Statistical information on operational en-
9 ergy demands of the Department, in terms of expendi-
10 tures and consumption, for the preceding five fiscal
11 years, including information on funding made avail-
12 able in regular defense appropriations Acts and any
13 supplemental appropriations Acts.
14 ‘‘(3) A description of each initiative related to
15 the operational energy strategy of the Department
16 and a summary of funds appropriated for each ini-
17 tiative in the previous fiscal year and current fiscal
18 year and requested for each initiative for the next five
19 fiscal years.
20 ‘‘(4) Such recommendations as the Secretary
21 considers appropriate for additional changes in orga-
22 nization or authority within the Department to en-
23 able further implementation of the energy strategy
24 and such other comments and recommendations as the
25 Secretary considers appropriate.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00230 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
231
1 ‘‘(c) CLASSIFIED FORM.—If a report under subsection
2 (a) is submitted in classified form, the Secretary of Defense
3 shall, concurrently with such report, submit to the congres-
4 sional defense committees an unclassified version of the re-
5 port.
6 ‘‘(d) CONSOLIDATION.—The Secretary of Defense may
7 consolidate, attach with, or otherwise include in any report
8 required under subsection (a) any annual report or other
9 requirement that is aligned or associated with, or would
10 be better understood if presented as part of a consolidated
11 report addressing energy performance, resilience, and readi-
12 ness.’’.
13 (2) CLERICAL AMENDMENT.—The table of sec-
14 tions at the beginning of subchapter III of chapter
15 173 of such title is amended by striking the item re-
16 lating to section 2925 and inserting the following new
17 item:
‘‘2925. Annual report on energy performance, resilience, and readiness of Depart-
ment of Defense.’’.
18 (c) CONTINUATION OF REPORTING REQUIREMENTS.—
19 (1) IN GENERAL.—Section 1080(a) of the Na-
20 tional Defense Authorization Act for Fiscal Year 2016
21 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111
22 note) does not apply to the following reports:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00231 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
232
1 (A) The report required to be submitted to
2 Congress under section 2711 of title 10, United
3 States Code.
4 (B) The report required to be submitted to
5 Congress under section 2925 of title 10, United
6 States Code.
7 (2) CONFORMING REPEAL.—Section 1061(c) of
8 National Defense Authorization Act for Fiscal Year
9 2017 (Public Law 114–328; 10 U.S.C. 111 note) is
10 amended by striking paragraphs (51) and (54).
11 SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEAS-
12 URES AND FUNDING.
13 Section 2911 of title 10, United States Code, is amend-
14 ed by adding at the end the following new subsection:
15 ‘‘(j) AGGREGATE ENERGY CONSERVATION MEASURES
16 AND FUNDING.—(1) To the maximum extent practicable,
17 the Secretary concerned shall take a holistic view of the en-
18 ergy project opportunities on installations under the juris-
19 diction of such Secretary and shall consider aggregate en-
20 ergy conservation measures, including energy conservation
21 measures with quick payback, with energy resilience en-
22 hancement projects and other projects that may have a
23 longer payback period.
24 ‘‘(2) In considering aggregate energy conservation
25 measures under paragraph (1), the Secretary concerned
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00232 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
233
1 shall incorporate all funding available to such Secretary for
2 such measures, including—
3 ‘‘(A) appropriated funds, such as—
4 ‘‘(i) funds appropriated for the Energy Re-
5 silience and Conservation Investment Program of
6 the Department; and
7 ‘‘(ii) funds appropriated for the Facilities
8 Sustainment, Restoration, and Modernization
9 program of the Department; and
10 ‘‘(B) funding available under performance con-
11 tracts, such as energy savings performance contracts
12 and utility energy service contracts.’’.
13 SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR EN-
14 ERGY PERFORMANCE GOALS AND ENERGY
15 PERFORMANCE MASTER PLAN.
16 Section 2911(e) of title 10, United States Code, is
17 amended by adding at the end the following new para-
18 graphs:
19 ‘‘(14) The reliability and security of energy re-
20 sources in the event of a military conflict.
21 ‘‘(15) The value of resourcing energy from part-
22 ners and allies of the United States.’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
234
1 SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMIS-
2 SION, ADVANCED-BIOFUEL-POWERED, OR HY-
3 DROGEN-POWERED VEHICLES FOR THE DE-
4 PARTMENT OF DEFENSE.
5 (a) REQUIREMENT.—Section 2922g of title 10, United
6 States Code, is amended—
7 (1) in the heading, by striking ‘‘systems’’ and
8 inserting ‘‘systems; purchase or lease of cer-
9 tain electric and other vehicles’’;
10 (2) in subsection (a), by striking ‘‘In leasing’’
11 and inserting ‘‘During the period preceding October
12 1, 2035, in leasing’’;
13 (3) in subsection (c), by inserting ‘‘, during the
14 period specified in subsection (a),’’ after ‘‘from au-
15 thorizing’’; and
16 (4) by adding at the end the following new sub-
17 sections:
18 ‘‘(d) REQUIREMENT.—Except as provided in sub-
19 section (e), beginning on October 1, 2035, each covered non-
20 tactical vehicle purchased or leased by or for the use of the
21 Department of Defense shall be—
22 ‘‘(1) an electric or zero emission vehicle that uses
23 a charging connector type (or other means to trans-
24 mit electricity to the vehicle) that meets applicable in-
25 dustry accepted standards for interoperability and
26 safety;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00234 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
235
1 ‘‘(2) an advanced-biofuel-powered vehicle; or
2 ‘‘(3) a hydrogen-powered vehicle.
3 ‘‘(e) RELATION TO OTHER VEHICLE TECHNOLOGIES
4 THAT REDUCE CONSUMPTION OF FOSSIL FUELS.—Not-
5 withstanding the requirement under subsection (d), begin-
6 ning on October 1, 2035, the Secretary of Defense may au-
7 thorize the purchase or lease of a covered nontactical vehicle
8 that is not described in such subsection if the Secretary de-
9 termines, on a case-by-case basis, that—
10 ‘‘(1) the technology used in the vehicle to be pur-
11 chased or leased reduces the consumption of fossil
12 fuels compared to vehicles that use conventional inter-
13 nal combustion technology;
14 ‘‘(2) the purchase or lease of such vehicle is con-
15 sistent with the energy performance goals and plan of
16 the Department of Defense required by section 2911 of
17 this title; and
18 ‘‘(3) the purchase or lease of a vehicle described
19 in subsection (d) is impracticable under the cir-
20 cumstances.
21 ‘‘(f) WAIVER.—(1) The Secretary of Defense may
22 waive the requirement under subsection (d).
23 ‘‘(2) The Secretary of Defense may not delegate the
24 waiver authority under paragraph (1).
25 ‘‘(g) DEFINITIONS.—In this section:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00235 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
236
1 ‘‘(1) The term ‘advanced-biofuel-powered vehicle’
2 includes a vehicle that uses a fuel described in section
3 9001(3)(A) of the Farm Security and Rural Invest-
4 ment Act of 2202 (7 U.S.C. 8101(3)(A)).
5 ‘‘(2) The term ‘covered nontactical vehicle’ means
6 any vehicle—
7 ‘‘(A) that is not a tactical vehicle designed
8 for use in combat; and
9 ‘‘(B) that is purchased or leased by the De-
10 partment of Defense pursuant to a contract en-
11 tered into, renewed, modified, or amended on or
12 after October 1, 2035.
13 ‘‘(3) The term ‘hydrogen-powered vehicle’ means
14 a vehicle that uses hydrogen as the main source of
15 motive power, either through a fuel cell or internal
16 combustion.’’.
17 (b) CLERICAL AMENDMENT.—The table of sections at
18 the beginning of subchapter II of chapter 173 of such title
19 is amended by striking the item relating to section 2922g
20 and inserting the following new item:
‘‘2922g. Preference for motor vehicles using electric or hybrid propulsion systems;
purchase or lease of certain electric and other vehicles.’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00236 Fmt 6652 Sfmt 6213 Z:\XMLBILLS\H7776.EAH NODE
237
1 SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPART-
2 MENT OF DEFENSE RELATING TO RENEW-
3 ABLE BIOMASS AND BIOGAS.
4 Section 2924 of title 10, United States Code, is amend-
5 ed—
6 (1) in paragraph (6)—
7 (A) by redesignating subparagraphs (D)
8 through (I) as subparagraphs (E) through (J),
9 respectively; and
10 (B) by inserting after subparagraph (C) the
11 following new subparagraph (D):
12 ‘‘(D) Biogas.’’; and
13 (2) by adding at the end the following new para-
14 graphs:
15 ‘‘(7) The term ‘biomass’ has the meaning given
16 the term ‘renewable biomass’ in section 211(o)(1) of
17 the Clean Air Act (42 U.S.C. 7545(o)(1)).
18 ‘‘(8) The term ‘biogas’ means biogas as such term
19 is used in section 211(o)(1)(B)(ii)(V) of the Clean Air
20 Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)).’’.
21 SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON RE-
22 DUCTION OF FUEL RELIANCE AND PRO-
23 MOTION OF ENERGY-AWARE BEHAVIORS.
24 (a) ESTABLISHMENT.—Subchapter III of chapter 173
25 of title 10, United States Code, is amended by adding at
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00237 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
238
1 the end the following new section (and conforming the table
2 of sections at the beginning of such subchapter accordingly):
3 ‘‘§ 2928. Programs on reduction of fuel reliance and
4 promotion of energy-aware behaviors
5 ‘‘(a) ESTABLISHMENT.—Each Secretary of a military
6 department shall establish a program for the promotion of
7 energy-aware behaviors and the reduction of unnecessary
8 fuel consumption within that military department.
9 ‘‘(b) GOALS.—The goals of the programs established
10 under subsection (a) shall be as follows:
11 ‘‘(1) To increase operational energy resiliency.
12 ‘‘(2) To decrease energy-related strategic
13 vulnerabilities and enhance military readiness.
14 ‘‘(3) To integrate sustainability features for new
15 and existing military installations and other facilities
16 of the Department.
17 ‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the
18 program of a military department under subsection (a), the
19 Secretary of the military department shall carry out, with
20 respect to the military department, and at a minimum, the
21 following:
22 ‘‘(1) The development and implementation of a
23 strategy for the collection and analysis of data on fuel
24 consumption, to identify operational inefficiencies
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00238 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
239
1 and enable data-driven decision making with respect
2 to fuel logistics and the reduction of fuel consumption.
3 ‘‘(2) The fostering of an energy-aware culture
4 across the military department to reduce fuel con-
5 sumption, including through—
6 ‘‘(A) the incorporation of energy conserva-
7 tion and resiliency principles into training cur-
8 ricula and other training materials of the mili-
9 tary department, including by updating such
10 materials to include information on the effect of
11 energy-aware behaviors on improving readiness
12 and combat capability; and
13 ‘‘(B) the review of standard operating pro-
14 cedures, and other operational manuals and pro-
15 cedures, of the military department, to identify
16 procedures that increase fuel consumption with
17 no operational benefit.
18 ‘‘(3) The integration of operational energy fac-
19 tors into the wargaming of the military department
20 and related training activities that involve the mod-
21 eling of scenarios, in accordance with subsection (d),
22 to provide to participants in such activities realistic
23 data on the risks and challenges relating to oper-
24 ational energy and fuel logistics.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00239 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
240
1 ‘‘(4) The implementation of data-driven proce-
2 dures, operations planning, and logistics, to optimize
3 cargo transport and refueling operations within the
4 military department.
5 ‘‘(d) WARGAMING ELEMENTS.—In integrating oper-
6 ational energy factors into the wargaming and related
7 training activities of a military department under sub-
8 section (c)(3), the Secretary of the military department
9 shall seek to ensure that the planning, design, and execution
10 of such activities include—
11 ‘‘(1) coordination with the elements of the mili-
12 tary department responsible for fuel and logistics
13 matters, to ensure the modeling of energy demand and
14 network risk during such activities are accurate, tak-
15 ing into account potential shortfalls and the direct
16 and indirect effects of the efforts of foreign adversaries
17 to target fuel supply chains; and
18 ‘‘(2) a focus on improving integrated life-cycle
19 management processes and fuel supply logistics.’’.
20 (b) DEADLINE FOR ESTABLISHMENT.—The programs
21 required under section 2928 of title 10, United States Code,
22 as added by subsection (a), shall be established by not later
23 than 180 days after the date of the enactment of this Act.
24 (c) BRIEFING.—Not later than 180 days after the date
25 of enactment of this Act, each Secretary of a military de-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
241
1 partment shall provide to the congressional defense commit-
2 tees a briefing on the establishment of the program of the
3 military department required under such section 2928.
