H.R. 7776 — James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Enrolled)
Summary
H.R. 7776 of the One Hundred Seventeenth Congress, Second Session, is an Act to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Section 1 gives the short title, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. Section 2 organizes the Act into 11 divisions, beginning with Division A, Department of Defense Authorizations, and Division B, Military Construction Authorizations.
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“H.R. 7776 — James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Enrolled).”
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H. R. 7776
One Hundred Seventeenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
To authorize appropriations for fiscal year 2023 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) IN GENERAL.—This Act may be cited as the ‘‘James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023’’.
(b) REFERENCES.—Any reference in this or any other Act to
the ‘‘National Defense Authorization Act for Fiscal Year 2023’’ shall
be deemed to be a reference to the ‘‘James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into 11 divisions as fol-
lows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—Non-Department of Defense Matters.
(6) Division F—Intelligence Authorization Act for Fiscal
Year 2023.
(7) Division G—Homeland Security.
(8) Division H—Water Resources.
(9) Division I—Department of State Authorizations.
(10) Division J—Oceans and Atmosphere.
(11) Division K—Don Young Coast Guard Authorization
Act of 2022.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
H. R. 7776—2
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers.
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 waterborne
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 program.
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 aircraft.
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.
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 arti-
ficial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and Engi-
neering 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.
H. R. 7776—3
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 minor-
ity-serving institutions regarding National Security Innovation Network
programs that promote entrepreneurship and innovation 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 gen-
eration 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 communications
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 innovation
ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the De-
partment of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and de-
velopment centers.
Sec. 239. Report on recommendations from Army Futures Command Research Pro-
gram 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 information
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 exposure of
hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department of
Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and energy
performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered, or
hydrogen-powered vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense relating to re-
newable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and pro-
motion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements for
future operational energy needs of Department of Defense.
H. R. 7776—4
Sec. 321. Amendment to budgeting of Department of Defense relating to extreme
weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain mili-
tary 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 vehicles, or hy-
drogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at Red Hill
Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-Pacific
Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill Bulk
Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health 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 contamination
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 installations
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 Ship-
yard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support oper-
ations.
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 distribution
points in United States Indo-Pacific Command area of responsibility.
Subtitle F—Matters Relating to Depots and Ammunition Production Facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance and
repair: annual report.
H. R. 7776—5
Sec. 372. Extension of authorization of depot working capital funds for unspecified
minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition production fa-
cility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level main-
tenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for per-
formance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Department
of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safe-
ty 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 responsibilities
in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire prevention
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 sanitation
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 coun-
termeasures platforms.
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 of-
ficers 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 limitations
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.
H. R. 7776—6
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’ Train-
ing Corps in reports accompanying the national defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Reserve Of-
ficers’ 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.
Sec. 515. Authority to waive requirement that performance of Active Guard and
Reserve duty at the request of a Governor may not interfere with cer-
tain 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 Reserve
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 employees
and their families.
Sec. 523. Limitation of extension of period of active duty for a member who accepts
a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative 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 occupa-
tional 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 re-
cruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment in-
centives.
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 secondary
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 air-
craft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize in air
and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
H. R. 7776—7
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 or-
ganizations.
Sec. 549A. Briefing and report on resourcing required for implementation of mili-
tary 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 foundations.
Sec. 552. Individuals from the District of Columbia who may be considered for ap-
pointment 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 Tech-
nology: 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 acad-
emy 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 dependent
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.
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 Depart-
ment 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 financial
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 pur-
poses of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools op-
erated 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.
H. R. 7776—8
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; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Arling-
ton 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 installations.
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 authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay authori-
ties.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay; trav-
el 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 housing
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 residing with
the member.
Sec. 614. Basic allowance for housing for members without dependents when home
port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for 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 congres-
sional 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 train-
ing 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 assign-
ment.
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 accu-
mulate 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.
H. R. 7776—9
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection; training; report.
Subtitle F—Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur Autono-
mous 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; re-
port.
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 members
of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE di-
rectory.
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 de-
pendents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and over-
sight 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 med-
ical 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 de-
livery of health and medical care through use of other transaction au-
thority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humanitarian, or ref-
ugee 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 Med-
ical Logistics Directorate and Military Health System Education and
Training Directorate.
Subtitle C—Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military medical man-
ning and medical billets.
H. R. 7776—10
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 committee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruction.
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 military
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 individ-
uals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of Defense;
congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength: certifi-
cation 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 exposure
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 department
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 vio-
lence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed Forces.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
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 deploy-
ment of capabilities needed under specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal for disclo-
sure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition pro-
grams.
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 pro-
posed 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 weap-
ons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
H. R. 7776—11
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 ex-
cellence.
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.
Sec. 836. Department of Defense national imperative for industrial skills program.
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 procurement
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 industrial
capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobilization
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 tech-
nologies.
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 ac-
quisition 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.
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.
H. R. 7776—12
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 identify,
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 oper-
ations.
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 counterter-
rorism 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 capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating battle
force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning baseline
plans.
Sec. 1027. Withholding of certain information about sunken military crafts.
Sec. 1028. Business case analyses on disposition of certain Government-owned dry-
docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D—Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or release of 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 facilities
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 Station, Guanta-
namo 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.
H. R. 7776—13
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 enhance-
ment of information sharing and coordination of military training be-
tween Department of Homeland Security and Department 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 authority to
transfer excess aircraft to States.
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 operations.
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 Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for civil authori-
ties 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 receiv-
ing 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 at-
tack 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 Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2 joint training ex-
ercises.
H. R. 7776—14
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 employees
choosing to report experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal civilian em-
ployees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the Department
of Defense.
Sec. 1105. Temporary extension of authority to provide security for former Depart-
ment 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 appoint-
ments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract experts in
science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic shaping of the
workforce to improve the technical skills and expertise at certain de-
partment of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for noncompetitive ap-
pointments 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 organizations.
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-Colombia Ac-
tion 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 Warfare
Center and a Regional Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of operations.
Sec. 1206. Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States military oper-
ations.
Sec. 1207. Modification and extension of authority to support border security oper-
ations 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, assist,
and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation Pilot Pro-
gram.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the Islamic
Emirate of Afghanistan.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities of Iran and
related activities.
Sec. 1232. Extension of authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted Syrian groups and
individuals.
H. R. 7776—15
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 in-
volving 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 in-
volving the People’s Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to authorize
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 include ces-
sation 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.
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 People’s
Republic of China that provide support to the People’s Liberation 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-Pa-
cific region.
Sec. 1262. Report on bilateral agreements supporting United States military pos-
ture 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 Headquarters.
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 se-
curity 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.
H. R. 7776—16
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 Mate-
rials 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.
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 Cap-
tain 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 cybersecurity
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 Jordan.
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 sys-
tems 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 infor-
mation 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 lexi-
con for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of information op-
erations 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.
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 Ele-
ments.
H. R. 7776—17
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 intel-
ligence.
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 control
responsibility to Commander of United States Cyber Command.
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 adversaries
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 deliv-
ery 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 technology
development.
Sec. 1608. Review of Space Development Agency exemption from Joint Capabilities
Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack As-
sessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that support operational
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.
H. R. 7776—18
Sec. 1652. Improvements to acquisition accountability reports on the ballistic mis-
sile 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 home-
land.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain allies
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.
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 pro-
vided 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 system in
Kalaeloa, Hawaii.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
H. R. 7776—19
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.
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 activi-
ties funded through Department of Defense Base Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal activities through
Department of Defense Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and closure
(BRAC) round.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to carry out
unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar thresholds applicable
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 military
construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research, development,
test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy, Installations,
and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations for military
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 Facilities
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 impact
cost and scope of work of military construction projects.
H. R. 7776—20
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 Mar-
ket 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 installa-
tions.
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, Virginia
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 construction
projects.
Sec. 2852. Report on capacity of Department of Defense to provide survivors of nat-
ural disasters with emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States military instal-
lations 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 certain
projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the report on stra-
tegic 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 ma-
terials in military construction to include locations throughout 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 Inspectors
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 cen-
ters.
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 avia-
tion.
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.
H. R. 7776—21
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.
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 nonoperational
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-di-
rected 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.
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.
H. R. 7776—22
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes pro-
cured, furnished, or financed by other Federal departments and agen-
cies.
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 modernization
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.
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.
H. R. 7776—23
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 Af-
fairs.
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 Af-
fairs.
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; program
on intermediate care technicians of Department of Veterans 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 wrong-
doing 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 In-
spector General.
Subtitle E—Council of the Inspectors General on Integrity and Efficiency Report on
Expenditures
Sec. 5251. CIGIE report on expenditures.
H. R. 7776—24
Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to Inspectors Gen-
eral.
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 organi-
zations 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 alle-
gations; 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, de-
feat aggression by the People’s Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions and support
for Taiwan.
Sec. 5504. International military education and training cooperation with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military forces of Tai-
wan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales program.
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 intelligence
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.
H. R. 7776—25
Sec. 5518. Strategy to support Taiwan’s meaningful participation in international
organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil Aviation
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 ob-
jectives of the People’s Republic of China with respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic relations with
Taiwan.
PART 5—SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN
Sec. 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 Tai-
wan.
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 influence.
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.
H. R. 7776—26
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.
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.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation with Mex-
ico.
Sec. 5599. Report on Chinese support to Russia with respect to its unprovoked in-
vasion 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.
H. R. 7776—27
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 re-
lief 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.
Sec. 5825. Shorter-term burden reduction and disclosure simplification at the Secu-
rities 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 Bureau
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 Reserve
System.
H. R. 7776—28
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.
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 Reclamation
dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration property
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.
H. R. 7776—29
Sec. 6002. Definitions.
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 Uni-
versity.
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 attack.
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 National
Intelligence.
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 certain
personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce wellbeing.
Subtitle C—Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence community.
H. R. 7776—30
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 accountability.
Sec. 6513. Lead intelligence community coordinator for countering and neutralizing
proliferation of Iran-origin unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department of Com-
merce to counter foreign commercial threats.
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 adminis-
tration 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 com-
munity with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and information of ur-
gent concern received by inspectors general of the intelligence commu-
nity.
TITLE LXVII—MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A—General Matters
Sec. 6701. Definitions.
H. R. 7776—31
Sec. 6702. Additional responsibilities of Director of National Intelligence for artifi-
cial intelligence policies, standards, and guidance for the intelligence
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 in-
tegration.
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 cer-
tain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal Ac-
quisition Regulation relating to commercially available off-the-shelf
items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for artificial
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 com-
munity.
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 related
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 Over-
sight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anomalous
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 under-
take an effort to identify International Mobile Subscriber Identity-catch-
ers.
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 requirements.
Sec. 6812. Increased intelligence-related engineering, research, and development
capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under Trusted
Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National Geospatial-Intel-
ligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information in personnel
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.
H. R. 7776—32
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.
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 recommenda-
tions.
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 capa-
bilities to demonstrate modernization activities related to use cases.
H. R. 7776—33
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.
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.
H. R. 7776—34
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.
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 Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek, California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley, Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project, Texas.
H. R. 7776—35
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 capacity.
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, Colo-
rado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles County Drain-
age 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.
H. R. 7776—36
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 Lev-
ees 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.
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.
H. R. 7776—37
Sec. 9002. Definitions.
TITLE XCI—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF
STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and Compliance
and the Bureau of International Security and Nonproliferation.
Sec. 9102. Notification to Congress for United States nationals unlawfully or
wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the Department of
State’s Unit for Subnational Diplomacy.
TITLE XCII—PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to, harassment,
discrimination, sexual assault, and related retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and 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 immu-
nities.
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.
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.
H. R. 7776—38
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 diplo-
macy.
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 pri-
vate, 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.
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 EXPLORATION
OF THE GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
H. R. 7776—39
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 Council.
Sec. 10305. Modifications to the ocean exploration program of the National Oceanic
and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the National
Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of 1998.
TITLE CIV—MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid Re-
sponse 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 Sys-
tem.
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.
H. R. 7776—40
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness through condi-
tion-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E–LORAN.
Subtitle B—Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet mission de-
mands.
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 per-
formance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine transportation system.
Subtitle E—Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program authorization
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 strategy
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.
Sec. 11244. Expansion of authority for multirater assessments of certain personnel.
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.
H. R. 7776—41
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 Mans-
field.
Sec. 11266. Procurement of tethered aerostat radar system for Coast Guard Station
South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities associated with
Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing for
fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H—Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit 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.
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 recreational
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.
H. R. 7776—42
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.
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 transition
program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast Guard
in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C—Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted members of
Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D—Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard per-
sonnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV—MARITIME
Subtitle A—Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard oversight of
third-party organizations.
H. R. 7776—43
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 creden-
tials.
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 ac-
tivities.
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.
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 amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
H. R. 7776—44
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ‘‘congressional defense committees’’ has
the meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, jointly submitted for printing
in the Congressional Record by the Chairmen of the House and
Senate Budget Committees, provided that such statement has been
submitted prior to the vote on passage in the House acting first
on the conference report or amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about December
7, 2022, by the Chairman of the Committee on Armed Services
of the House of Representatives and the Chairman of the Committee
on Armed Services of the Senate, shall have the same effect with
respect to the implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers.
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 waterborne
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 program.
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 aircraft.
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.
H. R. 7776—45
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.
Subtitle A—Authorization of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2023 for procurement for the Army, the Navy and the Marine
Corps, the Air Force and the Space Force, and Defense-wide activi-
ties, as specified in the funding table in section 4101.
Subtitle B—Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE
CANNON ARTILLERY HOWITZERS.
(a) LIMITATIONS.—In carrying out the acquisition of Extended
Range Cannon Artillery howitzers, the Secretary of the Army
shall—
(1) limit production of prototype Extended Range Cannon
Artillery howitzers to not more than 20;
(2) compare the cost and value to the United States Govern-
ment of a Paladin Integrated Management-modification produc-
tion approach with a new-build production approach;
(3) include in any cost analysis or comparison—
(A) the monetary value of a Paladin howitzer that
may be modified to produce an Extended Range Cannon
Artillery howitzer; and
(B) the monetary value of leveraging government-
owned infrastructure to facilitate the modification;
(4) use a full and open competitive approach using best
value criteria for post-prototype production source selection;
and
(5) base any production strategy and source selection
decisions on a full understanding of the cost of production,
including—
(A) the comparison of production approaches described
in paragraph (2); and
H. R. 7776—46
(B) any cost analysis or comparison described in para-
graph (3).
(b) CERTIFICATION.—Before issuing a request for proposal for
the post-prototype production of an Extended Range Cannon Artil-
lery howitzer, the Secretary of the Army shall—
(1) certify to the congressional defense committees that
the acquisition strategy upon which the request for proposal
is based complies with the requirements of subsection (a); and
(2) provide to the congressional defense committees a
briefing on that acquisition strategy and the relevant cost and
value comparison described in subsection (a)(2).
(c) INCLUSION OF CERTAIN INFORMATION IN BUDGET MATE-
RIALS.—The Secretary of the Army shall ensure that the cost of
procuring Paladin howitzers to be modified for post-prototype
production of Extended Range Cannon Artillery howitzers is
included—
(1) in the materials relating to the Extended Range Cannon
Artillery program submitted in support of the budget of the
President (as submitted to Congress under section 1105(a) of
title 31, United States Code) for each fiscal year in which
such program is carried out; and
(2) in any budget briefings concerning such program.
Subtitle C—Navy Programs
SEC. 121. REQUIREMENTS RELATING TO EA–18G AIRCRAFT OF THE
NAVY.
(a) LIMITATIONS AND MINIMUM INVENTORY REQUIREMENTS.—
Section 8062 of title 10, United States Code, is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new sub-
section:
‘‘(f)(1)(A) During the period beginning on the date of the enact-
ment of the National Defense Authorization Act for Fiscal Year
2023 and ending on September 30, 2027, the Secretary of the
Navy may not—
‘‘(i) retire an EA–18G aircraft;
‘‘(ii) reduce funding for unit personnel or weapon
system sustainment activities for EA–18G aircraft in
a manner that presumes future congressional authority
to divest such aircraft;
‘‘(iii) place an EA–18G aircraft in active storage
status or inactive storage status; or
‘‘(iv) keep an EA–18G aircraft in a status consid-
ered excess to the requirements of the possessing com-
mand and awaiting disposition instructions.
‘‘(B) The prohibition under subparagraph (A) shall not
apply to individual EA–18G aircraft that the Secretary of the
Navy determines, on a case-by-case basis, to be no longer mis-
sion capable and uneconomical to repair because of aircraft
accidents or mishaps.
‘‘(2)(A) The Secretary of the Navy shall maintain a total aircraft
inventory of EA–18G aircraft of not less than 158 aircraft, of which
not less than 126 aircraft shall be coded as primary mission aircraft
inventory.
H. R. 7776—47
‘‘(B) The Secretary of the Navy may reduce the number of
EA–18G aircraft in the inventory of the Navy below the minimum
number specified in subparagraph (A) if the Secretary determines,
on a case-by-case basis, that an aircraft is no longer mission capable
and uneconomical to repair because of aircraft accidents or mishaps.
‘‘(C) In this paragraph, the term ‘primary mission aircraft
inventory’ means aircraft assigned to meet the primary aircraft
authorization—
‘‘(i) to a unit for the performance of its wartime mission;
‘‘(ii) to a training unit for technical and specialized training
for crew personnel or leading to aircrew qualification;
‘‘(iii) to a test unit for testing of the aircraft or its compo-
nents for purposes of research, development, test, and evalua-
tion, operational test and evaluation, or to support testing
programs; or
‘‘(iv) to meet requirements for missions not otherwise speci-
fied in clauses (i) through (iii).’’.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Navy and the
Secretary of the Air Force shall jointly submit to the congressional
defense committees a report that includes a strategy and execution
plan for continuously and effectively meeting the airborne electronic
attack training and combat requirements of the joint force. At
a minimum, the strategy and execution plan shall provide for—
(1) the integration and utilization of both reserve and active
duty component forces and resources within the Department
of the Navy and the Department of the Air Force; and
(2) the establishment or continuation of one or more joint
service expeditionary, land-based electronic attack squadrons
that equal or exceed the capacity and capability of such squad-
rons in effect as of the date of the enactment of this Act.
SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL
INCENTIVE.
(a) IN GENERAL.—Chapter 863 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL
INCENTIVE.
‘‘(a) REQUIREMENT.—
‘‘(1) IN GENERAL.—The Secretary of the Navy shall include
in any solicitation for a covered contract a special incentive
for workforce development that funds one or more workforce
development activities described in subsection (c).
‘‘(2) AMOUNT OF SPECIAL INCENTIVE.—The amount of a spe-
cial incentive required under subsection (a)(1) shall be equal
to not less than one quarter of one percent and not more
than one percent of the estimated cost of the covered contract.
‘‘(3) WAIVER.—
‘‘(A) IN GENERAL.—The Secretary of the Navy may
waive one or more of the requirements of this section
if the Secretary determines—
‘‘(i) unreasonable cost or delay would be incurred
by complying with such requirements;
‘‘(ii) existing workforce development initiatives are
sufficient to meet workforce needs;
‘‘(iii) there are minimal workforce development
issues to be addressed; or
H. R. 7776—48
‘‘(iv) it is not in the national security interests
of the United States to comply with such requirements.
‘‘(B) NOTICE TO CONGRESS.—Not less than 30 days prior
to issuing a waiver under subparagraph (A), the Secretary
of the Navy shall submit to the congressional defense
committees written notice of the intent of the Secretary
to issue such a waiver. Such notice shall specify the basis
for such waiver and include a detailed explanation of the
reasons for issuing the waiver.
‘‘(b) MATCHING CONTRIBUTION REQUIREMENT.—
‘‘(1) IN GENERAL.—Funds for a special incentive for
workforce development required under subsection (a)(1) may
be expended only—
‘‘(A) on or after the date on which the service acquisi-
tion executive of the Navy receives a written commitment
from one or more entities described in paragraph (2) of
separate and distinct cumulative monetary contributions
to be made on or after the date of such commitment for
workforce development; and
‘‘(B) in an amount that is equal to the aggregate
amount of all monetary contributions from entities that
made commitments under subparagraph (A) not to exceed
the amount of funding made available for the special incen-
tive under subsection (a)(2).
‘‘(2) ENTITIES DESCRIBED.—The entities described in this
paragraph are the following:
‘‘(A) The prime contractor that was awarded a covered
contract.
‘‘(B) A qualified subcontractor.
‘‘(C) A State government or other State entity.
‘‘(D) A county government or other county entity.
‘‘(E) A local government or other local entity.
‘‘(F) An industry association, organization, or consor-
tium that directly supports workforce development.
‘‘(3) SPECIAL RULE.—In a case in which the aggregate
amount of all monetary contributions from entities that made
commitments under paragraph (1)(A) is less than the minimum
amount specified for the special incentive under subsection
(a)(2), funds for the special incentive may be expended in an
amount equal to such lesser amount.
‘‘(c) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Funds for a special incentive for
workforce development required under subsection (a)(1) may
be obligated or expended only to provide for the activities
described in paragraph (2) in support of the production and
production support workforce of the prime contractor concerned
or a qualified subcontractor concerned.
‘‘(2) ACTIVITIES DESCRIBED.—The activities described in this
paragraph are the following:
‘‘(A) The creation of short- and long-term workforce
housing, transportation, and other support services to facili-
tate attraction, relocation, and retention of workers.
‘‘(B) The expansion of local talent pipeline programs
for both new and existing workers.
‘‘(C) Investments in long-term outreach in middle
school and high school programs, specifically career and
H. R. 7776—49
technical education programs, to promote and develop
manufacturing skills.
‘‘(D) The development or modification of facilities for
the primary purpose of workforce development.
‘‘(E) Payment of direct costs attributable to workforce
development.
‘‘(F) Attraction and retention bonus programs.
‘‘(G) On-the-job training to develop key manufacturing
skills.
‘‘(d) APPROVAL REQUIREMENT.—The service acquisition execu-
tive of the Navy shall—
‘‘(1) provide the final approval of the use of funds for
a special incentive for workforce development required under
subsection (a)(1); and
‘‘(2) not later than 30 days after the date on which such
approval is provided, certify to the congressional defense
committees compliance with the requirements of subsections
(b) and (c), including—
‘‘(A) a detailed explanation of such compliance; and
‘‘(B) the associated benefits to—
‘‘(i) the Federal Government; and
‘‘(ii) the shipbuilding industrial base of the Navy.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered contract’ means a prime contract
for the construction of a naval vessel funded using amounts
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy.
‘‘(2) The term ‘qualified subcontractor’ means a subcon-
tractor that will deliver the vessel or vessels awarded under
a covered contract to the Navy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 863 of such title is amended by adding at the
end the following new item:
‘‘8696. Navy shipbuilding workforce development special incentive.’’.
(c) APPLICABILITY.—Section 8696 of title 10, United States Code,
as added by subsection (a), shall apply with respect to—
(1) a solicitation for a covered contract (as defined in sub-
section (e) of that section) made on or after June 1, 2023;
and
(2) a solicitation or award of a covered contract, if otherwise
determined appropriate by the Secretary of the Navy.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR NAVY PORT WATERBORNE SECURITY BARRIERS.
(a) IN GENERAL.—Subsection (a) of section 130 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 132 Stat. 1665), as most recently amended
by section 122 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1570), is further amended
by striking ‘‘for fiscal years 2019, 2020, 2021, or 2022’’ and inserting
‘‘for any of fiscal years 2019 through 2023’’.