4 SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO
5 DETERMINE JOINT REQUIREMENTS FOR FU-
6 TURE OPERATIONAL ENERGY NEEDS OF DE-
7 PARTMENT OF DEFENSE.
8 Section 352 of the National Defense Authorization Act
9 for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1653)
10 is amended by adding at the end the following new sub-
11 section:
12 ‘‘(e) ESTABLISHMENT OF JOINT WORKING GROUP TO
13 DETERMINE JOINT REQUIREMENTS FOR FUTURE OPER-
14 ATIONAL ENERGY NEEDS OF DEPARTMENT OF DEFENSE.—
15 ‘‘(1) ESTABLISHMENT.—The Secretary of Defense
16 shall establish a joint working group (in this sub-
17 section referred to as the ‘working group’) to deter-
18 mine joint requirements for future operational energy
19 needs of the Department of Defense.
20 ‘‘(2) EXECUTIVE AGENT.—The Secretary of the
21 Air Force shall serve as the executive agent of the
22 working group.
23 ‘‘(3) REQUIREMENTS SPECIFIED.—
24 ‘‘(A) IN GENERAL.—In determining joint
25 requirements under paragraph (1), the working
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00241 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
242
1 group shall address the operational energy needs
2 of each military department and combatant com-
3 mand to meet energy needs in all domains of
4 warfare, including land, air, sea, space, cyber-
5 space, subsea, and subterranean environments.
6 ‘‘(B) PRIORITY FOR CERTAIN SYSTEMS.—
7 Priority for joint requirements under paragraph
8 (1) shall be given to independent operational en-
9 ergy systems that—
10 ‘‘(i) are capable of operating in austere
11 and isolated environments with quick de-
12 ployment capabilities; and
13 ‘‘(ii) may reduce conventional air pol-
14 lution and greenhouse gas emissions com-
15 parable to systems already in use.
16 ‘‘(4) EXISTING OR NEW PROGRAMS.—The work-
17 ing group shall address the feasibility of meeting joint
18 requirements determined under paragraph (1)
19 through the existing energy programs of the Depart-
20 ment and make recommendations for new programs
21 to meet such requirements.
22 ‘‘(5) FOCUS AREAS.—In carrying out the re-
23 quirements under this subsection, the working group
24 shall focus the efforts of the working group on oper-
25 ational energy, including—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
243
1 ‘‘(A) micro-reactors and small modular re-
2 actors;
3 ‘‘(B) hydrogen-based fuel systems, including
4 hydrogen fuel cells and hydrogen-based combus-
5 tion engines;
6 ‘‘(C) battery storage;
7 ‘‘(D) renewable energy sources;
8 ‘‘(E) retrofits to existing platforms that
9 shall increase efficiencies; and
10 ‘‘(F) other technologies and resources that
11 meet joint requirements determined under para-
12 graph (1).
13 ‘‘(6) RECOMMENDED PLAN OF ACTION.—
14 ‘‘(A) IN GENERAL.—Not later than 180
15 days after the date of the enactment of this sub-
16 section, the Secretary shall submit to the congres-
17 sional defense committees a report, and provide
18 to the congressional defense committees a classi-
19 fied briefing, outlining recommendations for pro-
20 grams to meet joint requirements for future oper-
21 ational energy needs of the Department of De-
22 fense by 2025, 2030, and 2040.
23 ‘‘(B) FOCUS ON READINESS AND FLEXI-
24 BILITY.—In submitting the report and providing
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00243 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
244
1 the briefing under subparagraph (A), the Sec-
2 retary shall—
3 ‘‘(i) address each element of the report
4 or briefing, as the case may be, in the con-
5 text of maintaining or increasing the readi-
6 ness levels of the Armed Forces and the
7 flexibility of operational elements within the
8 Department; and
9 ‘‘(ii) disregard energy sources that do
10 not increase such readiness and flexibility,
11 with an explanation for the reason such
12 sources were disregarded.
13 ‘‘(C) FORM.—The report under subpara-
14 graph (A) shall be submitted in unclassified
15 form, but may include a classified annex.
16 ‘‘(7) DEFINITIONS.—In this subsection:
17 ‘‘(A) The term ‘advanced nuclear reactor’
18 has the meaning given that term in section
19 951(b) of the Energy Policy Act of 2005 (42
20 U.S.C. 16271(b)).
21 ‘‘(B) The term ‘micro-reactor’ means an ad-
22 vanced nuclear reactor that has an electric power
23 production capacity that is not greater than 50
24 megawatts that can be transported via land, air,
25 or sea transport and can be redeployed.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
245
1 ‘‘(C) The term ‘small modular reactor’
2 means an advanced nuclear reactor—
3 ‘‘(i) with a rated capacity of less than
4 300 electrical megawatts; or
5 ‘‘(ii) that can be constructed and oper-
6 ated in combination with similar reactors
7 at a single site.’’.
8 SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF
9 DEFENSE RELATING TO EXTREME WEATHER.
10 Section 328(a) of the National Defense Authorization
11 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
12 221 note) is amended—
13 (1) in paragraph (1), by striking ‘‘; and’’ and
14 inserting a semicolon;
15 (2) in paragraph (2), by striking the period at
16 the end and inserting ‘‘; and’’; and
17 (3) by inserting after paragraph (2) the fol-
18 lowing new paragraph:
19 ‘‘(3) a calculation of the annual costs to the De-
20 partment for—
21 ‘‘(A) assistance that is—
22 ‘‘(i) provided to the Federal Emergency
23 Management Agency or any Federal land
24 management agency (as such term is de-
25 fined in section 802 of the Federal Lands
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00245 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
246
1 Recreation Enhancement Act (16 U.S.C.
2 6801)) pursuant to a request for such assist-
3 ance and in consultation with the National
4 Interagency Fire Center; or
5 ‘‘(ii) provided under title 10 or title
6 32, United States Code, to any State, terri-
7 tory, or possession of the United States, re-
8 garding extreme weather; and
9 ‘‘(B) resourcing required to support—
10 ‘‘(i) wildfire response, recovery, or res-
11 toration efforts occurring within military
12 installations or other facilities of the De-
13 partment; or
14 ‘‘(ii) any Federal agency other than
15 the Department (including the Federal
16 Emergency Management Agency and the
17 National Interagency Fire Center) with re-
18 spect to wildfire response, recovery, or res-
19 toration efforts, where such resourcing is not
20 reimbursed.’’.
21 SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS
22 FOR ENERGY RESILIENCE AT CERTAIN MILI-
23 TARY INSTALLATIONS.
24 (a) IN GENERAL.—Subject to the availability of appro-
25 priations for such purpose, each Secretary of a military de-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00246 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
247
1 partment shall ensure that covered prototype and dem-
2 onstration projects are conducted at each military installa-
3 tion under the jurisdiction of that Secretary that is des-
4 ignated by the Secretary of Defense as an ‘‘Energy Resil-
5 ience Testbed’’ pursuant to subsection (b).
6 (b) SELECTION OF MILITARY INSTALLATIONS.—
7 (1) NOMINATION.—Each Secretary of a military
8 department shall nominate military installations
9 under the jurisdiction of that Secretary for selection
10 under paragraph (2), and submit to the Secretary of
11 Defense a list of such nominations.
12 (2) SELECTION.—Not later than one year after
13 the date of the enactment of this Act, the Secretary of
14 Defense shall select, from among the lists of nomi-
15 nated military installations provided by the Secre-
16 taries of the military departments under paragraph
17 (1), at least one such nominated military installation
18 per military department for designation pursuant to
19 paragraph (4).
20 (3) CONSIDERATIONS.—In selecting military in-
21 stallations under paragraph (2), the Secretary of De-
22 fense shall, to the extent practicable, take into consid-
23 eration the following:
24 (A) The mission of the installation.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00247 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
248
1 (B) The geographic terrain of the installa-
2 tion and of the community surrounding the in-
3 stallation.
4 (C) The energy resources available to sup-
5 port the installation.
6 (D) An assessment of any extreme weather
7 risks or vulnerabilities at the installation and
8 the community surrounding the installation.
9 (4) DESIGNATION AS ENERGY RESILIENCE
10 TESTBED.—Each military installation selected under
11 paragraph (2) shall be known as an ‘‘Energy Resil-
12 ience Testbed’’.
13 (c) COVERED TECHNOLOGIES.—Covered prototype and
14 demonstration projects conducted at military installations
15 designated pursuant to subsection (b) shall include the pro-
16 totype and demonstration of technologies in the following
17 areas:
18 (1) Energy storage technologies, including long-
19 duration energy storage systems.
20 (2) Technologies to improve building energy effi-
21 ciency in a cyber-secure manner, such as advanced
22 lighting controls, high-performance cooling systems,
23 and technologies for waste heat recovery.
24 (3) Technologies to improve building energy
25 management and control in a cyber-secure manner.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00248 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
249
1 (4) Tools and processes for design, assessment,
2 and decision making on the installation with respect
3 to all hazards resilience and hazard analysis, energy
4 use, management, and the construction of resilient
5 buildings and infrastructure.
6 (5) Carbon sequestration technologies.
7 (6) Technologies relating to on-site resilient en-
8 ergy generation, including the following:
9 (A) Advanced geothermal technologies.
10 (B) Advanced nuclear technologies, includ-
11 ing small modular reactors.
12 (7) Port electrification and surrounding defense
13 community infrastructure.
14 (8) Tidal and wave power technologies.
15 (9) Distributed ledger technologies.
16 (d) BRIEFING.—Not later than one year after the date
17 of the enactment of this Act, the Secretary of Defense, in
18 consultation with the Secretaries of the military depart-
19 ments, shall provide to the appropriate congressional com-
20 mittees a briefing on the conduct of covered prototype and
21 demonstration projects at each military installation des-
22 ignated pursuant to subsection (b). Such briefing shall in-
23 clude the following:
24 (1) An identification of each military installa-
25 tion so designated.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00249 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
250
1 (2) A justification as to why each military in-
2 stallation so designated was selected for such designa-
3 tion.
4 (3) A strategy for commencing the conduct of
5 such projects at each military installation so des-
6 ignated by not later than one year after the date of
7 the enactment of this Act.
8 (e) DEADLINE FOR COMMENCEMENT OF PROJECTS.—
9 Beginning not later than one year after the date of the en-
10 actment of this Act, covered prototype and demonstration
11 projects shall be conducted at, and such conduct shall be
12 incorporated into the mission of, each military installation
13 designated pursuant to subsection (b).
14 (f) RESPONSIBILITY FOR ADMINISTRATION AND OVER-
15 SIGHT.—Notwithstanding the responsibility of the Sec-
16 retary of Defense to select each military installation for des-
17 ignation pursuant to subsection (b)(2), the administration
18 and oversight of the conduct of covered prototype and dem-
19 onstration projects at a military installation so designated,
20 as required under subsection (a), shall be the responsibility
21 of the Secretary of the military department with jurisdic-
22 tion over that military installation.
23 (g) CONSORTIUMS.—
24 (1) IN GENERAL.—Each Secretary of a military
25 department may enter into a partnership with, or
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00250 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
251
1 seek to establish, a consortium of industry, academia,
2 and other entities described in paragraph (2) to con-
3 duct covered prototype and demonstration projects at
4 a military installation that is under the jurisdiction
5 of that Secretary and designated by the Secretary of
6 Defense pursuant to subsection (b).
7 (2) CONSORTIUM ENTITIES.—The entities de-
8 scribed in this paragraph are as follows:
9 (A) National laboratories.
10 (B) Industry entities the primary work of
11 which relates to technologies and business models
12 relating to energy resilience and all hazards re-
13 silience.
14 (h) AUTHORITIES.—
15 (1) IN GENERAL.—Covered prototype and dem-
16 onstration projects required under this section may be
17 conducted as part of the program for operational en-
18 ergy prototyping established under section 324(c) of
19 the William M. (Mac) Thornberry National Defense
20 Authorization Act for Fiscal Year 2021 (Public Law
21 116–283; 134 Stat. 3523; 10 U.S.C. 2911 note) (in-
22 cluding by using funds available under the Oper-
23 ational Energy Prototyping Fund established pursu-
24 ant to such section), using the other transactions au-
25 thority under section 4021 or 4022 of title 10, United
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00251 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
252
1 States Code, or using any other available authority or
2 funding source the Secretary of Defense determines
3 appropriate.
4 (2) FOLLOW-ON PRODUCTION CONTRACTS OR
5 TRANSACTIONS.—Each Secretary of a military de-
6 partment shall ensure that, to the extent practicable,
7 any transaction entered into under the other trans-
8 actions authority under section 4022 of title 10,
9 United States Code, for the conduct of a covered pro-
10 totype and demonstration project under this section
11 shall provide for the award of a follow-on production
12 contract or transaction pursuant to subsection (f) of
13 such section 4022.