(b) TECHNICAL AMENDMENT.—Subsection (b)(4) of such section
is amended by striking ‘‘section 2304’’ and inserting ‘‘sections 3201
through 3205’’.
H. R. 7776—50
SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPABILITIES AND
FLEET CONFIGURATION OF E–6B AIRCRAFT.
(a) LIMITATION.—Until the date on which the certification
described in subsection (b) is submitted to the congressional defense
committees, the Secretary of the Navy—
(1) may not retire, or prepare to retire, any E–6B aircraft;
(2) shall maintain the fleet of E–6B aircraft in the configu-
ration in effect as of the date of the enactment of this Act;
and
(3) shall ensure that E–6B aircraft continue to meet the
operational requirements of the combatant commands that are
met by such aircraft as of the date of the enactment of this
Act.
(b) CERTIFICATION DESCRIBED.—The certification described in
this subsection is a written certification from the Chair of the
Joint Requirements Oversight Council indicating that the replace-
ment capability for the E–6B aircraft—
(1) will be fielded at the same time or before the retirement
of the first E–6B aircraft; and
(2) at the time such replacement capability achieves initial
operational capability, will have the ability to meet the oper-
ational requirements of the combatant commands that have
been, or that are expected to be, assigned to such replacement
capability.
(c) EXCEPTION.—The requirements of subsection (a) shall not
apply to an individual E–6B aircraft otherwise required to be main-
tained by that subsection if the Secretary of the Navy determines,
on a case-by-case basis, that such aircraft is no longer mission
capable due to a mishap or other damage.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH
BURKE CLASS DESTROYERS.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 3501 of title 10, United States Code, the Secretary of the
Navy may enter into one or more multiyear contracts for the
procurement of up to 15 Arleigh Burke class Flight III guided
missile destroyers.
(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts, beginning in
fiscal year 2023, for advance procurement associated with the
destroyers for which authorization to enter into a multiyear procure-
ment contract is provided under subsection (a), and for systems
and subsystems associated with such destroyers in economic order
quantities when cost savings are achievable.
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year after fiscal year 2023 is subject to the availability
of appropriations or funds for that purpose for such later fiscal
year.
(d) MANDATORY INCLUSION OF PRE-PRICED OPTION IN CERTAIN
CIRCUMSTANCES.—
(1) IN GENERAL.—In the event the total base quantity of
destroyers to be procured through all contracts entered into
under subsection (a) is less than 15, the Secretary of the Navy
shall ensure that one or more of the contracts includes a pre-
priced option for the procurement of additional destroyers such
H. R. 7776—51
that the sum of such base quantity and the number of
destroyers that may be procured through the exercise of such
options is equal to 15 destroyers.
(2) DEFINITIONS.—In this subsection:
(A) The term ‘‘base quantity’’ means the quantity of
destroyers to be procured under a contract entered into
under subsection (a) excluding any quantity of destroyers
that may be procured through the exercise of an option
that may be part of such contract.
(B) The term ‘‘pre-priced option’’ means a contract
option for a contract entered into under subsection (a)
that, if exercised, would allow the Secretary of the Navy
to procure a destroyer at a predetermined price specified
in such contract.
(e) LIMITATION.—The Secretary of the Navy may not modify
a contract entered into under subsection (a) if the modification
would increase the target price of the destroyer by more than
10 percent above the target price specified in the original contract
for the destroyer under subsection (a).
SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE CON-
NECTOR PROGRAM.
(a) CONTRACT AUTHORITY.—Beginning in fiscal year 2023, the
Secretary of the Navy may enter into one or more contracts for
the procurement of up to 25 Ship-to-Shore Connector class craft
and associated material.
(b) LIABILITY.—Any contract entered into under subsection (a)
shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropria-
tions for that purpose; and
(2) the total liability of the Federal Government for termi-
nation of the contract shall be limited to the total amount
of funding obligated to the contract at the time of termination.
(c) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of the Navy certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for the Ship-
to-Shore Connector program:
(1) The use of such a contract is consistent with the Chief
of Naval Operations’ projected force structure requirements
for Ship-to-Shore Connector class craft.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated end cost and appropriated funds
by fiscal year, by craft, without the authority provided
in subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by craft, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by craft, with the authority provided in subsection
(a);
H. R. 7776—52
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the esti-
mated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic, including a
description of the basis for such estimates.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(d) MILESTONE DECISION AUTHORITY DEFINED.—In this section,
the term ‘‘milestone decision authority’’ has the meaning given
that term in section 4251(d) of title 10, United States Code.
SEC. 127. PROCUREMENT AUTHORITY FOR CH–53K HEAVY LIFT HELI-
COPTER PROGRAM.
(a) CONTRACT AUTHORITY.—During fiscal years 2023 and 2024,
the Secretary of the Navy may enter into one or more fixed-price
contracts for the procurement of airframes and engines in support
of the CH–53K heavy lift helicopter program (in this section referred
to as the ‘‘program’’).
(b) LIABILITY.—Any contract entered into under subsection (a)
shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropria-
tions for that purpose; and
(2) the total liability of the Federal Government for termi-
nation of the contract shall be limited to the total amount
of funding obligated to the contract at the time of termination.
(c) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of Defense certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority (as defined
in section 4251(d) of title 10, United States Code) for the program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated obligations and expenditures by fiscal
year for the program without the authority provided in
subsection (a);
(B) the estimated obligations and expenditures by fiscal
year for the program with the authority provided in sub-
section (a);
H. R. 7776—53
(C) the estimated cost savings or increase by fiscal
year for the program with the authority provided in sub-
section (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the esti-
mated cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to avoid
contract cancellation.
(3) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(4) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense pro-
gram submitted to Congress under section 221 of title 10,
United States Code, for such fiscal year will include the funding
required to execute the program without cancellation.
SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS
FLEET REPLENISHMENT OILER SHIPS.
(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—During fiscal years 2023
and 2024, the Secretary of the Navy may enter into one or
more contracts for the procurement of not more than eight
John Lewis-class fleet replenishment oiler ships.
(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CON-
TRACTS.—The ships authorized to be procured under paragraph
(1) may be procured as additions to existing contracts covering
the John Lewis-class fleet replenishment oiler ship program.
(b) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of the Navy certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for the John
Lewis-class fleet replenishment oiler ship program:
(1) The use of such a contract is consistent with the Depart-
ment of the Navy’s projected force structure requirements for
such ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated end cost and appropriated funds
by fiscal year, by hull, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by hull, with the authority provided in
subsection (a);
H. R. 7776—54
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the esti-
mated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense pro-
gram (as defined under section 221 of title 10, United States
Code) for such fiscal year will include the funding required
to execute the program without cancellation.
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts for advance
procurement associated with a ship or ships for which authorization
to enter into a contract is provided under subsection (a), and for
systems and subsystems associated with such ships in economic
order quantities when cost savings are achievable.
(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year is subject to the availability of appropriations for
that purpose for such fiscal year.
(e) MILESTONE DECISION AUTHORITY DEFINED.—In this section,
the term ‘‘milestone decision authority’’ has the meaning given
that term in section 4251(d) of title 10, United States Code.
SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.
(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—The Secretary of the Navy
may enter into one or more contracts for the procurement
of up to five covered ships.
(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CON-
TRACTS.—The ships authorized to be procured under paragraph
(1) may be procured as additions to existing contracts covering
programs for covered ships.
(b) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of the Navy certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for the covered
ship program concerned:
H. R. 7776—55
(1) The use of such a contract is consistent with the Com-
mandant of the Marine Corps’ projected force structure require-
ments for amphibious ships.
(2) The use of such a contract will result in savings com-
pared to the total anticipated costs of carrying out the program
through annual contracts. In certifying cost savings under the
preceding sentence, the Secretary shall include a written expla-
nation of—
(A) the estimated end cost and appropriated funds
by fiscal year, by hull, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by hull, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a); and
(D) the contractual actions that will ensure the esti-
mated cost savings are realized.
(3) The Secretary of the Navy has a reasonable expectation
that throughout the contemplated contract period funding will
be available for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts for advance
procurement associated with a ship or ships for which authorization
to enter into a contract is provided under subsection (a), and for
systems and subsystems associated with such ships in economic
order quantities when cost savings are achievable.
(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year is subject to the availability of appropriations for
that purpose for such fiscal year.
(e) TERMINATION.—The authority of the Secretary of the Navy
to enter into contracts under subsection (a) shall terminate on
September 30, 2026.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘covered ship’’ means a San Antonio-class
or America-class ship.
(2) The term ‘‘milestone decision authority’’ has the
meaning given that term in section 4251(d) of title 10, United
States Code.
H. R. 7776—56
SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF THE
DDG(X) DESTROYER PROGRAM.
(a) IN GENERAL.—If the milestone decision authority of the
covered program elects to use source selection procedures for the
detailed design and construction of the covered program other than
those specified in section 3201 of title 10, United States Code,
the Secretary of the Navy—
(1) with respect to prime contracts for concept design,
preliminary design, and contract design for the covered pro-
gram—
(A) shall award such contracts to eligible shipbuilders;
and
(B) may award such contracts to other contractors;
(2) shall award prime contracts for detailed design and
construction for the covered program only to eligible ship-
builders; and
(3) shall allocate only one vessel in the covered program
to each eligible shipbuilder that is awarded a prime contract
under paragraph (2).
(b) COLLABORATION REQUIREMENT.—The Secretary of the Navy
shall maximize collaboration among the Federal Government and
eligible shipbuilders throughout the design and development phases
of the covered program, including—
(1) using a common design tool; and
(2) sharing production lessons learned.
(c) COMPETITIVE INCENTIVE REQUIREMENT.—The Secretary of
the Navy shall provide for competitive incentives for eligible ship-
builders and other contractors throughout the design, development,
and production phases of the covered program, including the fol-
lowing:
(1) Allocation of design labor hours, provided that no
eligible shipbuilder has fewer than 30 percent of aggregate
design labor hours for any phase of vessel design for the covered
program.
(2) Allocation of the lead ship in the covered program.
(3) To the maximum extent practicable, competitive solicita-
tions for vessel procurement under the covered program.
(d) TECHNOLOGY MATURATION REQUIREMENTS.—The Secretary
of the Navy shall incorporate into the acquisition strategy of the
covered program the requirements of the following:
(1) Section 131 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1237).
(2) Section 221 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1599).
(e) TRANSITION REQUIREMENT.—The Secretary of the Navy shall
ensure that the transition from the Arleigh Burke-class destroyer
program to the covered program maintains predictable production
workload for eligible shipbuilders.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘covered program’’ means the program of
the Department of the Navy to procure DDG(X) destroyer class
vessels.
(2) The term ‘‘eligible shipbuilder’’ means a prime con-
tractor designated by the milestone decision authority to per-
form detailed design and construction of the covered program.
(3) The term ‘‘milestone decision authority’’ has the
meaning given in section 4211 of title 10, United States Code.
H. R. 7776—57
SEC. 131. TOMAHAWK AND STANDARD MISSILE–6 CAPABILITY ON FFG–
62 CLASS VESSELS.
Before the first deployment of the vessel designated FFG–
63 and that of each successive vessel in the FFG–62 class, the
Secretary of the Navy shall ensure that such vessel is capable
of carrying and employing Tomahawk and Standard Missile–6 mis-
siles.
SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN–82 AND CVN–
83.
(a) REPORT.—Not later than March 1, 2023, the Secretary of
the Navy shall submit to the congressional defense committees
a report on the plan of the Navy for advance procurement for
the aircraft carriers designated CVN–82 and CVN–83.
(b) ELEMENTS.—The report required by subsection (a) shall
include an assessment of—
(1) the value, cost, and feasibility of a two-year advance
procurement period under a single-carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year advance
procurement period under a single-carrier acquisition strategy;
(3) the value, cost, and feasibility of a two-year advance
procurement period under a two-carrier acquisition strategy;
(4) the value, cost, and feasibility of a three-year advance
procurement period under a two-carrier acquisition strategy;
and
(5) the effect of a two-carrier acquisition strategy on force
development and fleet capability.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘single-carrier acquisition strategy’’ means
a strategy for the procurement of the aircraft carriers des-
ignated CVN–82 and CVN–83 pursuant to which each aircraft
carrier is procured separately under a different contract.
(2) The term ‘‘two-carrier acquisition strategy’’ means a
strategy for the procurement of the aircraft carriers designated
CVN–82 and CVN–83 pursuant to which both aircraft carriers
are procured together under one contract.
SEC. 133. QUARTERLY BRIEFINGS ON THE CH–53K KING STALLION
HELICOPTER PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the date of
the enactment of this Act, and on a quarterly basis thereafter
through the end of fiscal year 2024, the Secretary of the Navy
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the progress of
the CH–53K King Stallion helicopter program.
(b) ELEMENTS.—Each briefing under subsection (a) shall
include, with respect to the CH–53K King Stallion helicopter pro-
gram, the following:
(1) An overview of the program schedule.
(2) A statement of the total cost of the program as of
the date of the briefing, including the cost of development,
testing, and production.
(3) A comparison of the total cost of the program relative
to the original acquisition program baseline and the most
recently approved acquisition program baseline as of the date
of the briefing.
H. R. 7776—58
(4) An assessment of the flight testing that remains to
be conducted under the program, including any testing required
for validation of correction of technical deficiencies.
(5) An update on the status of the correction of technical
deficiencies under the program and any effects on the program
schedule resulting from the discovery and correction of such
deficiencies.
(c) CONFORMING REPEAL.—Section 132 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1238) is repealed.
Subtitle D—Air Force Programs
SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIR-
CRAFT OF THE COMBAT AIR FORCES.
(a) TOTAL FIGHTER AIRCRAFT INVENTORY REQUIREMENTS.—Sec-
tion 9062(i)(1) of title 10, United States Code, is amended by
striking ‘‘1,970’’ and inserting ‘‘1,800’’.
(b) A–10 MINIMUM INVENTORY REQUIREMENTS.—
(1) Section 134(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038)
is amended by striking ‘‘171’’ and inserting ‘‘153’’.
(2) Section 142(b)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 755)
is amended by striking ‘‘171’’ and inserting ‘‘153’’.
(c) MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS
FOR DESTRUCTION OF A–10 AIRCRAFT IN STORAGE STATUS.—Section
135(a) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114–328; 130 Stat. 2039) is amended by striking
‘‘the report required under section 134(e)(2)’’ and inserting ‘‘a report
that includes the information described in section 134(e)(2)(C)’’.
SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELATING TO AIR
REFUELING TANKER AIRCRAFT.
(a) MINIMUM INVENTORY REQUIREMENT FOR AIR REFUELING
TANKER AIRCRAFT.—Section 9062(j) of title 10, United States Code,
is amended—
(1) by striking ‘‘effective October 1, 2019,’’; and
(2) by striking ‘‘479’’ each place it appears and inserting
‘‘466’’.
(b) REPEAL OF LIMITATION ON RETIREMENT OF KC–135 AIR-
CRAFT.—Section 137 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1576) is
amended—
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(c) MINIMUM NUMBER OF AIR REFUELING TANKER AIRCRAFT
IN PMAI OF THE AIR FORCE.—Section 135(a) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 134 Stat. 3431) is amended by
striking ‘‘412’’ and inserting ‘‘400’’.
(d) PROHIBITION ON REDUCTION OF KC–135 AIRCRAFT IN PMAI
OF THE RESERVE COMPONENTS.—
(1) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
H. R. 7776—59
2023 for the Air Force may be obligated or expended to reduce,
by more than 12 aircraft, the number of KC–135 aircraft des-
ignated as primary mission aircraft inventory within the
reserve components of the Air Force.
(2) PRIMARY MISSION AIRCRAFT INVENTORY DEFINED.—In
this subsection, the term ‘‘primary mission aircraft inventory’’
has the meaning given that term in section 9062(i)(2)(B) of
title 10, United States Code.
SEC. 143. REQUIREMENTS RELATING TO F–22 AIRCRAFT.
(a) LIMITATIONS AND MINIMUM INVENTORY REQUIREMENTS.—
Section 9062 of title 10, United States Code, is amended by adding
at the end the following new subsection:
‘‘(k)(1) During the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2023
and ending on September 30, 2027, the Secretary of the Air Force
may not—
‘‘(A) retire an F–22 aircraft;
‘‘(B) reduce funding for unit personnel or weapon system
sustainment activities for F–22 aircraft in a manner that pre-
sumes future congressional authority to divest such aircraft;
‘‘(C) keep an F–22 aircraft in a status considered excess
to the requirements of the possessing command and awaiting
disposition instructions (commonly referred to as ‘XJ’ status);
or
‘‘(D) decrease the total aircraft inventory of F–22 aircraft
below 184 aircraft.
‘‘(2) The prohibition under paragraph (1) shall not apply to
individual F–22 aircraft that the Secretary of the Air Force deter-
mines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft accidents, mishaps,
or excessive material degradation and non-airworthiness status of
certain aircraft.’’.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
that includes a strategy and execution plan, approved by the
Secretary, for conducting formal training for F–22 aircrews
to ensure that combat capability, capacity, and availability
at all F–22 operational units is not degraded.
(2) ELEMENTS.—The strategy and execution plan under
paragraph (1) shall—
(A) address how the Air Force will avoid—
(i) diminishing the combat effectiveness of all block
variants of F–22 aircraft;
(ii) exacerbating F–22 aircraft availability con-
cerns; and
(iii) complicating F–22 aircraft squadron mainte-
nance operations; and
(B) include the plan of the Secretary for—
(i) the basing of 184 F–22 aircraft; and
(ii) the reestablishment of one or more F–22 formal
training units, including—
(I) the planned location of such units;
(II) the planned schedule for the reestablish-
ment of such units; and
H. R. 7776—60
(III) and the number of F–22 aircraft that
are expected to be assigned to such units.
(c) COMPTROLLER GENERAL AUDIT.—
(1) AUDIT REQUIRED.—The Comptroller General of the
United States shall conduct an audit to assess and validate
data and information relating to—
(A) the events and activities that would be necessary
to upgrade Block 20 F–22 aircraft to a capability configura-
tion comparable to or exceeding the existing or planned
configuration of Block 30/35 F–22 aircraft;
(B) the estimated costs of such upgrades; and
(C) a schedule of milestones for such upgrades.
(2) AVAILABILITY OF INFORMATION.—At the request of the
Comptroller General, the Secretary of the Air Force shall
promptly provide to the Comptroller General any data or other
information that may be needed to conduct the audit under
paragraph (1), including any data or information it may be
necessary to obtain from the original equipment manufacturer
of the F–22 aircraft.
(3) BRIEFING.—Not later than April 15, 2023, the Comp-
troller General shall provide to the congressional defense
committees a briefing on the progress and any preliminary
results of the audit conducted under paragraph (1).
(4) REPORT.—Following the briefing under paragraph (3),
at such time as is mutually agreed upon by the congressional
defense committees and the Comptroller General, the Comp-
troller General shall submit to the congressional defense
committees a report on the final results of the audit conducted
under paragraph (1).
SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION ON CERTAIN
REDUCTIONS TO B–1 BOMBER AIRCRAFT SQUADRONS.
Section 133(b) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1574) is amended
by striking ‘‘an individual unit’’ and inserting ‘‘a bomb wing’’.
SEC. 145. REPEAL OF AIR FORCE E–8C FORCE PRESENTATION
REQUIREMENT.
Section 147 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1669)
is amended by striking subsection (f).
SEC. 146. MINIMUM INVENTORY OF C–130 AIRCRAFT.
(a) MINIMUM INVENTORY REQUIREMENT.—
(1) IN GENERAL.—During the covered period, the Secretary
of the Air Force shall maintain a total inventory of C–130
aircraft of not less than 271 aircraft.
(2) EXCEPTION.—The Secretary of the Air Force may reduce
the number of C–130 aircraft in the Air Force below the min-
imum number specified in paragraph (1) if the Secretary deter-
mines, on a case-by-case basis, that an aircraft is no longer
mission capable because of a mishap or other damage.
(3) COVERED PERIOD DEFINED.—In this subsection, the term
‘‘covered period’’ means the period—
(A) beginning at the close of the period described in
section 138(c) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1577);
and
H. R. 7776—61
(B) ending on September 30, 2023.
(b) PROHIBITION ON REDUCTION OF C–130 AIRCRAFT ASSIGNED
TO NATIONAL GUARD.—
(1) IN GENERAL.—During fiscal year 2023, the Secretary
of the Air Force may not reduce the total number of C–130
aircraft assigned to the National Guard below the number
so assigned as of the date of the enactment of this Act.
(2) EXCEPTION.—The prohibition under paragraph (1) shall
not apply to an individual C–130 aircraft that the Secretary
of the Air Force determines, on a case-by-case basis, to be
no longer mission capable because of a mishap or other damage.
SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF C–40 AIRCRAFT.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2023 for the Air Force may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C–40 aircraft.
(b) EXCEPTION.—
(1) IN GENERAL.—The limitation under subsection (a) shall
not apply to an individual C–40 aircraft that the Secretary
of the Air Force determines, on a case-by-case basis, to be
no longer mission capable because of a Class A mishap.
(2) CERTIFICATION REQUIRED.—If the Secretary determines
under paragraph (1) that an aircraft is no longer mission
capable, the Secretary shall submit to the congressional defense
committees a certification that the status of such aircraft is
due to a Class A mishap and not due to lack of maintenance
or repairs or other reasons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMI-
NATION OF PRODUCTION LINES FOR HH–60W AIRCRAFT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2023 for the Air Force
may be obligated or expended to terminate the operations of, or
to prepare to terminate the operations of, a production line for
HH–60W Combat Rescue Helicopters.
SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF
E–3 AIRBORNE WARNING AND CONTROL SYSTEM AIR-
CRAFT.
(a) PROHIBITION.—Except as provided in subsections (b) and
(c), none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2023 for the Air Force
may be obligated or expended to retire, prepare to retire, or place
in storage or in backup aircraft inventory any E–3 aircraft if such
actions would reduce the total aircraft inventory for such aircraft
below 26.
(b) EXCEPTION FOR ACQUISITION STRATEGY.—If the Secretary
of the Air Force submits to the congressional defense committees
an acquisition strategy for the E–7 Wedgetail aircraft approved
by the Service Acquisition Executive of the Air Force, the prohibition
under subsection (a) shall not apply to actions taken to reduce
the total aircraft inventory for E–3 aircraft to 21 after the date
on which the strategy is so submitted.
(c) EXCEPTION FOR CONTRACT AWARD.—If the Secretary of the
Air Force awards a contract for the E–7 Wedgetail aircraft, the
H. R. 7776—62
prohibition under subsection (a) shall not apply to actions taken
to reduce the total aircraft inventory for E–3 aircraft to 18 after
the date on which such contact is so awarded.
(d) DESIGNATION AS PRIMARY TRAINING AIRCRAFT INVENTORY.—
The Secretary of the Air Force shall designate two E–3 aircraft
as Primary Training Aircraft Inventory.
SEC. 150. LIMITATION ON DIVESTMENT OF F–15 AIRCRAFT.
(a) LIMITATION.—Beginning on October 1, 2023, the Secretary
of the Air Force may not divest, or prepare to divest, any covered
F–15 aircraft until a period of 180 days has elapsed following
the date on which the Secretary submits the report required under
subsection (b).