14 (i) INTERAGENCY COLLABORATION.—In carrying out
15 this section, to the extent practicable, the Secretary of De-
16 fense shall collaborate with the Secretary of Energy and the
17 heads of such other Federal departments and agencies as
18 the Secretary of Defense may determine appropriate, in-
19 cluding by entering into relevant memoranda of under-
20 standing.
21 (j) RULE OF CONSTRUCTION.—Nothing in this section
22 shall be construed as precluding any Secretary of a military
23 department from carrying out any activity, including con-
24 ducting a project or making an investment, relating to the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00252 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
253
1 improvement of energy resilience or all hazards resilience
2 under an authority other than this section.
3 (k) DEFINITIONS.—In this section:
4 (1) The term ‘‘appropriate congressional com-
5 mittees’’ means—
6 (A) the Committee on Armed Services and
7 the Committee on Energy and Commerce of the
8 House of Representatives; and
9 (B) the Committee on Armed Services and
10 the Committee on Energy and Natural Resources
11 of the Senate.
12 (2) The term ‘‘community infrastructure’’ has
13 the meaning given that term in section 2391(e) of
14 title 10, United States Code.
15 (3) The term ‘‘covered prototype and demonstra-
16 tion project’’ means a project to prototype and dem-
17 onstrate advanced technologies to enhance energy re-
18 silience, including with respect to energy supply dis-
19 ruptions, and all hazards resilience at a military in-
20 stallation.
21 (4) The term ‘‘military installation’’ has the
22 meaning given that term in section 2867 of title 10,
23 United States Code.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00253 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
254
1 SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELEC-
2 TRIC VEHICLE CHARGING SOLUTIONS TO
3 MITIGATE GRID STRESS.
4 (a) IN GENERAL.—The Secretary of Defense, in coordi-
5 nation with the Secretaries of the military departments,
6 and in consultation with the Secretary of Energy, shall
7 carry out a pilot program to develop and test covered infra-
8 structure to mitigate grid stress caused by electric vehicles
9 through the implementation and maintenance on certain
10 military installations of charging stations, microgrids, and
11 other covered infrastructure sufficient to cover the energy
12 demand at such installations.
13 (b) SELECTION OF MILITARY INSTALLATIONS.—
14 (1) SELECTION.—Not later than 180 days after
15 the date of the enactment of this Act, each Secretary
16 of a military department shall—
17 (A) select at least one military installation
18 of each Armed Force under the jurisdiction of
19 that Secretary at which to carry out the pilot
20 program under subsection (a); and
21 (B) submit to the Committees on Armed
22 Services of the House of Representatives and the
23 Senate a notification containing an identifica-
24 tion of each such selected installation.
25 (2) CONSIDERATIONS.—In choosing a military
26 installation for selection pursuant to paragraph (1),
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00254 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
255
1 each Secretary of a military department shall take
2 into account the following:
3 (A) A calculation of existing loads at the
4 installation and the existing capacity of the in-
5 stallation for the charging of electric vehicles, in-
6 cluding (as applicable) light duty trucks.
7 (B) Any required upgrades to covered infra-
8 structure on the installation, including electrical
9 wiring, anticipated by the Secretary.
10 (C) The ownership, financing, operation,
11 and maintenance models of existing and planned
12 covered infrastructure on the installation.
13 (D) An assessment of local grid needs, and
14 any required updates relating to such needs an-
15 ticipated by the Secretary.
16 (c) REPORT.—
17 (1) IN GENERAL.—Not later than one year after
18 the date on which a Secretary of a military depart-
19 ment submits a notification identifying a selected
20 military installation under subsection (b), that Sec-
21 retary shall submit to the Committee on Armed Serv-
22 ices and the Committee on Energy and Commerce of
23 the House of Representatives and the Committee on
24 Armed Services of the Senate a report on—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00255 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
256
1 (A) the covered infrastructure to be imple-
2 mented under the pilot program at the installa-
3 tion;
4 (B) the methodology by which each type of
5 covered infrastructure so implemented shall be
6 assessed for efficacy and efficiency at providing
7 sufficient energy to cover the anticipated energy
8 demand of the electric vehicle fleet at the instal-
9 lation and mitigating grid stress; and
10 (C) the maintenance on the military instal-
11 lation of charging stations and other covered in-
12 frastructure, including a microgrid, that will be
13 sufficient to—
14 (i) cover the anticipated electricity de-
15 mand of such fleet; and
16 (ii) improve installation energy resil-
17 ience.
18 (2) ELEMENTS.—Each report under paragraph
19 (1) shall include, with respect to the selected military
20 installation for which the report is submitted, the fol-
21 lowing:
22 (A) A determination of the type and num-
23 ber of charging stations to implement on the in-
24 stallation, taking into account the interoper-
25 ability of chargers and the potential future needs
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00256 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
257
1 or applications for chargers, such as vehicle-to-
2 grid or vehicle-to-building applications.
3 (B) A determination of the optimal owner-
4 ship model to provide charging stations on the
5 installation, taking into account the following:
6 (i) Use of Government-owned (pur-
7 chased, installed, and maintained) charging
8 stations.
9 (ii) Use of third-party financed, in-
10 stalled, operated, and maintained charging
11 stations.
12 (iii) Use of financing models in which
13 energy and charging infrastructure oper-
14 ations and maintenance are treated as a
15 service.
16 (iv) Cyber and physical security con-
17 siderations and best practices associated
18 with different ownership, network, and con-
19 trol models.
20 (C) A determination of the optimal power
21 source to provide charging stations at the instal-
22 lation, taking into account the following:
23 (i) Transformer and substation re-
24 quirements.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00257 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
258
1 (ii) Microgrids and distributed energy
2 to support both charging requirements and
3 energy storage.
4 (3) SOURCE OF SERVICES.—Each Secretary of a
5 military department may use expertise within the
6 military department or enter into a contract with a
7 non-Department of Defense entity to make the deter-
8 minations specified in paragraph (2).
9 (d) FINAL REPORT.—Not later than January 1, 2025,
10 the Secretary of Defense shall submit to the congressional
11 committees specified in subsection (c)(1) a final report on
12 the pilot program under subsection (a). Such report shall
13 include the observations and findings of the Department re-
14 lating to the charging stations and other covered infrastruc-
15 ture implemented and maintained under such pilot pro-
16 gram, including with respect to the elements specified in
17 subsection (c)(2).
18 (e) DEFINITIONS.—In this section:
19 (1) The terms ‘‘Armed Forces’’ and ‘‘military de-
20 partments’’ have the meanings given those terms in
21 section 101 of title 10, United States Code.
22 (2) The term ‘‘charging station’’ means a collec-
23 tion of one or more electric vehicle supply equipment
24 units serving the purpose of charging an electric vehi-
25 cle battery.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00258 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
259
1 (3) The term ‘‘covered infrastructure’’—
2 (A) means infrastructure that the Secretary
3 of Defense determines may be used to—
4 (i) charge electric vehicles, including
5 by transmitting electricity to such vehicles
6 directly; or
7 (ii) support the charging of electric ve-
8 hicles, including by supporting the resil-
9 ience of grids or other systems for delivering
10 energy to such vehicles (such as through the
11 mitigation of grid stress); and
12 (B) includes—
13 (i) charging stations;
14 (ii) batteries;
15 (iii) battery-swapping systems;
16 (iv) microgrids;
17 (v) off-grid charging systems; and
18 (vi) other apparatuses installed for the
19 specific purpose of delivering energy to an
20 electric vehicle or to a battery intended to be
21 used in an electric vehicle, including wire-
22 less charging technologies.
23 (4) The term ‘‘electric vehicle’’ includes—
24 (A) a plug-in hybrid electric vehicle that
25 uses a combination of electric and gas powered
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00259 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
260
1 engine that can use either gasoline or electricity
2 as a fuel source; and
3 (B) a plug-in electric vehicle that runs sole-
4 ly on electricity and does not contain an inter-
5 nal combustion engine or gas tank.
6 (5) The term ‘‘electric vehicle supply equipment
7 unit’’ means the port that supplies electricity to one
8 vehicle at a time.
9 (6) The term ‘‘microgrid’’ means a group of
10 interconnected loads and distributed energy resources
11 within clearly defined electrical boundaries that acts
12 as a single controllable entity with respect to the grid.
13 (7) The term ‘‘military installation’’ has the
14 meaning given that term in section 2801 of title 10,
15 United States Code.
16 (8) The term ‘‘wireless charging’’ means the
17 charging of a battery by inductive charging or by any
18 means in which a battery is charged without a wire,
19 or plug-in wire, connecting the power source and bat-
20 tery.
21 SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIA-
22 TION FUEL.
23 (a) PILOT PROGRAM REQUIRED.—
24 (1) IN GENERAL.—Subject to the availability of
25 appropriations for such purpose, the Secretary of De-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00260 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
261
1 fense shall conduct a pilot program on the use of sus-
2 tainable aviation fuel by the Department of Defense
3 (in this section referred to as the ‘‘pilot program’’).
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 by
8 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 fuel.
16 (b) SELECTION OF FACILITIES.—
17 (1) SELECTION.—
18 (A) IN GENERAL.—Not later than one year
19 after the date of the enactment of this Act, the
20 Secretary of Defense shall select not fewer than
21 two geographically diverse facilities of the De-
22 partment at which to carry out the pilot pro-
23 gram.
24 (B) ONSITE REFINERY.—Not fewer than one
25 facility selected under subparagraph (A) shall be
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00261 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
262
1 a facility with an onsite refinery that is located
2 in proximity to not fewer than one major com-
3 mercial airport that is also actively seeking to
4 increase the use of sustainable aviation fuel.
5 (2) NOTICE TO CONGRESS.—Upon the selection
6 of each facility under paragraph (1), the Secretary
7 shall submit to the appropriate congressional commit-
8 tees notice of the selection, including an identification
9 of the facility selected.
10 (c) USE OF SUSTAINABLE AVIATION FUEL.—
11 (1) PLANS.—For each facility selected under sub-
12 section (b), not later than one year after the selection
13 of the facility, the Secretary shall—
14 (A) develop a plan on how to implement, by
15 September 30, 2028, a target of exclusively using
16 at the facility aviation fuel that is blended to
17 contain not less than 10 percent sustainable
18 aviation fuel;
19 (B) submit the plan developed under sub-
20 paragraph (A) to the appropriate congressional
21 committees; and
22 (C) provide to the appropriate congressional
23 committees a briefing on such plan that includes,
24 at a minimum—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00262 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
263
1 (i) a description of any operational,
2 infrastructure, or logistical requirements,
3 and recommendations, for the blending and
4 use of sustainable aviation fuel; and
5 (ii) a description of any stakeholder
6 engagement in the development of the plan,
7 including any consultations with nearby
8 commercial airport owners or operators.
9 (2) IMPLEMENTATION OF PLANS.—For each facil-
10 ity selected under subsection (b), during the period be-
11 ginning on a date that is not later than September
12 30, 2028, and for five years thereafter, the Secretary
13 shall require, in accordance with the respective plan
14 developed under paragraph (1), the exclusive use at
15 the facility of aviation fuel that is blended to contain
16 not less than 10 percent sustainable aviation fuel.
17 (d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.—
18 Sustainable aviation fuel used under the pilot program
19 shall meet the following criteria:
20 (1) Such fuel shall be produced in the United
21 States from domestic feedstock sources.
22 (2) Such fuel shall constitute drop-in fuel that
23 meets all specifications and performance requirements
24 of the Department of Defense and the Armed Forces.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00263 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
264
1 (e) WAIVER.—The Secretary may waive the use of sus-
2 tainable aviation fuel at a facility under the pilot program
3 if the Secretary—
4 (1) determines such use is not feasible due to a
5 lack of domestic availability of sustainable aviation
6 fuel or a national security contingency; and
7 (2) submits to the congressional defense commit-
8 tees notice of such waiver and the reasons for such
9 waiver.
10 (f) FINAL REPORT.—
11 (1) IN GENERAL.—At the conclusion of the pilot
12 program, the Assistant Secretary of Defense for En-
13 ergy, Installations, and Environment shall submit to
14 the appropriate congressional committees a final re-
15 port on the pilot program.
16 (2) ELEMENTS.—The report under paragraph
17 (1) shall include each of the following:
18 (A) An assessment of the effect of using sus-
19 tainable aviation fuel on the overall fuel costs of
20 blended fuel.