(b) REPORT REQUIRED.—The Secretary of the Air Force shall
submit to the congressional defense committees a report on the
following:
(1) Any plans of the Secretary to divest covered F–15
aircraft during the period covered by the most recent future-
years defense program submitted to Congress under section
221 of title 10, United States Code, including—
(A) a description of each proposed divestment by fiscal
year and location;
(B) an explanation of the anticipated effects of such
divestments on the missions, personnel, force structure,
and budgeting of the Air Force;
(C) a description of the actions the Secretary intends
to carry out—
(i) to mitigate any negative effects identified under
subparagraph (B); and
(ii) to modify or replace the missions and capabili-
ties of any units and military installations affected
by such divestments; and
(D) an assessment of how such divestments may affect
the ability of the Air Force to maintain minimum tactical
aircraft inventories.
(2) Any plans of the Secretary to procure covered F–15
aircraft.
(3) Any specific plans of the Secretary to deviate from
procurement of new F–15EX aircraft as articulated by the
validated requirements contained in Air Force Requirements
Decision Memorandum, dated February 1, 2019, regarding F–
15EX Rapid Fielding Requirements Document, dated January
16, 2019.
(c) COVERED F–15 AIRCRAFT DEFINED.—In this section, the
term ‘‘covered F–15 aircraft’’ means the following:
(1) F–15C aircraft.
(2) F–15D aircraft.
(3) F–15E aircraft.
(4) F–15EX aircraft.
SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION SEATS FOR
CERTAIN T–38A AIRCRAFT.
The Secretary of the Air Force is authorized to procure
upgraded ejection seats for—
(1) all T–38A aircraft of the Air Force Global Strike Com-
mand that have not received an upgraded ejection seat under
the T–38 Ejection Seat Upgrade Program; and
H. R. 7776—63
(2) all T–38A aircraft of the Air Combat Command that
have not received an upgraded ejection seat as part of such
Program.
SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MISSION OPER-
ATIONS PLATFORM FOR THE SPACE FORCE.
(a) PROCUREMENT AUTHORITY.—The Secretary of the Air Force
is authorized to enter into one or more contracts for the procurement
of a digital mission operations platform for the Space Force.
(b) REQUIRED CAPABILITIES.—A digital mission operations plat-
form procured under subsection (a) shall include the following
capabilities:
(1) The platform shall be capable of providing systems
operators with the ability to analyze system performance in
a simulated mission environment.
(2) The platform shall enable collaboration among such
operators in an integrated, physics-based environment.
SEC. 153. DIGITAL TRANSFORMATION COMMERCIAL SOFTWARE
ACQUISITION.
(a) PROCUREMENT AUTHORITY.—The Secretary of the Air Force
may enter into one or more contracts for the procurement of
commercial digital engineering and software tools to meet the digital
transformation goals and objectives of the Department of the Air
Force.
(b) INCLUSION OF PROGRAM ELEMENT IN BUDGET MATERIALS.—
In the materials submitted by the Secretary of the Air Force in
support of the budget of the President for fiscal year 2024 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code), the Secretary shall include a program element dedi-
cated to the procurement and management of the commercial digital
engineering and software tools described in subsection (a).
(c) REVIEW.—In carrying out subsection (a), the Secretary of
the Air Force shall—
(1) review the market for commercial digital engineering
and software tools; and
(2) conduct research on providers of commercial software
capabilities that have the potential to expedite the progress
of digital engineering initiatives across the weapon system
enterprise, with a particular focus on capabilities that have
the potential to generate significant life-cycle cost savings,
streamline and accelerate weapon system acquisition, and pro-
vide data-driven approaches to inform investments by the
Department of the Air Force.
(d) REPORT.—Not later than March 1, 2023, the Secretary of
the Air Force shall submit to the congressional defense committees
a report that includes—
(1) an analysis of specific digital engineering and software
tool capability manufacturers that deliver high mission impact
with broad reach into the weapon system enterprise of the
Department of the Air Force; and
(2) a prioritized list of programs and offices of the Depart-
ment of the Air Force that could better utilize commercial
digital engineering and software tools and opportunities for
the implementation of such digital engineering and software
tool capabilities within the Department.
H. R. 7776—64
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE COMBAT
SEARCH AND RESCUE MISSION OF THE AIR FORCE.
(a) REQUIREMENTS STUDY.—
(1) IN GENERAL.—The Secretary of the Air Force shall
conduct a study to determine the requirements for the combat
search and rescue mission of the Air Force in support of the
objectives of the National Defense Strategy.
(2) ELEMENTS.—The study under paragraph (1) shall
include the following:
(A) Identification of anticipated combat search and
rescue mission requirements necessary to meet the objec-
tives of the most recent National Defense Strategy,
including—
(i) requirements for short-term, mid-term, and
long-term contingency and steady-state operations
against adversaries;
(ii) requirements under the Agile Combat Employ-
ment operational scheme of the Air Force;
(iii) requirements relating to regions and specific
geographic areas that are expected to have a need
for combat search and rescue forces based on the com-
bat-relevant range and penetration capability of United
States air assets and associated weapon systems; and
(iv) the level of operational risk associated with
each likely requirement and scenario.
(B) An assessment of the rotary, tilt, and fixed wing
aircraft and key combat search and rescue enabling
capabilities that—
(i) are needed to meet the requirements identified
under subparagraph (A); and
(ii) have been accounted for in the budget of the
Air Force as of the date of the study.
(C) Identification of any combat search and rescue
capability gaps, including an assessment of—
(i) whether and to what extent such gaps may
affect the ability of the Air Force to conduct combat
search and rescue operations;
(ii) any capability gaps that may be created by
procuring fewer HH–60W aircraft than planned under
the program of record, including any expected changes
to the plan for fielding such aircraft for active, reserve,
and National Guard units; and
(iii) any capability gaps attributable to unfunded
requirements.
(D) Identification and assessment of key current,
emerging, and future technologies with potential applica-
tion to the combat search and rescue mission, including
electric vertical takeoff and landing, unmanned aerial sys-
tems, armed air launched effects or similar armed capabili-
ties, electric short take-off and landing, or a combination
of such technologies.
(E) An assessment of each technology identified under
subparagraph (D), including (as applicable) an assessment
of—
(i) technology maturity;
(ii) suitability to the combat search and rescue
mission;
H. R. 7776—65
(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared signatures;
(vii) operational conditions required for the use
of such technology, such as runway availability;
(viii) survivability;
(ix) lethality;
(x) potential to support combat missions other than
combat search and rescue; and
(xi) estimated cost.
(3) SUBMITTAL TO CONGRESS.—
(A) IN GENERAL.—Not later than April 30, 2023, the
Secretary of the Air Force shall submit to the Committees
on Armed Services of the Senate and the House of Rep-
resentatives a report on the results of the study under
paragraph (1).
(B) FORM.—The report required under subparagraph
(A) shall be submitted in unclassified form, but may include
a classified annex.
(b) STRATEGY REQUIRED.—
(1) IN GENERAL.—Based on the results of the study con-
ducted under subsection (a), the Secretary of the Air Force
shall develop a strategy to meet the requirements identified
under such study.
(2) ELEMENTS.—The strategy under paragraph (1) shall
include—
(A) A prioritized list of the capabilities needed to meet
the requirements identified under subsection (a).
(B) The estimated costs of such capabilities, including—
(i) any amounts already budgeted for such capabili-
ties as of the date of the strategy, including amounts
already budgeted for emerging and future technologies;
and
(ii) any amounts not already budgeted for such
capabilities as of such date.
(C) An estimate of the date by which the capability
is expected to become operational.
(D) A description of any requirements identified under
subsection (a) that the Secretary of the Air Force does
not expect to meet as part of the strategy and an expla-
nation of the reasons such requirements cannot be met.
(3) SUBMITTAL TO CONGRESS.—
(A) IN GENERAL.—Not later than July 30, 2023, the
Secretary of the Air Force shall submit to the Committees
on Armed Services of the Senate and the House of Rep-
resentatives a report on the strategy developed under para-
graph (1).
(B) FORM.—The report required under subparagraph
(A) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 155. PLAN FOR TRANSFER OF KC–135 AIRCRAFT TO THE AIR
NATIONAL GUARD.
(a) PLAN REQUIRED.—The Secretary of the Air Force shall
develop a plan to transfer covered KC–135 aircraft to air refueling
H. R. 7776—66
wings of the Air National Guard that are classic associations with
active duty units of the Air Force.
(b) BRIEFING.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the plan developed under subsection
(a). The briefing shall include an explanation of—
(1) the effects the plan is expected to have on—
(A) the aerial refueling capability of the Department
of Defense; and
(B) personnel; and
(2) any costs associated with the plan.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered KC–135 aircraft’’ means a KC–135
aircraft that the Secretary of the Air Force is in the process
of replacing with a KC–46A aircraft.
(2) The term ‘‘classic association’’ means a structure under
which a regular Air Force unit retains principal responsibility
for an aircraft and shares the aircraft with one or more reserve
component units.
SEC. 156. ANNUAL REPORTS ON T–7A ADVANCED PILOT TRAINING
SYSTEM.
(a) ANNUAL REPORT.—Not later than March 1, 2023, and
annually thereafter through 2028, the Assistant Secretary of the
Air Force for Acquisition, Technology, and Logistics shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the acquisition efforts of the Air
Force with respect to the T–7A Advanced Pilot Training System
(including any associated aircraft and ground training systems).
(b) ELEMENTS.—Each report under subsection (a) shall include
the following:
(1) An overview of the Assistant Secretary’s acquisition
strategy for the T–7 Advanced Pilot Training System, including
the current status of the acquisition strategy as of the date
of the report.
(2) The cost and schedule estimates for the T–7 Advanced
Pilot Training System program.
(3) In the case of the initial report under this section,
the key performance parameters or the equivalent requirements
for the program. In the case of subsequent reports, any key
performance parameters or the equivalent requirements for
the program that have changed since the submission of the
previous report under this section.
(4) The test and evaluation master plan for the program.
(5) With respect to the testing program events completed
in the year covered by the report—
(A) the completion date of each event;
(B) a summary of the event, including identification
of—
(i) the quantity of data points evaluated and subse-
quently considered complete and validated; and
(ii) the quantity of data points evaluated that
remain incomplete or unvalidated and requiring fur-
ther testing.
H. R. 7776—67
(6) The logistics and sustainment strategy for the program
and a description of any activities carried out to implement
such strategy as of the date of the report.
(7) An explanation of—
(A) the causes of any engineering, manufacturing,
development, testing, production, delivery, acceptance, and
fielding delays incurred by the program as of the date
of the report;
(B) the effects of such delays; and
(C) any subsequent efforts to address such delays.
(8) The post-production aircraft basing and fielding strategy
for the program.
(9) Any other matters regarding the acquisition of the
T–7 Advanced Pilot Training System that the Assistant Sec-
retary determines to be of critical importance to the long-
term viability of the program.
Subtitle E—Defense-wide, Joint, and
Multiservice Matters
SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED COMMER-
CIAL DUAL-USE PARTS IN CERTAIN AIRCRAFT AND
ENGINES.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force, with
respect to the Air Force, and the Secretary of the Navy, with
respect to the Navy, shall develop and implement processes and
procedures for—
(1) the acquisition of used, overhauled, reconditioned, and
remanufactured commercial dual-use parts; and
(2) the use of such commercial dual-use parts in all—
(A) commercial derivative aircraft and engines; and
(B) aircraft used by the Air Force or Navy that are
based on the design of commercial products.
(b) PROCUREMENT OF PARTS.—The processes and procedures
implemented under subsection (a) shall provide that commercial
dual-use parts shall be acquired—
(1) pursuant to competitive procedures (as defined in sec-
tion 3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that possess
an Authorized Release Certificate Federal Aviation Administra-
tion Form 8130-3 Airworthy Approval Tag from a certified
repair station pursuant to part 145 of title 14, Code of Federal
Regulations.