21 (B) A description of any operational, infra-
22 structure, or logistical requirements, and rec-
23 ommendations, for the blending and use of sus-
24 tainable aviation fuel, with a focus on scaling up
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00264 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
265
1 adoption of such fuel throughout the Armed
2 Forces.
3 (C) Recommendations with respect to how
4 military installations can leverage proximity to
5 commercial airports and other jet fuel consumers
6 to increase the rate of use of sustainable aviation
7 fuel, for both military and non-military use, in-
8 cluding potential collaboration on innovative fi-
9 nancing or purchasing and shared supply chain
10 infrastructure.
11 (D) A description of the effects on perform-
12 ance and operation of aircraft using sustainable
13 aviation fuel, including—
14 (i) if used, considerations of various
15 blending ratios and the associated benefits
16 thereof;
17 (ii) efficiency and distance improve-
18 ments of flights using sustainable aviation
19 fuel;
20 (iii) weight savings on large transpor-
21 tation aircraft and other types of aircraft
22 by using blended fuel with higher concentra-
23 tions of sustainable aviation fuel;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00265 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
266
1 (iv) maintenance benefits of using sus-
2 tainable aviation fuel, including with re-
3 spect to engine longevity;
4 (v) the effect of the use of sustainable
5 aviation fuel on emissions and air quality;
6 (vi) the effect of the use of sustainable
7 aviation fuel on the environment and on
8 surrounding communities, including envi-
9 ronmental justice factors that are created by
10 the demand for and use of sustainable avia-
11 tion fuel by the Department of Defense; and
12 (vii) benefits with respect to job cre-
13 ation in the sustainable aviation fuel pro-
14 duction and supply chain.
15 (g) DEFINITIONS.—In this section:
16 (1) The term ‘‘appropriate congressional com-
17 mittees’’ means the following:
18 (A) The Committee on Armed Services and
19 the Committee on Transportation and Infra-
20 structure of the House of Representatives.
21 (B) The Committee on Armed Services and
22 the Committee on Commerce, Science, and
23 Transportation of the Senate.
24 (2) The term ‘‘sustainable aviation fuel’’ has the
25 meaning given such term in section 40007(e) of the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00266 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
267
1 Act titled ‘An Act to provide for reconciliation pursu-
2 ant to title II of S. Con. Res. 14’ (Public Law 117–
3 169).
4 SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT AD-
5 VANCED BATTERIES THROUGH RECYCLING.
6 (a) POLICY REQUIRED.—Not later than one year after
7 the date of the enactment of this Act, the Assistant Secretary
8 of Defense for Energy, Installations, and Environment, in
9 coordination with the Director of the Defense Logistics
10 Agency, shall establish a policy to increase the disposition
11 of spent advanced batteries of the Department of Defense
12 through recycling (including by updating the Department
13 of Defense Manual 4160.21, titled ‘‘Defense Material Dis-
14 position: Disposal Guidance and Procedures’’, or such suc-
15 cessor document, accordingly), for the purpose of supporting
16 the reclamation and return of precious metals, rare earth
17 metals, and elements of strategic importance (such as cobalt
18 and lithium) into the supply chain or strategic reserves of
19 the United States.
20 (b) CONSIDERATIONS.—In developing the policy under
21 subsection (a), the Assistant Secretary shall consider, at a
22 minimum, the following recycling methods:
23 (1) Pyroprocessing.
24 (2) Hydroprocessing.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00267 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
268
1 (3) Direct cathode recycling, relithiation, and
2 upcycling.
3 SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FOR-
4 MERLY USED DEFENSE SITES PROGRAMS.
5 (a) GUIDANCE RELATING TO SITE PRIORITIZATION.—
6 The Assistant Secretary of Defense for Energy, Installa-
7 tions, and Environment shall issue guidance setting forth
8 how, in prioritizing sites for activities funded under the
9 ‘‘Environmental Restoration Account, Formerly Used De-
10 fense Sites’’ account established under section 2703(a)(5) of
11 title 10, United States Code, the Assistant Secretary shall
12 weigh the relative risk or other factors between Installation
13 Restoration Program sites and Military Munitions Re-
14 sponse Program sites.
15 (b) TARGET GOAL FOR MILITARY MUNITIONS RE-
16 SPONSE PROGRAM.—The Assistant Secretary of Defense for
17 Energy, Installations, and Environment shall establish a
18 target goal for the completion of the cleanup of all Military
19 Munitions Response Program sites.
20 SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT IS-
21 LAND EFFECT ON MILITARY INSTALLATIONS.
22 (a) INSTALLATION ANALYSIS.—Each Secretary of a
23 military department shall conduct an analysis of the mili-
24 tary installations under the jurisdiction of that Secretary
25 to assess the extent to which heat islands affect readiness,
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00268 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
269
1 infrastructure service life, and utilities costs. Each such
2 analysis shall contain each of the following:
3 (1) An analysis of how heat islands exacerbate
4 summer heat conditions and necessitate the increased
5 use of air conditioning on the installations, including
6 an estimate of the cost of such increased usage with
7 respect to both utilities costs and shortened service life
8 of air conditioning units.
9 (2) An assessment of any readiness effects related
10 to heat islands, including the loss of training hours
11 due to black flag conditions, and the corresponding
12 cost of such effects.
13 (b) PLAN.—Based on the results of the analyses con-
14 ducted under subsection (a), the Secretaries of the military
15 departments shall jointly—
16 (1) develop a plan for mitigating the effects of
17 heat islands at the most severely affected installations,
18 including by increasing tree coverage, installing cool
19 roofs or green roofs, and painting asphalt; and
20 (2) promulgate best practices enterprise-wide for
21 cost avoidance and reduction of the effects of heat is-
22 lands.
23 (c) BRIEFING.—Not later than September 30, 2024, the
24 Secretaries of the military departments shall jointly provide
25 to the congressional defense committees a briefing on—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00269 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
270
1 (1) the findings of each analysis conducted under
2 subsection (a);
3 (2) the plan developed under subsection (b); and
4 (3) such other matters as the Secretaries deter-
5 mine appropriate.
6 (d) HEAT ISLAND DEFINED.—The term ‘‘heat island’’
7 means an area with a high concentration of structures (such
8 as building, roads, and other infrastructure) that absorb
9 and re-emit the sun’s heat more than natural landscapes
10 such as forests or bodies of water.
11 SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL
12 VEHICLE FLEET OF DEPARTMENT OF DE-
13 FENSE WITH ELECTRIC VEHICLES, AD-
14 VANCED-BIOFUEL-POWERED VEHICLES, OR
15 HYDROGEN-POWERED VEHICLES.
16 (a) IN GENERAL.—Until the date on which the Sec-
17 retary of Defense submits to the Committees on Armed Serv-
18 ices of the House of Representatives and the Senate the re-
19 port described in subsection (b), the Secretary may not
20 enter into an indefinite delivery-indefinite quantity deliv-
21 ery order contract to procure and replace the existing non-
22 tactical vehicle fleet of the Department of Defense with elec-
23 tric vehicles, advanced-biofuel-powered vehicles, or hydro-
24 gen-powered vehicles.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00270 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
271
1 (b) ELEMENTS.—The report described in this sub-
2 section shall include the following:
3 (1) A cost estimate for the procurement by the
4 Secretary of Defense, or through contract mechanisms
5 used by the Department (such as energy savings per-
6 formance contracts), of electric non-tactical vehicles to
7 replace the existing non-tactical vehicle fleet of the
8 Department, which shall include—
9 (A) an estimated cost per unit and number
10 of units to be procured of each type of electric
11 non-tactical vehicle (such as trucks, buses, and
12 vans);
13 (B) the cost associated with building the re-
14 quired infrastructure to support electric non-tac-
15 tical vehicles, including charging stations and
16 electric grid requirements;
17 (C) a lifecycle cost comparison between elec-
18 tric vehicles and combustion engine vehicles of
19 each type (such as an electric truck versus a con-
20 ventional truck);
21 (D) maintenance requirements of electric ve-
22 hicles compared to combustion engine vehicles;
23 and
24 (E) for each military department, a cost
25 comparison over periods of three, five, and 10
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00271 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
272
1 years of pursuing an electric non-tactical vehicle
2 fleet versus continuing with combustion engine
3 non-tactical vehicles.
4 (2) An assessment of the current and projected
5 supply chain shortfalls, including critical minerals,
6 for electric vehicles and combustion engine vehicles.
7 (3) An assessment of the security risks associated
8 with data collection conducted with respect to electric
9 vehicles, combustion engine vehicles, and the related
10 computer systems for each.
11 (4) An assessment of the current range require-
12 ments for electric vehicles compared to combustion en-
13 gine vehicles and the average life of vehicles of the De-
14 partment necessary to maintain current readiness re-
15 quirements of the Department.
16 (5) An identification of components for electric
17 non-tactical vehicles, advanced-biofuel-powered vehi-
18 cles, hydrogen-powered vehicles, and combustion en-
19 gine vehicles that are currently being sourced from the
20 People’s Republic of China.
21 (6) An assessment of the mid- and long-term
22 costs and benefits to the Department of falling behind
23 industry trends related to the adoption of alternative
24 fuel vehicles including electric vehicles, hydrogen-pow-
25 ered vehicles, and advanced-biofuel-powered vehicles.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00272 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
273
1 (7) An assessment of the long-term availability
2 to the Department of internal combustion engines and
3 spare parts for such engines, including whether or not
4 such engines and spare parts will be manufactured in
5 the United States or repairable with parts made in
6 the United States and labor in the United States.
7 (8) An assessment of the relative risks associated
8 with parking and storing electric vehicles, hydrogen-
9 powered vehicles, advanced-biofuel-powered vehicles,
10 and combustion engine vehicles inside parking struc-
11 tures, including fire risk and water damage.
12 (c) ADDITIONAL PROHIBITION.—None of the funds au-
13 thorized to be appropriated by this Act or otherwise made
14 available for the Department of Defense may be obligated
15 or expended to procure non-tactical vehicles that are electric
16 vehicles, advanced-biofuel-powered vehicles, or hydrogen-
17 powered vehicles, or any components or spare parts associ-
18 ated with such vehicles, that are not in compliance with
19 subpart 22.15 of the Federal Acquisition Regulation (or any
20 successor regulations).
21 (d) DEFINITIONS.—In this section:
22 (1) The term ‘‘advanced-biofuel-powered vehicle’’
23 includes a vehicle that uses a fuel described in section
24 9001(3)(A) of the Farm Security and Rural Invest-
25 ment Act of 2202 (7 U.S.C. 8101(3)(A)).
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00273 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
274
1 (2) The term ‘‘charging station’’ means a park-
2 ing space with electric vehicle supply equipment that
3 supplies electric energy for the recharging of electric
4 vehicles with at least a level two charger.
5 (3) The term ‘‘electric grid requirements’’ means
6 the power grid and infrastructure requirements need-
7 ed to support plug-in electric vehicles and vehicle-to-
8 grid requirements.
9 (4) The term ‘‘electric non-tactical vehicle’’
10 means a non-tactical vehicle that is an electric vehi-
11 cle.
12 (5) The terms ‘‘electric vehicle’’ includes—
13 (A) a plug-in hybrid electric vehicle that
14 uses a combination of electric and gas powered
15 engine that can use either gasoline or electricity
16 as a fuel source; and
17 (B) a plug-in electric vehicle that runs sole-
18 ly on electricity and does not contain an inter-
19 nal combustion engine or gas tank.
20 (6) The term ‘‘hydrogen-powered vehicle’’ means
21 a vehicle that uses hydrogen as the main source of
22 motive power, either through a fuel cell or internal
23 combustion.
24 (7) The term ‘‘non-tactical vehicle’’ means a ve-
25 hicle other than a tactical vehicle.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00274 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
275
1 (8) The term ‘‘tactical vehicle’’ means a motor
2 vehicle designed to military specification, or a com-
3 mercial design motor vehicle modified to military
4 specification, to provide direct transportation support
5 of combat or tactical operations, or for the training
6 of personnel for such operations.
7 Subtitle C—Red Hill Bulk Fuel
8 Storage Facility
9 SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE
10 FACILITY.
11 (a) DEADLINE FOR COMPLETION OF DEFUELING.—
12 (1) IN GENERAL.—The Secretary of Defense shall
13 complete the defueling of the Red Hill Bulk Fuel Stor-
14 age Facility in a safe and expeditious manner by a
15 deadline that is approved by the State of Hawaii De-
16 partment of Health.
17 (2) REPORT.—Not later than 30 days after the
18 date of the enactment of this Act, and quarterly there-
19 after until the completion of the defueling of the Red
20 Hill Bulk Fuel Storage Facility, the Secretary of De-
21 fense shall submit to the congressional defense com-
22 mittees, and make publicly available on an appro-
23 priate website of the Department of Defense, a report
24 on the status of such defueling.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00275 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
276
1 (b) PLANNING AND IMPLEMENTATION OF
2 DEFUELING.—The Secretary of Defense shall plan for and
3 implement the defueling of the Red Hill Bulk Fuel Storage
4 Facility in consultation with the Administrator of the En-
5 vironmental Protection Agency and the State of Hawaii
6 Department of Health.
7 (c) NOTIFICATION REQUIREMENT.—The Secretary of
8 Defense may not begin the process of defueling the Red Hill
9 Bulk Storage Facility until the date on which the Secretary
10 submits to the congressional defense committees a notifica-
11 tion that such defueling would not adversely affect the abil-
12 ity of the Department of Defense to provide fuel to support
13 military operations in the area of responsibility of the
14 United States Indo-Pacific Command.
15 SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND
16 STORAGE TANK SYSTEM AT RED HILL BULK
17 FUEL STORAGE FACILITY.
18 (a) AUTHORIZATION.—The Secretary of Defense may
19 close the underground storage tank system at the Red Hill
20 Bulk Fuel Storage Facility of the Department of Defense
21 located in Hawaii (in this section referred to as the ‘‘Facil-
22 ity’’).
23 (b) PLAN FOR FACILITY CLOSURE AND POST-CLOSURE
24 CARE.—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00276 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
277
1 (1) IN GENERAL.—Not later than 60 days after
2 the date of the enactment of this Act, the Secretary of
3 the Navy shall submit to the Committees on Armed
4 Services of the House of Representatives and the Sen-
5 ate a plan for—
6 (A) the closure of the Facility, along with a
7 report on the cost projections for such closure;
8 (B) monitoring of the Facility following clo-
9 sure;
10 (C) corrective actions to mitigate fuel re-
11 leases of groundwater at the Facility, including
12 resources necessary for the Secretary of the Navy
13 to conduct such actions at the Facility;
14 (D) coordination and communication with
15 applicable Federal and State regulatory authori-
16 ties, and surrounding communities, on release
17 response and remediation activities conducted by
18 the Secretary of the Navy at the Facility;
19 (E) improvements to processes, procedures,
20 organization, training, leadership, education, fa-
21 cilities, and policy of the Department of Defense
22 related to best practices for the remediation and
23 closure of the Facility; and
24 (F) measures to ensure that future strategic
25 level assets of the Department of Defense are
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00277 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
278
1 properly maintained and critical environmental
2 assets are protected.
3 (2) PREPARATION OF PLAN.—The Secretary of
4 the Navy shall prepare the plan required under para-
5 graph (1) in consultation with the following:
6 (A) The Environmental Protection Agency.
7 (B) The Hawaii Department of Health.
8 (C) The United States Geological Survey.
9 (D) Any other relevant Federal or State
10 agencies the Secretary considers appropriate.
11 (c) IDENTIFICATION OF POINT OF CONTACT AT DE-
12 PARTMENT OF DEFENSE.—Not later than 60 days after the
13 date of the enactment of this Act, to ensure clear and con-
14 sistent communication relating to defueling, closure, and re-
15 lease response, the Secretary of Defense shall identify a sin-
16 gle point of contact within the Office of the Secretary of
17 Defense to oversee and communicate with the public and
18 Members of Congress regarding the status of the Facility.
19 (d) WATER MONITORING BRIEFING.—Not later than
20 60 days after the date of the enactment of this Act, the Sec-
21 retary of the Navy shall provide to the Committees on
22 Armed Services of the House of Representatives and the
23 Senate a briefing on the status of the ground water moni-
24 toring program—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00278 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
279
1 (1) to monitor movement of the fuel plume in the
2 aquifer surrounding the Facility;
3 (2) to monitor long-term impacts to such aquifer
4 and local water bodies resulting from fuel releases
5 from the Facility; and
6 (3) to coordinate with the Agency for Toxic Sub-
7 stances and Disease Registry of the Department of
8 Health and Human Services as the Agency conducts
9 a follow up to the previously conducted voluntary sur-
10 vey of individuals and entities potentially impacted
11 by fuel releases from the Facility.
12 SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICA-
13 BLE TO UNITED STATES INDO-PACIFIC COM-
14 MAND.
15 (a) LIMITATION.—Of the funds authorized to be appro-
16 priated by this Act or otherwise made available for fiscal
17 year 2023 for the Office of the Secretary of Defense for ad-
18 ministration and service-wide activities, not more than 90
19 percent may be obligated or expended until the Secretary
20 of Defense submits to the congressional defense committees
21 a report that includes the following elements:
22 (1) The bulk fuel requirements of the United
23 States Indo-Pacific Command associated with the
24 operational plans of the command that involve the
25 most stress on bulk fuel, disaggregated by theater com-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00279 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
280
1 ponent commander, as such term is defined in section
2 1513 of title 10, United States Code, implementing
3 the requirement.
4 (2) The hardening requirements of the United
5 States Indo-Pacific Command associated with the dis-
6 tribution of bulk fuel to support the proposed force
7 laydown in the area of responsibility of such com-
8 mand.
9 (3) A bulk fuels connector strategy to reposition
10 fuels within the area of responsibility of such com-
11 mand, which shall include a specific assessment of the
12 following:
13 (A) The overall bulk fuel requirements for
14 the force structure of the surface fleet tankers of
15 the Navy and any specific requirements associ-
16 ated with the proposed force laydown specified in
17 paragraph (2).
18 (B) The intra-theater connector strategy of
19 the Department of Defense to logistically support
20 theater-specific bulk fuel requirements.
21 (C) The bulk fuel requirements for light am-
22 phibious warfare ships.
23 (4) An identification of the funding mechanisms
24 used, or proposed to be used, to meet each of the re-
25 quirements specified in paragraphs (1) through (3),
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00280 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
281
1 including programmed and unfunded requirements,
2 and a description of any additional staffing or re-
3 sources necessary to meet such requirements.
4 (5) A risk assessment of the potential risk associ-
5 ated with the denial of access to bulk fuel storage fa-
6 cilities located in foreign countries, including a spe-
7 cific assessment of clauses in contracts entered into by
8 the Director of the Defense Logistics Agency that pro-
9 vide for surety of access to such storage facilities, tak-
10 ing into account the insurance sought with respect to
11 such surety and the anticipated penalties for failing
12 to provide such surety.
13 (b) INCLUSION IN SEPARATE REPORTS.—An element
14 listed in paragraphs (1) through (5) of subsection (a) shall
15 be deemed to be included in the report under subsection (a)
16 if included in a separate report submitted to the congres-
17 sional defense committees on or before the date of the sub-
18 mission of the report under such subsection.
19 (c) FORM.—The report under subsection (a) shall be
20 submitted in an unclassified and publicly releasable form,
21 but may contain a classified annex.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00281 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
282
1 SEC. 334. PLACEMENT OF SENTINEL OR MONITORING
2 WELLS IN PROXIMITY TO RED HILL BULK
3 FUEL STORAGE FACILITY.
4 (a) IN GENERAL.—Not later than April 1, 2023, the
5 Secretary of the Navy, in coordination with the Director
6 of the United States Geological Survey and the Adminis-
7 trator of the Environmental Protection Agency, shall sub-
8 mit to the congressional defense committees a report on the
9 placement of sentinel or monitoring wells in proximity to
10 the Red Hill Bulk Fuel Storage Facility for the purpose
11 of monitoring and tracking the movement of fuel that has
12 escaped the Facility. Such report shall include—
13 (1) the number and location of new wells that
14 have been established during the 12-month period pre-
15 ceding the date of the submission of the report;
16 (2) an identification of any new wells proposed
17 to be established;
18 (3) an analysis of the need for any other wells;
19 (4) the proposed number and location of any
20 such additional wells; and
21 (5) the priority level of each proposed well based
22 on—
23 (A) the optimal locations for new wells; and
24 (B) the capability of a proposed well to as-
25 sist in monitoring and tracking the movement of
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00282 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
283
1 fuel toward the Halawa shaft, the Halawa Well,
2 and the Aiea Well.
3 (b) QUARTERLY BRIEFINGS.—Not later than 30 days
4 after the submission of the report under subsection (a), and
5 every 90 days thereafter for 12 months, the Secretary of the
6 Navy shall provide to the congressional defense committees
7 a briefing on the progress of the Department of the Navy
8 toward installing the wells described in paragraphs (2) and
9 (3) of subsection (a).
10 SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE
11 ARMED FORCES ON OAHU.
12 (a) STUDY ON FUTURE WATER NEEDS OF OAHU.—
13 (1) IN GENERAL.—Not later than July 31, 2023,
14 the Secretary of Defense shall conduct a study on how
15 the Department of Defense may best address the fu-
16 ture water needs of the Armed Forces on the island
17 of Oahu. Such study shall include consideration of—
18 (A) the construction of a new water treat-
19 ment plant or plants;
20 (B) the construction of a new well for use
21 by members of the Armed Forces and the civilian
22 population;
23 (C) the construction of a new well for the
24 exclusive use of members of the Armed Forces;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00283 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
284
1 (D) transferring ownership and operation of
2 existing Department of Defense utilities to a mu-
3 nicipality or existing publicly owned utility;
4 (E) conveying certain Navy utilities to the
5 Honolulu Board of Water Supply; and
6 (F) any other water solutions the Secretary
7 of Defense determines appropriate.
8 (2) CONSULTATION.—In carrying out the study
9 under paragraph (1), the Secretary of Defense shall
10 consult with the Administrator of the Environmental
11 Protection Agency, the State of Hawaii, the Honolulu
12 Board of Water Supply, and any other entity the Sec-
13 retary of Defense determines appropriate.
14 (3) REPORT; BRIEFING.—Upon completion of the
15 study under paragraph (1), the Secretary of Defense
16 shall—
17 (A) submit to the appropriate congressional
18 committees a report on the findings of the study;
19 and
20 (B) provide to the appropriate congressional
21 committees a briefing on such findings.
22 (b) HYDROLOGICAL STUDIES.—
23 (1) GROUNDWATER FLOW MODEL STUDY.—Not
24 later than July 31, 2023, the Secretary of the Navy,
25 in consultation with the Administrator of the Envi-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00284 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
285
1 ronmental Protection Agency, the Director of the
2 United States Geological Survey, and the State of
3 Hawaii, shall commence the conduct of a new study,
4 or continue an existing study, to further refine the
5 modeling of groundwater flow in the area sur-
6 rounding the Red Hill Bulk Fuel Storage Facility.
7 Such study shall be designed to—
8 (A) seek to improve the understanding of
9 the direction and rate of groundwater flow and
10 dissolved fuel migration within the aquifers in
11 the area surrounding the facility;
12 (B) reflect site-specific data, including
13 available data of the heterogeneous subsurface
14 geologic system of such area; and
15 (C) address previously identified defi-
16 ciencies in existing groundwater flow models.
17 (2) DEADLINES FOR COMPLETION.—
18 (A) GROUNDWATER FLOW MODEL STUDY.—
19 The study under paragraph (1) shall be com-
20 pleted by not later than one year after the date
21 of the enactment of this Act.
22 (B) SUBSEQUENT STUDY.—Not later than
23 one year after the date on which the study under
24 paragraph (1) is completed, the Secretary of the
25 Navy shall complete a subsequent study to model
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00285 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
286
1 contaminant fate and transport in the area sur-
2 rounding the Red Hill Bulk Fuel Storage Facil-
3 ity.
4 (3) REPORTS; BRIEFINGS.—Upon completion of
5 a study under this subsection, the Secretary of the
6 Navy shall—
7 (A) submit to the congressional defense com-
8 mittees a report on the findings of the study; and
9 (B) provide to the congressional defense
10 committees a briefing on such findings.
11 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
12 FINED.—In this section, the term ‘‘appropriate congres-
13 sional committees’’ means the following:
14 (1) The congressional defense committees.
15 (2) The Committee on Energy and Commerce of
16 the House of Representatives.
17 (3) The Committee on Environment and Public
18 Works of the Senate.
19 SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL
20 BULK FUEL STORAGE FACILITY.
21 (a) STUDY REQUIRED.—
22 (1) IN GENERAL.—Not later than 30 days after
23 the date of the enactment of this Act, the Secretary of
24 Defense shall seek to enter into an agreement with a
25 federally funded research and development center that
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00286 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
287
1 meets the criteria specified in paragraph (2) under
2 which such center will conduct a study to determine
3 the range of feasible alternative Department of De-
4 fense uses for the Red Hill Bulk Fuel Storage Facility
5 and provide to the Secretary a report on the findings
6 of the study. The conduct of such study shall in-
7 clude—
8 (A) engagement with stakeholders;
9 (B) a review of historical alternative uses of
10 facilities with similar characteristics; and
11 (C) such other modalities as determined
12 necessary to appropriately identify alternative
13 use options, including data and information col-
14 lected from various stakeholders and through site
15 visits to physically inspect the facility.