(c) DEFINITIONS.—In this section:
(1) COMMERCIAL DERIVATIVE.—The term ‘‘commercial
derivative’’ means an item procured by the Department of
Defense that is or was produced using the same or similar
production facilities, a common supply chain, and the same
or similar production processes that are used for the production
of the item as predominantly used by the general public or
by nongovernmental entities for purposes other than govern-
mental purposes.
(2) COMMERCIAL DUAL-USE PART.—The term ‘‘commercial
dual-use part’’ means a product that is—
(A) a commercial product;
H. R. 7776—68
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) COMMERCIAL PRODUCT.—The term ‘‘commercial product’’
has the meaning given such term in section 103 of title 41,
United States Code.
(4) DUAL-USE.—The term ‘‘dual-use’’ has the meaning given
such term in section 4801 of title 10, United States Code.
SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CAPABILITIES
TO COUNTER THREATS POSED BY UNMANNED AERIAL
SYSTEM SWARMS.
(a) ASSESSMENT, ANALYSIS, AND REVIEW.—The Secretary of
Defense shall conduct—
(1) an assessment of the threats posed by unmanned aerial
system swarms and unmanned aerial systems with swarm
capabilities to installations and deployed Armed Forces;
(2) an analysis of the use or potential use of unmanned
aerial system swarms by adversaries, including the People’s
Republic of China, the Russian Federation, the Islamic Republic
of Iran, the Democratic People’s Republic of North Korea, and
non-state actors;
(3) an analysis of the national security implications of
swarming technologies such as autonomous intelligence and
machine learning;
(4) a review of the capabilities used by the Department
of Defense to counter threats posed by unmanned aerial systems
and an assessment of the effectiveness of such capabilities
at countering the threat of unmanned aerial system swarms;
and
(5) an overview of the efforts of the Department of Defense
to develop and field test technologies that offer scalable, mod-
ular, and rapidly deployable capabilities with the ability to
counter unmanned aerial system swarms.
(b) STRATEGY DEVELOPMENT AND IMPLEMENTATION REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall develop
and implement a strategy to field capabilities to counter threats
posed by unmanned aerial system swarms.
(2) ELEMENTS.—The strategy required by paragraph (1)
shall include the following:
(A) The development of a comprehensive definition of
‘‘unmanned aerial system swarm’’.
(B) A plan to establish and incorporate requirements
for the development, testing, and fielding of technologies
and capabilities to counter unmanned aerial system
swarms.
(C) A plan to acquire and field adequate capabilities
to counter unmanned aerial system swarms in defense
of the Armed Forces, infrastructure, and other assets of
the United States across land, air, and maritime domains.
(D) An estimate of the resources needed by each Armed
Force to implement the strategy.
(E) An analysis, determination, and prioritization of
legislative action required to ensure the Department of
Defense has the ability to counter the threats posed by
unmanned aerial system swarms.
H. R. 7776—69
(F) Such other matters as the Secretary determines
to be relevant to the strategy.
(3) INCORPORATION INTO EXISTING STRATEGY.—The Sec-
retary of Defense may incorporate the strategy required by
paragraph (1) into a comprehensive strategy of the Department
of Defense to counter the threat of unmanned aerial systems.
(c) INFORMATION TO CONGRESS.—Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on—
(1) the findings of the Secretary under subsection (a); and
(2) the strategy developed and implemented by the Sec-
retary under subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIR-
CRAFT INDUSTRIAL BASE.
(a) ASSESSMENT REQUIRED.—The Under Secretary of Defense
for Acquisition and Sustainment, in coordination with the Secre-
taries of the Army, Navy, and Air Force, shall conduct an assess-
ment of the military rotary wing aircraft industrial base.
(b) ELEMENTS.—The assessment under subsection (a) shall
include the following:
(1)(A) Identification of each rotary wing aircraft program
of the Department of Defense that is in the research and
development or procurement phase.
(B) A description of any platform-specific or capability-
specific facility or workforce technical skill requirements nec-
essary for each program identified under subparagraph (A).
(2) Identification of—
(A) the rotary wing aircraft capabilities of each Armed
Force anticipated for programming beyond the period cov-
ered by the most recent future-years defense program sub-
mitted to Congress under section 221 of title 10, United
States Code (as of the date of the assessment); and
(B) the technologies, facilities, and workforce skills nec-
essary for the development of such capabilities.
(3) An assessment of the military industrial base capacity
and skills that are available (as of the date of the assessment)
to design and manufacture the platforms and capabilities identi-
fied under paragraphs (1) and (2) and a list of any gaps in
such capacity and skills.
(4)(A) Identification of each component, subcomponent, or
equipment supplier in the military rotary wing aircraft indus-
trial base that is the sole source within such industrial base
from which that component, subcomponent, or equipment may
be obtained.
(B) An assessment of any risk resulting from the lack
of other suppliers for such components, subcomponents, or
equipment.
(5) Analysis of the likelihood of future consolidation,
contraction, or expansion, within the rotary wing aircraft indus-
trial base, including—
(A) identification of the most probable scenarios with
respect to such consolidation, contraction, or expansion;
and
(B) an assessment of how each such scenario may
affect the ability of the Armed Forces to acquire military
H. R. 7776—70
rotary wing aircraft in the future, including any effects
on the cost and schedule of such acquisitions.
(6) Such other matters the Under Secretary of Defense
for Acquisition and Sustainment determines appropriate.
(c) REPORT.—Not later than June 1, 2023, the Under Secretary
of Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes—
(1) the results of the assessment conducted under sub-
section (a); and
(2) based on such results, recommendations for reducing
any risks identified with respect to the military rotary wing
aircraft industrial base.
(d) ROTARY WING AIRCRAFT DEFINED.—In this section, the term
‘‘rotary wing aircraft’’ includes rotary wing and tiltrotor aircraft.
SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO MOD-
ERNIZE THE PROPULSION, POWER, AND THERMAL
MANAGEMENT SYSTEMS OF F–35 AIRCRAFT.
(a) AUDIT REQUIRED.—The Comptroller General of the United
States shall conduct an audit of the efforts of the Department
of Defense to modernize the propulsion, power, and thermal
management systems of F–35 aircraft.
(b) ELEMENTS.—The audit conducted under subsection (a) shall
include the following:
(1) An evaluation of the results of the business-case anal-
ysis conducted by the Director of the F–35 Joint Program
Office, in which the Director assessed options to modernize
the propulsion, power, and thermal management systems of
the F–35 aircraft.
(2) An assessment of the costs associated with each mod-
ernization option assessed in the business-case analysis
described in paragraph (1), including any costs associated with
development, production, retrofit, integration, and installation
of the option (including any aircraft modifications required
to accommodate such option), and an assessment of the
sustainment infrastructure requirements associated with that
option for each variant of F–35 aircraft.
(3) An assessment of the progress made by the prototype
engines developed under the Adaptive Engine Transition Pro-
gram and the development and testing status of the other
modernization options assessed in the business-case analysis
described in paragraph (1).
(4) An assessment of the timeline associated with modern-
izing the propulsion, power, and thermal management systems
of F–35 aircraft to meet the capability performance require-
ments of the full Block 4 suite upgrade planned for each variant
of such aircraft.
(5) An assessment of the costs associated with modernizing
the propulsion, power, and thermal management systems of
F–35 aircraft to meet the capability performance requirements
of the full Block 4 suite upgrade planned for each variant
of such aircraft.
(6) An assessment of the potential effects of each mod-
ernization option assessed in the business-case analysis
described in paragraph (1) on life-cycle sustainment costs and
the costs of spare parts for F–35 aircraft, including any
H. R. 7776—71
participatory effects on international partners and foreign mili-
tary sales customers.
(c) BRIEFING.—Not later than February 28, 2023, the Comp-
troller General shall provide to the congressional defense commit-
tees a briefing on the preliminary results of the audit conducted
under subsection (a).
(d) REPORT.—Following the briefing under subsection (c), at
such time as is mutually agreed upon by the congressional defense
committees and the Comptroller General, the Comptroller General
shall submit to the congressional defense committees a report on
the final results of the audit conducted under subsection (a),
including the findings of the Comptroller General with respect
to each element specified in subsection (b).
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 arti-
ficial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and Engi-
neering 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 minor-
ity-serving institutions regarding National Security Innovation Network
programs that promote entrepreneurship and innovation 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 gen-
eration 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 communications
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 innovation
ecosystem.
H. R. 7776—72
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the De-
partment of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and de-
velopment centers.
Sec. 239. Report on recommendations from Army Futures Command Research Pro-
gram 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 information
technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation re-
sources supporting certain major defense acquisition programs.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2023 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in the funding table in
section 4201.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND DEVELOP-
MENT PROJECT AUTHORITY.
(a) IN GENERAL.—Section 2350a(a)(2) of title 10, United States
Code, is amended by adding at the end the following:
‘‘(F) The European Union, including the European Defence
Agency, the European Commission, and the Council of the
European Union, and their suborganizations.’’.
(c) CONFORMING REGULATIONS.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the Federal
Acquisition Regulation to conform with section 2350a of title 10,
United States Code, as amended by subsection (a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRIN-
CIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE
AND MACHINE LEARNING.
(a) PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS
IN SCIENCE AND ENGINEERING.—Section 4092 of title 10, United
States Code, is amended—
(1) in subsection (a)(6)—
(A) by striking ‘‘Director of the Joint Artificial Intel-
ligence Center’’ and inserting ‘‘official designated under
section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–
232)’’;
(B) by striking ‘‘for the Center’’ and inserting ‘‘to sup-
port the activities of such official under section 238 of
such Act’’; and
(C) in the paragraph heading, by striking ‘‘Center’’;
(2) in subsection (b)(1)(F)—
(A) by striking ‘‘Joint Artificial Intelligence Center’’
and inserting ‘‘office of the official designated under section
H. R. 7776—73
238(b) of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232)’’; and
(B) by striking ‘‘in the Center’’ and inserting ‘‘in sup-
port of the activities of such official under section 238
of such Act’’; and
(3) in subsection (c)(2), by striking ‘‘Joint Artificial Intel-
ligence Center’’ and inserting ‘‘the activities under section 238
of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232)’’.
(b) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.—Section 226(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 10 U.S.C. 4001 note) is amended—
(1) in paragraph (3), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061)’’;
(2) in paragraph (4), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061)’’; and
(3) in paragraph (5), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061)’’.
(c) MODIFICATION OF THE JOINT COMMON FOUNDATION PRO-
GRAM.—Section 227(a) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note)
is amended by striking ‘‘Joint Artificial Intelligence Center’’ and
inserting ‘‘the office of the official designated under subsection
(b) of section 238 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061)’’.
(d) PILOT PROGRAM ON DATA REPOSITORIES TO FACILITATE THE
DEVELOPMENT OF ARTIFICIAL INTELLIGENCE CAPABILITIES FOR THE
DEPARTMENT OF DEFENSE.—Section 232 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10
U.S.C. 4001 note) is amended—
(1) in the section heading, by striking ‘‘PILOT PROGRAM
ON DATA REPOSITORIES’’ and inserting ‘‘DATA REPOSITORIES’’;
(2) by amending subsection (a) to read as follows:
‘‘(a) ESTABLISHMENT OF DATA REPOSITORIES.—The Secretary
of Defense, acting through the official designated under subsection
(b) of section 238 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061) (and such other officials as the Secretary deter-
mines appropriate), shall—
‘‘(1) establish data repositories containing Department of
Defense data sets relevant to the development of artificial intel-
ligence software and technology; and
‘‘(2) allow appropriate public and private sector organiza-
tions to access such data repositories for the purpose of devel-
oping improved artificial intelligence and machine learning soft-
ware capabilities that may, as determined appropriate by the
H. R. 7776—74
Secretary, be procured by the Department to satisfy Depart-
ment requirements and technology development goals.’’;
(3) in subsection (b), by striking ‘‘If the Secretary of Defense
carries out the pilot program under subsection (a), the data
repositories established under the program’’ and inserting ‘‘The
data repositories established under subsection (a)’’; and
(4) by amending subsection (c) to read as follows:
‘‘(c) BRIEFING.—Not later than July 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on—
‘‘(1) the types of information the Secretary determines are
feasible and advisable to include in the data repositories estab-
lished under subsection (a); and
‘‘(2) the progress of the Secretary in establishing such data
repositories.’’.
(e) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND
WORKING GROUP.—Section 1531(d)(2)(C) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 2051) is amended by striking ‘‘The Joint Artificial Intelligence
Center (JAIC)’’ and inserting ‘‘The office of the official designated
under subsection (b) of section 238 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. note prec. 4061)’’.
(f) BOARD OF ADVISORS FOR THE OFFICE OF THE SENIOR OFFI-
CIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE
AND MACHINE LEARNING.—Section 233 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 4001 note) is amended—
(1) in the section heading, by striking ‘‘JOINT ARTIFICIAL
INTELLIGENCE CENTER’’ and inserting ‘‘OFFICE OF THE SENIOR
OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
INTELLIGENCE AND MACHINE LEARNING’’;
(2) in subsection (a), by striking ‘‘Joint Artificial Intel-
ligence Center’’ and inserting ‘‘office of the official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061) (referred to in this
section as the ‘Official’)’’;
(3) in subsection (b), by striking ‘‘Director’’ each place in
appears and inserting ‘‘Official’’;
(4) in subsection (f), by striking ‘‘September 30, 2024’’ and
inserting ‘‘September 30, 2026’’; and
(5) in subsection (g)—
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE DEFENSE
REFORM PILLAR IN THE NATIONAL DEFENSE STRATEGY.—Section
234(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. 113 note) is amended by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10
U.S.C. note prec. 4061)’’.
(h) PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS
TO EVALUATE CERTAIN APPLICANTS FOR TECHNICAL POSITIONS.—
Section 247(c) of the William M. (Mac) Thornberry National Defense
H. R. 7776—75
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. note prec. 1580) is amended—
(1) in paragraph (1), by striking ‘‘the Joint Artificial Intel-
ligence Center’’ and inserting ‘‘the office of the official des-
ignated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232; 10 U.S.C. note prec. 4061)’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(i) ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT
ARTIFICIAL INTELLIGENCE CENTER.—Section 808 the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 10 U.S.C. 4001 note) is amended—
(1) in the section heading, by striking ‘‘THE DIRECTOR
OF THE JOINT ARTIFICIAL INTELLIGENCE CENTER’’ and
inserting ‘‘THE SENIOR OFFICIAL WITH PRINCIPAL RESPONSI-
BILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING’’;
(2) in subsection (a)—
(A) by striking ‘‘the Director of the Joint Artificial
Intelligence Center’’ and inserting ‘‘the official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 10 U.S.C. note prec. 4061) (referred
to in this section as the ‘Official’)’’; and
(B) by striking ‘‘the Center’’ and inserting ‘‘the office
of such official (referred to in this section as the ‘Office’)’’;
(3) in subsection (b)—
(A) in the subsection heading, by striking ‘‘JAIC’’;
(B) in paragraph (1)—
(i) in the matter preceding subparagraph (A),
(I) by striking ‘‘staff of the Director’’ and
inserting ‘‘staff of the Official’’; and
(II) by striking ‘‘the Director of the Center’’
and inserting ‘‘such Official’’;
(ii) in subparagraph (A), by striking ‘‘the Center’’
and inserting ‘‘the Office’’;
(iii) in subparagraph (B), by striking ‘‘the Center’’
and inserting ‘‘the Office’’;
(iv) in subparagraph (C), by striking ‘‘the Center’’
each place it appears and inserting ‘‘the Office’’; and
(v) in subparagraph (D), by striking ‘‘the Center’’
each place it appears and inserting ‘‘the Office’’; and
(C) in paragraph (2)—
(i) by striking ‘‘the Center’’ and inserting ‘‘the
Office’’; and
(ii) by striking ‘‘the Director’’ and inserting ‘‘the
Official’’;
(4) in subsection (c)(1)—
(A) by striking ‘‘the Center’’ and inserting ‘‘the Office’’;
and
(B) by striking ‘‘the Director’’ and inserting ‘‘the Offi-
cial’’;
(5) in subsection (d), by striking ‘‘the Director’’ and inserting
‘‘the Official’’;
(6) in subsection (e)—
H. R. 7776—76
(A) in paragraph (2)—
(i) in subparagraph (B), by striking ‘‘Center mis-
sions’’ and inserting ‘‘the missions of the Office’’; and
(ii) in subparagraph (D), by striking ‘‘the Center’’
and inserting ‘‘the Office’’; and
(B) in paragraph (3), by striking ‘‘the Center’’ and
inserting ‘‘the Office’’;
(7) in subsection (f), by striking ‘‘the Director’’ and inserting
‘‘the Official’’; and
(8) in subsection (g)—
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as para-
graphs (1) and (2), respectively.
(j) BIANNUAL REPORT ON OFFICE OF THE SENIOR OFFICIAL WITH
PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND
MACHINE LEARNING.—Section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92) is
amended—
(1) in the section heading, by striking ‘‘JOINT ARTIFICIAL
INTELLIGENCE CENTER’’ and inserting ‘‘OFFICE OF THE SENIOR
OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
INTELLIGENCE AND MACHINE LEARNING’’;
(2) in subsection (a)—
(A) by striking ‘‘2023’’ and inserting ‘‘2026’’; and
(B) by striking ‘‘the Joint Artificial Intelligence Center
(referred to in this section as the ‘Center’)’’ and inserting
‘‘the office of the official designated under subsection (b)
of section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. note prec. 4061) (referred to in this section
as the ‘Office’)’’;
(3) in subsection (b)—
(A) by striking ‘‘Center’’ each place it appears and
inserting ‘‘Office’’;
(B) in paragraph (2), by striking ‘‘the National Mission
Initiatives, Component Mission Initiatives, and any other
initiatives’’ and inserting ‘‘any initiatives’’; and
(C) in paragraph (7), by striking ‘‘the Center’s invest-
ments in the National Mission Initiatives and Component
Mission Initiatives’’ and inserting ‘‘the Office’s investments
in its initiatives and other activities’’; and
(4) by striking subsection (c).
(k) CHIEF DATA OFFICER RESPONSIBILITY FOR DEPARTMENT OF
DEFENSE DATA SETS.—Section 903(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10
U.S.C. 2223 note) is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(l) JOINT ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT,
AND TRANSITION ACTIVITIES.—Section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061) is amended—
(1) by amending subsection (c) to read as follows:
‘‘(c) ORGANIZATION AND ROLES.—
‘‘(1) IN GENERAL.—In addition to designating an official
under subsection (b), the Secretary of Defense shall assign
to appropriate officials within the Department of Defense roles
H. R. 7776—77
and responsibilities relating to the research, development,
prototyping, testing, procurement of, requirements for, and
operational use of artificial intelligence technologies.
‘‘(2) APPROPRIATE OFFICIALS.—The officials assigned roles
and responsibilities under paragraph (1) shall include—
‘‘(A) the Under Secretary of Defense for Research and
Engineering;
‘‘(B) the Under Secretary of Defense for Acquisition
and Sustainment;
‘‘(C) one or more officials in each military department;
‘‘(D) officials of appropriate Defense Agencies; and
‘‘(E) such other officials as the Secretary of Defense
determines appropriate.’’;
(2) in subsection (e), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b)’’; and
(3) by striking subsection (h).
(m) REFERENCES.—Any reference in any law, regulation, guid-
ance, instruction, or other document of the Federal Government
to the Director of the Joint Artificial Intelligence Center of the
Department of Defense or to the Joint Artificial Intelligence Center
shall be deemed to refer to the official designated under section
238(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec.
4061) or the office of such official, as the case may be.
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE
FOR RESEARCH AND ENGINEERING IN PERSONNEL
MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(10) OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING.—The Under Secretary of Defense
for Research and Engineering may carry out a program of
personnel management authority provided in subsection (b)
in order to facilitate recruitment of eminent experts in science
or engineering for the Office of the Under Secretary.’’; and
(2) in subsection (b)(1)—
(A) in subparagraph (H), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (I), by striking the semicolon and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(J) in the case of the Office of the Under Secretary
of Defense for Research and Engineering, appoint scientists
and engineers to a total of not more than 10 scientific
and engineering positions in the Office;’’.
SEC. 214. MODIFICATION OF LIMITATION ON CANCELLATION OF DES-
IGNATION OF EXECUTIVE AGENT FOR A CERTAIN DEFENSE
PRODUCTION ACT PROGRAM.
Section 226 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 131 Stat. 1335) is amended—
(1) by redesignating subsection (e) as subsection (f); and
H. R. 7776—78
(2) by inserting after subsection (d) the following new sub-
section:
‘‘(e) DESIGNATION OF OTHER EXECUTIVE AGENTS.—Notwith-
standing the requirements of this section or section 1792 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (50 U.S.C. 4531 note), the Secretary of Defense may
designate one or more Executive Agents within the Department
of Defense (other than the Executive Agent described in subsection
(a)) to implement Defense Production Act transactions entered into
under the authority of sections 4021, 4022, and 4023 of title 10,
United States Code.’’.
SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUS-
TRIAL MANUFACTURING PROCESSES.
(a) AUTHORIZATION.—Subject to the availability of appropria-
tions, the Secretary of Defense shall provide support for the develop-
ment of a network of bioindustrial manufacturing facilities to con-
duct research and development to improve the ability of the indus-
trial base to assess, validate, and scale new, innovative bioindustrial
manufacturing processes for the production of chemicals, materials,
and other products necessary to support national security or secure
fragile supply chains.
(b) FORM OF SUPPORT.—The support provided under subsection
(a) may consist of—
(1) providing funding to one or more existing facilities
or the establishment of new facilities—
(A) to support the research and development of bio-
industrial manufacturing processes; or
(B) to otherwise expand the bioindustrial manufac-
turing capabilities of such facilities;
(2) the establishment of dedicated facilities within one or
more bioindustrial manufacturing facilities to serve as regional
hubs for the research, development, and the scaling of bioindus-
trial manufacturing processes and products to higher levels
of production; or
(3) designating a bioindustrial manufacturing facility to
serve as the lead entity responsible for integrating a network
of pilot and intermediate scale bioindustrial manufacturing
facilities.
(c) ACTIVITIES.—A facility that receives support under sub-
section (a) shall carry out activities relating to the research, develop-
ment, test, and evaluation of innovative bioindustrial manufac-
turing processes and the scaling of bioindustrial manufacturing
products to higher levels of production, which may include—
(1) research on the use of bioindustrial manufacturing to
create materials such as polymers, coatings, resins, commodity
chemicals, and other materials with fragile supply chains;
(2) demonstration projects to evaluate bioindustrial manu-
facturing processes and technologies;
(3) activities to scale bioindustrial manufacuring processes
and products to higher levels of production;
(4) strategic planning for infrastructure and equipment
investments for bioindustrial manufacturing of defense-related
materials;
(5) analyses of bioindustrial manufactured products and
validation of the application of biological material used as input
H. R. 7776—79
to new and existing processes to aid in future investment
strategies and the security of critical supply chains;
(6) the selection, construction, and operation of pilot and
intermediate scale bioindustrial manufacturing facilities;
(7) development and management of a network of facilities
to scale production of bioindustrial products;
(8) activities to address workforce needs in bioindustrial
manufacturing;
(9) establishing an interoperable, secure, digital infrastruc-
ture for collaborative data exchange across entities in the bio-
industrial manufacturing community, including government
agencies, industry, and academia;
(10) developing and implementing digital tools, process
security and assurance capabilities, cybersecurity protocols, and
best practices for data storage, sharing and analysis; and
(11) such other activities as the Secretary of Defense deter-
mines appropriate.