16 (2) CRITERIA FOR FFRDC.—The federally funded
17 research and development center with which the Sec-
18 retary seeks to enter into an agreement under para-
19 graph (1) shall meet the following criteria:
20 (A) A primary focus on studies and anal-
21 ysis.
22 (B) A record of conducting research and
23 analysis using a multidisciplinary approach.
24 (C) Demonstrated specific competencies
25 in—
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00287 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
288
1 (i) life cycle cost-benefit analysis;
2 (ii) military facilities and how such
3 facilities support missions; and
4 (iii) the measurement of environmental
5 impacts.
6 (D) A strong reputation for publishing pub-
7 licly releasable analysis to inform public debate.
8 (b) COST-BENEFIT ANALYSIS.—An agreement entered
9 into pursuant to subsection (a) shall specify that the study
10 conducted under the agreement will include a cost-benefit
11 analysis of the feasible Department of Defense alternative
12 uses considered under the study. Such cost-benefit analysis
13 shall cover each of the following for each such alternative
14 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 of
20 the facility.
21 (3) Any potential military benefits.
22 (4) Any potential benefits for the local economy,
23 including any potential employment opportunities for
24 members of the community.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00288 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
289
1 (5) A determination of environmental impact
2 analysis requirements.
3 (6) The effects of the use on future mitigation ef-
4 forts.
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 by
11 not later than February 1, 2024.
12 (d) BRIEFING.—Upon completion of a study conducted
13 under an agreement entered into pursuant to subsection (a),
14 the Secretary shall provide to the Committees on Armed
15 Services of the Senate and House of Representatives a brief-
16 ing on the findings of the study.
17 (e) PUBLIC AVAILABILITY.—
18 (1) FFRDC.—An agreement entered into pursu-
19 ant to subsection (a) shall specify that the federally
20 funded research and development center shall make an
21 unclassified version of the report provided to the Sec-
22 retary publicly available on an appropriate website of
23 the center.
24 (2) DEPARTMENT OF DEFENSE.—Upon receipt of
25 such report, the Secretary shall make an unclassified
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00289 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
290
1 version of the report publicly available on an appro-
2 priate 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, in
9 consultation with the Secretary of Health and Human
10 Services, shall provide to the congressional defense commit-
11 tees a briefing on the efforts of the Secretary of Defense to
12 appropriately track the health implications of fuel leaks at
13 the Red Hill Bulk Fuel Storage Facility for members of
14 the Armed Forces and dependents thereof, including mem-
15 bers of each Armed Force and dependents thereof. The brief-
16 ing shall include each of the following:
17 (1) A plan to coordinate with the Director of the
18 Centers for Disease Control and Prevention to align
19 such efforts with the public health assessment and
20 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 from
25 the State of Hawaii Department of Health and data
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00290 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
291
1 from other non-Department of Defense sources can
2 and should be used in any long-term health study re-
3 lating to fuel leaks at the Red Hill Bulk Fuel Storage
4 Facility.
5 (4) A description of the potential health implica-
6 tions of contaminants, including fuel, detected in the
7 drinking water distribution system at the Red Hill
8 Bulk Fuel Storage Facility during testing after the
9 fuel leaks at such facility that occurred in May and
10 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 in
23 section 101 of title 10, United States Code.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00291 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
292
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 180
9 days after the date of the enactment of this Act, Sec-
10 retary of Defense shall publish on the publicly avail-
11 able website established under section 331(b) of the
12 National Defense Authorization Act for Fiscal Year
13 2020 (Public Law 116–92; 10 U.S.C. 2701 note)
14 timely and regularly updated information on the re-
15 search efforts of the Department of Defense relating to
16 perfluoroalkyl substances or polyfluoroalkyl sub-
17 stances, which shall include the following:
18 (A) A description of any research collabora-
19 tion or data sharing by the Department with the
20 Department of Veterans Affairs, the Agency for
21 Toxic Substances and Disease Registry, or any
22 other agency (as defined in section 551 of title
23 5, United States Code), State, academic institu-
24 tion, nongovernmental organization, or other en-
25 tity.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00292 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
293
1 (B) Regularly updated information on re-
2 search projects supported or conducted by the De-
3 partment of Defense pertaining to the develop-
4 ment, testing, and evaluation of a fluorine-free
5 firefighting foam or any other alternative to
6 aqueous film forming foam that contains
7 perfluoroalkyl substances or polyfluoroalkyl sub-
8 stances, excluding any proprietary information
9 that is business confidential.
10 (C) Regularly updated information on re-
11 search projects supported or conducted by the De-
12 partment pertaining to the health effects of
13 perfluoroalkyl substances or polyfluoroalkyl sub-
14 stances, including information relating to the
15 impact of such substances on firefighters, vet-
16 erans, and military families, and excluding any
17 personally identifiable information.
18 (D) Regularly updated information on re-
19 search projects supported or conducted by the De-
20 partment pertaining to treatment options for
21 drinking water, surface water, ground water,
22 and the safe disposal of perfluoroalkyl substances
23 or polyfluoroalkyl substances.
24 (E) Budget information, including specific
25 spending information for the research projects re-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00293 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
294
1 lating to perfluoroalkyl substances or
2 polyfluoroalkyl substances that are supported or
3 conducted by the Department.
4 (F) Such other matters as may be relevant
5 to ongoing research projects supported or con-
6 ducted by the Department to address the use of
7 perfluoroalkyl substances or polyfluoroalkyl sub-
8 stances and the health effects of the use of such
9 substances.
10 (2) FORMAT.—The information published under
11 paragraph (1) shall be made available in a
12 downloadable, machine-readable, open, and user-
13 friendly format.
14 (3) DEFINITIONS.—In this subsection:
15 (A) The term ‘‘military installation’’ in-
16 cludes active, inactive, and former military in-
17 stallations.
18 (B) The term ‘‘perfluoroalkyl substance’’
19 means a man-made chemical of which all of the
20 carbon atoms are fully fluorinated carbon atoms.
21 (C) The term ‘‘polyfluoroalkyl substance’’
22 means a man-made chemical containing a mix
23 of fully fluorinated carbon atoms, partially
24 fluorinated carbon atoms, and nonfluorinated
25 carbon atoms.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00294 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
295
1 (b) INCLUSION OF RESEARCH DUTIES IN
2 PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
3 SUBSTANCES TASK FORCE.—Section 2714(e) of title 10,
4 United States Code, is amended by adding at the end the
5 following new paragraphs:
6 ‘‘(5) Supporting research efforts relating to
7 perfluoroalkyl substances or polyfluoroalkyl sub-
8 stances.
9 ‘‘(6) Establishing practices to ensure the timely
10 and complete dissemination of research findings and
11 related data relating to perfluoroalkyl substances or
12 polyfluoroalkyl substances to the general public.’’.
13 SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUND-
14 ING OF STUDY AND ASSESSMENT ON HEALTH
15 IMPLICATIONS OF PER- AND
16 POLYFLUOROALKYL SUBSTANCES CONTAMI-
17 NATION IN DRINKING WATER BY AGENCY FOR
18 TOXIC SUBSTANCES AND DISEASE REGISTRY.
19 Section 316(a)(2)(B) of the National Defense Author-
20 ization Act for Fiscal Year 2018 (Public Law 115–91; 131
21 Stat. 1350), as amended by section 315(a) of the John S.
22 McCain National Defense Authorization Act for Fiscal Year
23 2019 (Public Law 115–232; 132 Stat. 1713), section 321
24 of the National Defense Authorization Act for Fiscal Year
25 2020 (Public Law 116–92; 133 Stat. 1307), section 337 of
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00295 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
296
1 the William M. (Mac) Thornberry National Defense Author-
2 ization Act for Fiscal Year 2021 (Public Law 116–283; 134
3 Stat. 3533), and section 342 of the National Defense Au-
4 thorization Act for Fiscal Year 2022 (Public Law 117–81;
5 135 Stat. 1643), is further amended—
6 (1) in clause (ii), by striking ‘‘2023’’ and insert-
7 ing ‘‘2022’’; and
8 (2) by adding at the end the following new
9 clause:
10 ‘‘(iii) Without regard to section 2215 of title
11 10, United States Code, the Secretary of Defense
12 may transfer not more than $20,000,000 during
13 fiscal year 2023 to the Secretary of Health and
14 Human Services to pay for the study and assess-
15 ment required by this section.’’.
16 SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CON-
17 TAINING TURNOUT GEAR.
18 Section 330 of the National Defense Authorization Act
19 for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3528;
20 10 U.S.C. 2661 note prec.) is amended—
21 (1) in subsection (a)—
22 (A) by striking ‘‘of a non-PFAS-con-
23 taining’’ and inserting ‘‘of the following:’’
24 ‘‘(1) A non-PFAS-containing’’; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00296 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
297
1 (B) by adding at the end the following new
2 paragraph:
3 ‘‘(2) Covered personal protective firefighting
4 equipment that does not contain an intentionally
5 added perfluoroalkyl substance or polyfluoroalkyl sub-
6 stance.’’; and
7 (2) by amending subsection (f) to read as follows:
8 ‘‘(f) DEFINITIONS.—In this section:
9 ‘‘(1) The term ‘perfluoroalkyl substance’ means a
10 man-made chemical of which all of the carbon atoms
11 are fully fluorinated carbon atoms.
12 ‘‘(2) The term ‘polyfluoroalkyl substance’ means
13 a man-made chemical containing at least one fully
14 fluorinated carbon atom and at least one non-fully
15 fluorinated carbon atom.
16 ‘‘(3) The term ‘covered personal protective fire-
17 fighting equipment’’ means the following:
18 ‘‘(A) Turnout gear jacket or coat.
19 ‘‘(B) Turnout gear pants.
20 ‘‘(C) Turnout coveralls.
21 ‘‘(D) Any other personal protective fire-
22 fighting equipment, as determined by the Sec-
23 retary of Defense, in consultation with the Ad-
24 ministrator of the United States Fire Adminis-
25 tration.’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00297 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
298
1 SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE
2 OF RESULTS OF TESTING FOR
3 PERFLUOROALKYL OR POLYFLUOROALKYL
4 SUBSTANCES ON PRIVATE PROPERTY.
5 Section 345(a)(2) of the National Defense Authoriza-
6 tion Act for Fiscal Year 2022 (Public Law 117–81; 10
7 U.S.C. 2715 note) is amended by inserting ‘‘personally
8 identifiable information in connection with’’ after ‘‘publicly
9 disclose’’.
10 SEC. 345. RESTRICTION ON PROCUREMENT OR PUR-
11 CHASING BY DEPARTMENT OF DEFENSE OF
12 TURNOUT GEAR FOR FIREFIGHTERS CON-
13 TAINING PERFLUOROALKYL SUBSTANCES OR
14 POLYFLUOROALKYL SUBSTANCES.
15 (a) PROHIBITION ON PROCUREMENT AND PUR-
16 CHASING.—Subject to subsection (d), beginning on October
17 1, 2026, the Secretary of Defense may not enter into a con-
18 tract to procure or purchase covered personal protective fire-
19 fighting equipment for use by Federal or civilian fire-
20 fighters if such equipment contains an intentionally added
21 perfluoroalkyl substance or polyfluoroalkyl substance.
22 (b) IMPLEMENTATION.—
23 (1) INCLUSION IN CONTRACTS.—The Secretary of
24 Defense shall include the prohibition under subsection
25 (a) in any contract entered into by the Department
26 of Defense to procure covered personal protective fire-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00298 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
299
1 fighting equipment for use by Federal or civilian fire-
2 fighters.
3 (2) NO OBLIGATION TO TEST.—In carrying out
4 the prohibition under subsection (a), the Secretary
5 shall not have an obligation to test covered personal
6 protective firefighting equipment to confirm the ab-
7 sence of perfluoroalkyl substances or polyfluoroalkyl
8 substances.
9 (c) EXISTING INVENTORY.—Nothing in this section
10 shall impact existing inventories of covered personal protec-
11 tive firefighting equipment.
12 (d) AVAILABILITY OF ALTERNATIVES.—
13 (1) IN GENERAL.—The requirement under sub-
14 section (a) shall be subject to the availability of suffi-
15 ciently protective covered personal protective fire-
16 fighting equipment that does not contain inten-
17 tionally added perfluoroalkyl substances or
18 polyfluoroalkyl substances.
19 (2) EXTENSION OF EFFECTIVE DATE.—If the
20 Secretary of Defense determines that no sufficiently
21 protective covered personal protective firefighting
22 equipment that does not contain intentionally added
23 perfluoroalkyl substances or polyfluoroalkyl substances
24 is available, the deadline under subsection (a) shall be
25 extended until the Secretary determines that such cov-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00299 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
300
1 ered personal protective firefighting equipment is
2 available.
3 (e) DEFINITIONS.—In this section:
4 (1) The term ‘‘covered personal protective fire-
5 fighting equipment’’ means—
6 (A) any product that provides protection to
7 the upper and lower torso, arms, legs, head,
8 hands, and feet; or
9 (B) any other personal protective fire-
10 fighting equipment, as determined by the Sec-
11 retary of Defense.
12 (2) The term ‘‘perfluoroalkyl substance’’ means a
13 man-made chemical of which all of the carbon atoms
14 are fully fluorinated carbon atoms.
15 (3) The term ‘‘polyfluoroalkyl substance’’ means
16 a man-made chemical containing at least one fully
17 fluorinated carbon atom and at least one non-fully
18 fluorinated carbon atom.
19 SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT
20 CERTAIN MILITARY INSTALLATIONS FROM
21 SOURCES OTHER THAN AQUEOUS FILM-
22 FORMING FOAM.
23 Not later than one year after the date of the enactment
24 of this Act, and annually thereafter for the following four
25 years, the Under Secretary of Defense for Acquisition and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00300 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
301
1 Sustainment shall submit to the congressional defense com-
2 mittees a report on any known or suspected contamination
3 on or around military installations located in the United
4 States resulting from the release of any perfluoroalkyl sub-
5 stance or polyfluoroalkyl substance originating from a
6 source other than aqueous film-forming foam.
7 SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON
8 DEPARTMENT OF DEFENSE PROCUREMENT
9 OF CERTAIN ITEMS CONTAINING PFOS OR
10 PFOA.
11 (a) IDENTIFICATION OF CRITICAL USES.—Not later
12 than June 1, 2023, the Secretary of Defense, in consultation
13 with the Defense Critical Supply Chain Task Force and
14 the Chemical and Material Risk Management Program of
15 the Department of Defense, shall submit to the Committees
16 on Armed Services of the House of Representatives and the
17 Senate a report outlining the uses of perfluoroalkyl sub-
18 stances and polyfluoroalkyl substances that are critical to
19 the national security of the United States, with a focus on
20 such critical uses in—
21 (1) the sectors outlined in the February 2022 re-
22 port of the Department of Defense titled ‘‘Securing
23 Defense-Critical Supply Chains’’; and
24 (2) sectors of strategic importance for domestic
25 production and investment to build supply chain re-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00301 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
302
1 silience, including kinetic capabilities, energy storage
2 and batteries, and microelectronics and semiconduc-
3 tors.
4 (b) ANNUAL BRIEFINGS.—Not later than 270 days
5 after the date of the enactment of this Act, and annually
6 thereafter, the Secretary of Defense shall provide to the
7 Committees on Armed Services of the House of Representa-
8 tives and the Senate a briefing that includes a description
9 of each of the following:
10 (1) Steps taken to identify covered items pro-
11 cured by the Department of Defense that contain
12 perfluorooctane sulfonate (PFOS) or perfluorooctanoic
13 acid (PFOA).
14 (2) Steps taken to identify products and vendors
15 of covered items that do not contain PFOS or PFOA.
16 (3) Steps taken to limit the procurement by the
17 Department of covered items that contain PFOS or
18 PFOA.
19 (4) Steps the Secretary intends to take to limit
20 the procurement of covered items that contain PFOS
21 or PFOA.
22 (c) COVERED ITEM DEFINED.—In this section, the
23 term ‘‘covered item’’ means—
24 (1) nonstick cookware or cooking utensils for use
25 in galleys or dining facilities; and
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00302 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
303
1 (2) upholstered furniture, carpets, and rugs that
2 have been treated with stain-resistant coatings.
3 Subtitle E—Logistics and
4 Sustainment
5 SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATE-
6 RIEL READINESS METRICS AND OBJECTIVES
7 FOR MAJOR DEFENSE ACQUISITION PRO-
8 GRAMS.
9 (a) IN GENERAL.—Section 118 of title 10, United
10 States Code, is amended:
11 (1) in subsection (d)(2), by striking ‘‘objectives’’
12 and inserting ‘‘objectives, such as infrastructure,
13 workforce, or supply chain considerations’’;
14 (2) redesignating subsection (e) as subsection (f);
15 and
16 (3) inserting after subsection (d) the following
17 new subsection (e):
18 ‘‘(e) FUNDING ESTIMATES.—Not later than five days
19 after the date on which the Secretary of Defense submits
20 to Congress the materials in support of the budget of the
21 President for a fiscal year, the Director of Cost Assessment
22 and Performance Evaluation shall submit to the congres-
23 sional defense committees a comprehensive estimate of the
24 funds necessary to meet the materiel readiness objectives re-
25 quired by subsection (c) through the period covered by the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00303 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
304
1 most recent future-years defense program. At a minimum,
2 the Director shall provide, for each major weapon system,
3 by designated mission design series, variant, or class, a
4 comprehensive estimate of the funds necessary to meet such
5 objectives that—
6 ‘‘(1) have been obligated by subactivity group
7 within the operation and maintenance accounts for
8 the second fiscal year preceding the budget year;
9 ‘‘(2) the Director estimates will have been obli-
10 gated by subactivity group within the operation and
11 maintenance accounts by the end of the fiscal year
12 preceding the budget year; and
13 ‘‘(3) have been budgeted and programmed across
14 the future years defense program within the operation
15 and maintenance accounts by subactivity group.’’.
16 (b) PHASED IMPLEMENTATION.—The Director of Cost
17 Assessment and Performance Evaluation may meet the re-
18 quirements of subsection (e) of section 118 of title 10,
19 United States Code, as added by subsection (a), through a
20 phased submission of the funding estimates required under
21 such subsection. In conducting a phased implementation,
22 the Director shall ensure that—
23 (1) for the budget request for fiscal year 2024,
24 funding estimates are provided for a representative
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00304 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
305
1 sample by military department of at least one-third
2 of the major weapon systems;
3 (2) for the budget request for fiscal year 2025,
4 funding estimates are provided for an additional one-
5 third of the major weapon systems; and
6 (3) full implementation for all major weapons
7 systems is completed not later than five days after the
8 date on which the Secretary of Defense submits to
9 Congress the materials in support of the budget of the
10 President for fiscal year 2026.
11 SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MOD-
12 ERNIZATION OF NAVAL VESSELS.
13 (a) ANNUAL PLAN.—Section 231 of title 10, United
14 States Code, is amended—
15 (1) in the heading, by inserting ‘‘, mainte-
16 nance, and modernization’’ after ‘‘construc-
17 tion’’;
18 (2) by redesignating subsections (d) through (f)
19 as subsections (e) through (g), respectively;
20 (3) by inserting after subsection (c) the following
21 new subsection:
22 ‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MOD-
23 ERNIZATION OF NAVAL VESSELS.—In addition to the plan
24 included under subsection (a)(1), the Secretary of Defense
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00305 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
306
1 shall include with the defense budget materials for a fiscal
2 year each of the following:
3 ‘‘(1) A plan for the maintenance and moderniza-
4 tion of naval vessels that includes the following:
5 ‘‘(A) A forecast of the maintenance and
6 modernization requirements for both the naval
7 vessels in the inventory of the Navy and the ves-
8 sels required to be delivered under the naval ves-
9 sel construction plan under subsection (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 base
15 capability and capacity, shipyard level-loading,
16 and facility improvements) receive sufficient
17 resourcing, and are including in appropriate
18 planning, to facilitate the requirements specified
19 in subparagraph (A).
20 ‘‘(2) A certification by the Secretary that both
21 the budget for that fiscal year and the future-years de-
22 fense program submitted to Congress in relation to
23 such budget under section 221 of this title provide for
24 funding for the maintenance and modernization of
25 naval vessels at a level that is sufficient for such
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00306 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
307
1 maintenance and modernization in accordance with
2 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)’’.
6 (b) CLERICAL AMENDMENT.—The table of sections at
7 the beginning of chapter 9 of title 10, United States Code,
8 is amended by striking the item relating to section 231 and
9 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—
15 (1) by redesignating paragraph (11) as para-
16 graph (12); and
17 (2) by inserting after paragraph (10) the fol-
18 lowing new paragraph:
19 ‘‘(11) A summary of the joint medical estimate
20 under section 732(b)(1) of the John S. McCain Na-
21 tional Defense Authorization Act for Fiscal Year 2019
22 (Public Law 115–232; 132 Stat. 1817) prepared by
23 the Joint Staff Surgeon, with a mitigation plan to
24 correct any readiness problem or deficiency and the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00307 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
308
1 timeline, cost, and any legislative action required to
2 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, is
8 amended—
9 (1) by striking ‘‘The total’’ and inserting ‘‘(A)
10 Except as provided in subparagraph (B), the total’’;
11 and
12 (2) by adding at the end the following new sub-
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 PUBLIC-
21 PRIVATE COMPETITIONS.
22 Section 322(c) of the National Defense Authorization
23 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat.
24 2252) is repealed.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00308 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
309
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 Infrastruc-
10 ture Optimization Plan of the Navy, including by
11 measuring the effectiveness of capital investments;
12 (2) ensure that the shipyard optimization pro-
13 gram office of the Navy—
14 (A) includes all costs, such as inflation, pro-
15 gram office activities, utilities, roads, environ-
16 mental remediation, historic preservation, and
17 alternative workspace when developing a detailed
18 cost estimate; and
19 (B) uses cost estimating best practices in
20 developing a detailed cost estimate, including—
21 (i) a program baseline;
22 (ii) a work breakdown structure;
23 (iii) a description of the methodology
24 and key assumptions;
25 (iv) a consideration of inflation;
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00309 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
310
1 (v) a full assessment of risk and uncer-
2 tainty; and
3 (vi) a sensitivity analysis; and
4 (3) obtain independent cost estimates for projects
5 under the shipyard optimization program that are es-
6 timated to exceed $250,000,000, to validate the cost
7 estimates of the Navy developed for such projects pur-
8 suant to paragraph (2) and inform the prioritization
9 of projects under such program.
10 (b) BRIEFING.—If the Secretary of the Navy is unable
11 to implement the requirements under subsection (a) by
12 March 1, 2023, the Secretary shall brief the Committees on
13 Armed Services of the Senate and the House of Representa-
14 tives before such date on—
15 (1) the current progress of the Secretary toward
16 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 Act
25 or otherwise made available for Operation and Mainte-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00310 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
311
1 nance, Defense-Wide, for military information support op-
2 erations, not more than 75 percent may be obligated or ex-
3 pended until the Secretary of Defense submits to the con-
4 gressional 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 and
16 procedures of the Department; and
17 (7) coordinating activities with the Global En-
18 gagement Center of the Department of State and other
19 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 Navy
25 regarding retention rates for contracts for Navy ship repair
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00311 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
312
1 until a period of 15 days has elapsed following the date
2 on which the Assistant Secretary of the Navy for Research,
3 Development, and Acquisition submits to the congressional
4 defense committees a notification that includes, with respect
5 to such modification, the following information:
6 (1) An identification of any considerations that
7 informed the decision to so modify.
8 (2) A description of the desired effect of the
9 modification on the Navy ship repair industrial base.
10 (b) TERMINATION.—This section, and the requirements
11 thereof, shall terminate on September 30, 2025.
12 SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRI-
13 VATE SHIPYARDS IN UNITED STATES AND EF-
14 FECT OF THOSE SHIPYARDS ON NAVAL FLEET
15 READINESS.
16 (a) IN GENERAL.—Not later than 60 days after the
17 date of the enactment of this Act, the Secretary of the Navy
18 shall seek to enter into an agreement with a nonprofit entity
19 or a federally funded research and development center to
20 conduct research and analysis regarding the capacity and
21 capability of private shipyards in the United States to re-
22 pair, maintain, and modernize surface combatants and
23 support ships of the Navy to ensure fleet readiness.
24 (b) ELEMENTS.—The research and analysis conducted
25 under subsection (a) shall include the following:
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00312 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
313
1 (1) An assessment of the maintenance needs of
2 the Navy during the five-year period preceding the
3 date of the enactment of this Act, including the fre-
4 quency of unplanned maintenance and the average
5 time it takes to repair ships.
6 (2) An assessment of the projected maintenance
7 needs of the Navy during the 10-year period following
8 such date of enactment.
9 (3) An assessment of whether current private
10 shipyards in the United States have the capacity to
11 meet current and anticipated needs of the Navy to
12 maintain and repair ships, including whether there
13 are adequate ship repair facilities and a sufficiently
14 trained workforce.
15 (4) An identification of barriers limiting the
16 success of intermediate-level and depot-level mainte-
17 nance availabilities, including constraints of adding
18 private depot capacity and capability.
19 (5) Recommendations based on the findings of
20 paragraphs (1) through (4) regarding actions the Sec-
21 retary of the Navy can take to ensure there is an in-
22 dustrial base of private ship repair facilities to meet
23 the needs of the Navy and ensure fleet readiness, in-
24 cluding whether the Secretary should institute a new
25 force generation model, establish additional homeport
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00313 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
314
1 facilities, or establish new hub-type maintenance fa-
2 cilities.
3 (c) INPUT FROM PRIVATE SHIPYARDS.—In conducting
4 research and analysis under subsection (a), the nonprofit
5 entity or federally funded research and development center
6 with which the Secretary of the Navy enters into an agree-
7 ment under subsection (a) shall consult with private ship-
8 yards regarding—
9 (1) the fleet maintenance needs of surface com-
10 batant and support ships of the Navy;
11 (2) private shipyard capacity, including work-
12 force; and
13 (3) additional investment in private shipyards
14 necessary to meet the needs of the Navy.
15 (d) REPORT.—
16 (1) IN GENERAL.—Not later than 180 days after
17 the date of the enactment of this Act, the nonprofit en-
18 tity or federally funded research and development cen-
19 ter with which the Secretary of the Navy enters into
20 an agreement under subsection (a) shall submit to the
21 Secretary a report on the results of the research and
22 analysis undertaken under such subsection.
23 (2) SUBMISSION TO CONGRESS.—Not later than
24 30 days after the Secretary receives the report under
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00314 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
315
1 paragraph (1), the Secretary shall submit to the con-
2 gressional defense committees a copy of the report.
3 SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DIS-
4 TRIBUTION LOGISTICS ACROSS UNITED
5 STATES INDO-PACIFIC COMMAND.
6 (a) STUDY.—Not later than 30 days after the date of
7 the enactment of this Act, the Secretary of Defense shall seek
8 to enter into a contract with a federally funded research
9 and development center that meets the criteria under sub-
10 section (b) to conduct a study on fuel distribution logistics
11 in the area of responsibility of the United States Indo-Pa-
12 cific Command.
13 (b) CRITERIA FOR FFRDC.—The criteria under this
14 subsection are the following:
15 (1) A primary focus on the conduct of studies
16 and analysis.
17 (2) A demonstrated record of conducting research
18 and analysis using a multidisciplinary approach.
19 (3) A strong reputation for publishing publicly
20 releasable analysis to inform public debate.
21 (c) IDA STRATEGIC FUEL ASSESSMENT.—In con-
22 ducting the study pursuant to a contract under subsection
23 (a), the federally funded research and development center
24 shall use the results of the July 1, 2020, report of the Insti-
25 tute for Defense Analyses titled ‘‘INDOPACOM Strategic
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00315 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
316
1 Fuel Assessment’’ as a baseline to inform its analysis of
2 fuel distribution logistics in the area of responsibility of the
3 United States Indo-Pacific Command.
4 (d) ELEMENTS.—A contract under subsection (a) shall
5 provide that a study conducted under the contract shall in-
6 clude, with respect to the area of responsibility of the United
7 States Indo-Pacific Command, the following:
8 (1) An evaluation of the vulnerabilities associ-
9 ated with the production, refinement, and distribu-
10 tion of fuel by the Armed Forces during periods of
11 conflict and in contested logistics environments with-
12 in the area, including with respect to the capability
13 of the Armed Forces to sustain operational flights by
14 aircraft and joint force distributed operations.
15 (2) An assessment of potential adversary capa-
16 bilities to disrupt such fuel distribution in the area
17 through a variety of means, including financial
18 means, cyber means, and conventional kinetic attacks.
19 (3) An assessment of any gaps in the capability
20 or capacity of inter- or intra-theater fuel distribution,
21 including any gaps relating to storage, transfer plat-
22 forms, manning for platforms, command and control,
23 or fuel handling.
24 (4) An evaluation of the positioning of defense
25 fuel support points in the area, including with respect
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00316 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
317
1 to operational suitability and vulnerability to a vari-
2 ety of kinetic threats.
3 (5) An assessment of the readiness of allies and
4 partners of the United States to support the supply,
5 storage, and distribution of fuel by the Armed Forces
6 in the area, including a review of any relevant secu-
7 rity cooperation agreements entered into between the
8 United States and such allies and partners.
9 (6) An assessment of potential actions to miti-
10 gate any vulnerabilities identified pursuant to the
11 study.
12 (e) REPORT.—
13 (1) SUBMISSION TO SECRETARY OF DEFENSE.—
14 (A) IN GENERAL.—A contract under sub-
15 section (a) shall provide that a study conducted
16 under the contract shall require that the federally
17 funded research and development center submit
18 to the Secretary a report containing the findings
19 of such study.
20 (B) FORM.—The report under subpara-
21 graph (A) shall be submitted in an unclassified
22 and publicly releasable form, but may include a
23 classified annex.
24 (2) SUBMISSION TO CONGRESS.—Not later than
25 30 days after the date on which the Secretary receives
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00317 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
318
1 the report under paragraph (1)(A), the Secretary
2 shall submit to the appropriate congressional commit-
3 tees a copy of such report, submitted without change.
4 (f) DEFINITIONS.—In this section:
5 (1) The term ‘‘appropriate congressional com-
6 mittees’’ means—
7 (A) the congressional defense committees;
8 (B) the Committee on Transportation and
9 Infrastructure of the House of Representatives;
10 and
11 (C) the Committee on Commerce, Science,
12 and Transportation of the Senate.
13 (2) The term ‘‘contested logistics environment’’
14 has the meaning given such term in section 2926 of
15 title 10, United States Code.
16 SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR
17 ESTABLISHMENT OF FUEL DISTRIBUTION
18 POINTS IN UNITED STATES INDO-PACIFIC
19 COMMAND AREA OF RESPONSIBILITY.
20 (a) QUARTERLY BRIEFINGS.—On a quarterly basis
21 until the date that is two years after the date of the enact-
22 ment of this Act, the Commander of United States Indo-
23 Pacific Command shall provide to the congressional defense
24 committees briefings on the use of the funds described in
25 subsection (c).
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00318 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
319
1 (b) CONTENTS OF BRIEFINGS.—Each briefing under
2 subsection (a) shall include an expenditure plan for the es-
3 tablishment of fuel distribution points in the area of respon-
4 sibility of United States Indo-Pacific Command relating to
5 the defueling and closure of the Red Hill Bulk Fuel Storage
6 Facility.
7 (c) FUNDS DESCRIBED.—The funds described in this
8 subsection are the amounts authorized to be appropriated
9 or otherwise made available for fiscal year 2023 for Mili-
10 tary Construction, Defense-wide for Planning and Design
11 for United States Indo-Pacific Command.
12 Subtitle F—Matters Relating to De-
13 pots and Ammunition Produc-
14 tion Facilities
15 SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRO-
16 DUCTION FACILITY MAINTENANCE AND RE-
17 PAIR: ANNUAL REPORT.
18 Chapter 9 of title 10, United States Code, is amended
19 by adding at the end the following new section (and con-
20 forming the table of sections at the beginning of such chap-
21 ter accordingly):
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00319 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
320
1 ‘‘§ 239d. Budgeting for depot and ammunition produc-
2 tion facility maintenance and repair: an-
3 nual report
4 ‘‘(a) ANNUAL REPORT.—The Secretary of Defense, in
5 coordination with the Secretaries of the military depart-
6 ments, shall include with the defense budget materials for
7 each fiscal year a report regarding the maintenance and
8 repair of covered facilities.
9 ‘‘(b) ELEMENTS.—Each report required under sub-
10 section (a) shall include, at a minimum, the following
11 (disaggregated by military department):
12 ‘‘(1) With respect to each of the three fiscal years
13 preceding the fiscal year covered by the defense budget
14 materials with which the report is included, revenue
15 data for that fiscal year for the maintenance, repair,
16 and overhaul workload funded at all the depots of the
17 military department.
18 ‘‘(2) With respect to the fiscal year covered by
19 the defense budget materials with which the report is
20 included and each of the two fiscal years prior, an
21 identification of the following:
22 ‘‘(A) The amount of appropriations budg-
23 eted for that fiscal year for depots, further
24 disaggregated by the type of appropriation.
25 ‘‘(B) The amount budgeted for that fiscal
26 year for working-capital fund investments by the
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00320 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
321
1 Secretary of the military department for the cap-
2 ital budgets of the covered depots of the military
3 department, shown in total and further
4 disaggregated by whether the investment relates
5 to the efficiency of depot facilities, work environ-
6 ment, equipment, equipment (non-capital invest-
7 ment program), or processes.
8 ‘‘(C) The total amount required to be in-
9 vested by the Secretary of the military depart-
10 ment for that fiscal year for the capital budgets
11 of covered depots pursuant to section 2476(a) of
12 this title.
13 ‘‘(D) A comparison of the budgeted amount
14 identified under subparagraph (B) with the total
15 required amount identified under subparagraph
16 (C).
17 ‘‘(E) For each covered depot of the military
18 department, of the total required amount identi-
19 fied under subparagraph (C), the percentage of
20 such amount allocated, or projected to be allo-
21 cated, to the covered depot for that fiscal year.
22 ‘‘(3) For each covered facility of the military de-
23 partment, the following:
24 ‘‘(A) Information on the average facility
25 condition, average critical facility condition, res-
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00321 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
322
1 toration and maintenance project backlog, and
2 average equipment age, including a description
3 of any changes in such metrics from previous
4 years.
5 ‘‘(B) Information on the status of the imple-
6 mentation at the covered facility of the plans
7 and strategies of the Department of Defense re-
8 lating to covered facility improvement, includ-
9 ing, as applicable, the implementation of the
10 strategy required under section 359 of the Na-
11 tional Defense Authorization Act for Fiscal Year
12 2020 (Public Law 116–92; 133 Stat. 1323; 10
13 U.S.C. 2460 note).
14 ‘‘(c) DEFINITIONS.—In this section:
15 ‘‘(1) The term ‘ammunition production facility’
16 means an ammunition organic industrial base pro-
17 duction facility.
18 ‘‘(2) The terms ‘budget’ and ‘defense budget ma-
19 terials’ have the meaning given those terms in section
20 234 of this title.
21 ‘‘(3) The term ‘covered depot’ has the meaning
22 given that term in section 2476 of this title.
23 ‘‘(4) The term ‘covered facility’ means a covered
24 depot or an ammunition production facility.’’.
•HR 7776 EAH
VerDate Sep 11 2014 00:43 Dec 08, 2022 Jkt 000000 PO 00000 Frm 00322 Fmt 6652 Sfmt 6203 Z:\XMLBILLS\H7776.EAH NODE
323
1 SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORK-
2 ING CAPITAL FUNDS FOR UNSPECIFIED
3 MINOR MILITARY CONSTRUCTION.
4 Section 2208(u)(4) of title 10, United States Code, is
5 amended by striking ‘‘2023’’ and inserting ‘‘2025’’.
6 SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT
7 AND AMMUNITION PRODUCTION FACILITY IN-
8 FRASTRUCTURE.
9 Chapter 146 of title 10, United States Code, is amend-
10 ed by inserting after section 2742 the following new section
11 (and conforming the table of sections at the beginning of
12 such chapter accordingly):
13 ‘‘§ 2473. Annual five-year plans on improvement of
14 depot infrastructure
15 ‘‘(a) SUBMISSION.—As part of the annual budget sub-
16 mission of the President under section 1105(a) of title 31,
17 each Secretary of a military department shall submit to
18 the congressional defense committees a plan describing the
19 objectives of that Secretary to improve depot infrastructure
20 during the five fiscal years following the fiscal year for
21 which such budget is submitted.
22 ‘‘(b) ELEMENTS.—Each plan submitted by a Secretary
23 of a military department under subsection (a) shall include
24 the following:
25 ‘‘(1) With respect to the five-year period covered
26 by the plan, an identification of the major lines of ef-
•HR 7776 EAH
Full text truncated for size; the complete document is in the PDF above.File and source
- File
- BILLS_bills-117hr7776eah_bills-117hr7776eah.pdf
- Size
- 7,482,380 bytes
- SHA-256
- f3f02a6593ed39f44d19f220d1068562ee2a5dc3e5be2e33e136850b5b1bac85
- Original
- www.govinfo.gov