(d) CONSIDERATIONS.—In determining the number, type, and
location of facilities to support under subsection (a), the Secretary
of Defense shall consider—
(1) how the facilities may complement each other or
increase production levels by functioning together as a network;
(2) how to geographically distribute support to such facili-
ties—
(A) to maximize access to biological material needed
as an input to bioindustrial manufacturing processes;
(B) to leverage available industrial and academic exper-
tise, including workforce and human capital;
(C) to leverage relevant domestic infrastructure
required to secure supply chains for chemicals and other
materials;
(D) to leverage access to venture capital and private
sector finance expertise and funding instruments; and
(E) to complement the capabilities of similar facilities;
and
(3) how the activities supported under this section can
be coordinated with relevant activities of other departments
and agencies of the Federal Government.
(e) INITIAL CONCEPT PLAN REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees and the
National Security Commission on Emerging Biotechnology an
initial concept plan for the implementation of this section that
includes—
(A) an assessment of capacity scaling needs to deter-
mine if, and what type of, additional bioindustrial manufac-
turing facilities may be needed to meet the needs of the
Department of Defense;
(B) a description of types, relative sizes, and locations
of the facilities the Secretary intends to establish or support
under this section;
(C) a general description of the focus of each facility,
including the types of bioindustrial manufacturing equip-
ment, if any, that are expected to be procured for each
such facility;
H. R. 7776—80
(D) a general description of how the facilities will work
as a network to maximize the diversity of bioindustrial
products available to be produced by the network;
(E) an explanation of how the network will support
the establishment and maintenance of the bioindustrial
manufacturing industrial base; and
(F) an explanation of how the Secretary intends to
ensure that bioindustrial manufacturing activities con-
ducted under this section are modernized digitally,
including through—
(i) the use of data automation to represent proc-
esses and products as models and simulations; and
(ii) the implementation of measures to address
cybersecurity and process assurance concerns.
(2) BRIEFINGS.—Not later than 180 days after the date
of the submittal of the plan under paragraph (1), and annually
thereafter for five years, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the Sec-
retary’s progress in implementing the plan.
(f) BIOINDUSTRIAL MANUFACTURING DEFINED.—In this section,
the term ‘‘bioindustrial manufacturing’’ means the use of living
organisms, cells, tissues, enzymes, or cell-free systems to produce
materials and products for non-pharmaceutical applications.
SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CAPACITY
UPGRADES TO SUPPORT CRITICAL HYPERSONIC WEAPONS
DEVELOPMENT.
(a) IN GENERAL.—Subject to the availability of appropriations
for such purpose, the Secretary of the Air Force shall carry out
activities to upgrade testing facilities of the Department of the
Air Force that support the development of critical hypersonic
weapons that—
(1) use air-breathing or rocket booster capabilities; and
(2) are expected to operate in sea-level or high-altitude
operational domains.
(b) TIMELINE FOR COMPLETION.—The Secretary of the Air Force
shall seek to complete any upgrade under subsection (a), subject
to availability of appropriations for such upgrade, not later than
24 months after the upgrade is commenced.
SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS
OF ELECTROMAGNETIC WARFARE TECHNOLOGY.
(a) DEMONSTRATIONS AND TESTS REQUIRED.—Not later than
270 days after the date of the enactment of this Act, the Director
of the Air Force Rapid Capabilities Office, in coordination with
the Air Force Life Cycle Management Center, shall select one
or more qualified entities under competitive processes to conduct
demonstrations and tests of commercial electronics technology to
determine whether technology currently exists that could enable
the following electromagnetic warfare capabilities:
(1) The operation of multiple emitters and receivers in
the same frequency at the same time and in the same location
without mutual interference and without using adaptive beam
forming or nulling.
(2) Protecting the reception of Global Positioning System
and other vulnerable low-power signals from multiple high-
power jammers at a level that is significantly better than
H. R. 7776—81
the protection afforded by controlled reception pattern
antennas.
(3) Simultaneous transmission from and reception of sepa-
rate signals on the same platform wherein the signals lie in
the same frequency and are transmitted and received at the
same time without interference.
(4) Capabilities similar those described in paragraphs (1)
through (3) in a live, virtual constructive simulation environ-
ment.
(5) Other capabilities that might satisfy or support needs
set forth in the Electromagnetic Spectrum Superiority Strategy
Implementation Plan released on August 5, 2021.
(b) OVERSIGHT OF TESTS.—The Director of Operational Test
and Evaluation shall—
(1) provide oversight of the demonstrations and tests
required by subsection (a);
(2) review other applicable government or commercial dem-
onstrations and tests; and
(3) not later than 30 days after the completion of the
demonstrations and tests under subsection (a), advise the Chief
Information Officer of the Department of Defense, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment
of the outcomes of the demonstrations and tests.
(c) OUTCOME-BASED ACTIONS REQUIRED.—If the Director of
Operational Test and Evaluation and the Director of the Air Force
Rapid Capabilities Office affirm that the demonstrations and tests
under subsection (a) confirm that certain commercial electronics
technology could enable one or more of the capabilities described
in such subsection—
(1) not later than 45 days after the conclusion of the
tests under subsection (a), the Director of the Air Force Rapid
Capabilities Office and the Director of Operational Test and
Evaluation shall jointly provide to the congressional defense
committees a briefing on the outcomes of the tests;
(2) the Director of the Air Force Rapid Capabilities Office
may begin engineering form, fit, and function development
and integration to incorporate technologies demonstrated and
tested under subsection (a) into specific Department of Defense
platforms and applications; and
(3) not later than 90 days after the conclusion of the
tests under subsection (a), the Director of the Air Force Rapid
Capabilities Office, the Chief Information Officer, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment
shall jointly provide to the congressional defense committees
a briefing on any plans of the Department of Defense to further
develop and deploy the technologies demonstrated and tested
under subsection (a) to support the Electromagnetic Spectrum
Superiority Strategy Implementation Plan released on August
5, 2021.
(d) COMPETITIVENESS REQUIREMENTS.—A decision to commit,
obligate, or expend funds for the purposes outlined in this section
shall be based on merit-based selection procedures in accordance
with the requirements of sections 3201(e) and 4024 of title 10,
United States Code, or on competitive procedures.
H. R. 7776—82
(e) COMMERCIAL ELECTRONICS TECHNOLOGY DEFINED.—The
term ‘‘commercial electronics technology’’ means electronics tech-
nology that is—
(1) a commercial component (as defined in section 102
of title 41, United States Code);
(2) a commercial product (as defined in section 103 such
title);
(3) a commercial service (as defined in section 103a of
such title); or
(4) a commercially available off-the-shelf item (as defined
in section 104 of such title).
SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR APPLICA-
TIONS PROGRAM.
(a) RESOURCE SPONSORS.—
(1) IN GENERAL.—The Commander of Naval Air Systems
Command and the Director of Air Warfare shall jointly serve
as the resource sponsors for the Advanced Sensor Applications
Program (commonly known as ‘‘ASAP’’ and in this section
referred to as the ‘‘Program’’).
(2) RESPONSIBILITIES.—The resource sponsors of the Pro-
gram shall be responsible for the following:
(A) Developing budget requests relating to the Pro-
gram.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects
for the Program.
(D) Coordination and joint planning with external
stakeholders in matters relating to the Program.
(b) LIMITATIONS.—Only the Secretary of the Navy, the Under
Secretary of the Navy, and the Commander of Naval Air Systems
Command may—
(1) provide direction and management for the Program;
(2) set priorities for the Program;
(3) regulate or limit the information available or accessible
to the Program;
(4) edit reports or findings generated under the Program;
or
(5) coordinate and manage interactions of the Program
with external stakeholders.
(c) AUTHORITY FOR PROGRAM MANAGER.—The program manager
for the Program may access, consider, act on, and apply information,
at all levels of classification and from all sources and organizations,
that is pertinent to the projects and activities that the Program
is executing, or considering proposing for the future.
(d) QUARTERLY BRIEFINGS.—Not less frequently than once every
three months, the program manager for the Program shall provide
to the congressional defense committees and congressional intel-
ligence committees (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)) a briefing on all aspects of the
Program, including on the status of—
(1) the implementation of this section;
(2) the implementation of other congressional directives
relating to the Program; and
(3) any direction and oversight of the Program exercised
by the Commander of Naval Air Systems Command, the Sec-
retary of the Navy, or the Under Secretary of the Navy.
H. R. 7776—83
(e) STRATEGIC RELATIONSHIP.—The program manager for the
Program shall evaluate the feasibility and advisability of estab-
lishing a strategic relationship with the Naval Research Laboratory
pursuant to which the Laboratory provides scientific and technical
assistance and support for the Program.
(f) USE OF ASSETS.—The Commander of Naval Air Systems
Command shall take all actions the Commander considers reason-
able—
(1) to enable the Program to use assets controlled within
the Naval Air Systems Command enterprise, including sensor
systems and platforms; and
(2) to pursue the use of other assets that may further
the mission of the Program.
(g) TERMINATION.—This section shall have no force or effect
after September 30, 2027.
SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF
MICROELECTRONICS.
(a) DEVELOPMENT AND IMPLEMENTATION OF CAPABILITY.—The
Secretary of Defense shall develop and implement a capability
for quantifiable assurance to achieve practical, affordable, and risk-
based objectives for security of microelectronics to enable the
Department of Defense to access and apply state-of-the-art micro-
electronics for military purposes.
(b) ESTABLISHMENT OF REQUIREMENTS AND SCHEDULE OF SUP-
PORT FOR DEVELOPMENT, TEST, AND ASSESSMENT.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Deputy Secretary of Defense
shall, in consultation with the Under Secretary of Defense
for Research and Engineering, establish requirements and a
schedule for support from the National Security Agency to
develop, test, assess, implement, and improve the capability
required by subsection (a).
(2) NATIONAL SECURITY AGENCY.—The Director of the
National Security Agency shall take such actions as may be
necessary to satisfy the requirements established under para-
graph (1).
(3) BRIEFING.—Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense
for Research and Engineering and the Director of the National
Security Agency shall jointly provide the congressional defense
committees a briefing on the requirements and the schedule
for support established under paragraph (1).
(c) ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense shall assess
whether the Department of Defense, to enable expanded use
of unprogrammed application specific integrated circuits or
other custom-designed integrated circuits manufactured by a
supplier that is not using processes accredited by the Defense
Microelectronics Activity for the purpose of enabling the Depart-
ment to access commercial state-of-the-art microelectronics
technology using risk-based quantifiable assurance security
methodology, should—
(A) seek changes to the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22,
Code of Federal Regulations, and Department of Defense
H. R. 7776—84
Instruction 5200.44 (relating to protection of mission crit-
ical functions to achieve trusted systems and networks);
and
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such regula-
tions.
(2) BRIEFING.—Not later than April 1, 2023, the Secretary
of Defense shall provide the congressional defense committees
a briefing on the findings of the Secretary with respect to
the assessment conducted under paragraph (1).
SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING GROUP ON
MICROELECTRONICS.
(a) ESTABLISHMENT AND DESIGNATION.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a working group to facilitate coordination among
industry, academia, and the Department of Defense on issues
of mutual interest relating to microelectronics as described
in subsection (c).
(2) DESIGNATION.—The working group established under
paragraph (1) shall be known as the ‘‘Government-Industry-
Academia Working Group on Microelectronics’’ (referred to in
this section as the ‘‘Working Group’’).
(b) COMPOSITION.—The Working Group shall be composed of
representatives of organizations and elements of the Department
of Defense, industry, and academia.
(c) SCOPE.—The Secretary shall ensure that the Working Group
supports dialogue and coordination among industry, academia, and
the Department of Defense on the following issues relating to micro-
electronics:
(1) Research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the workforce.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging security.
(7) Technology transition issues and opportunities.
(d) CHARTER AND POLICIES.—Not later than March 1, 2023,
the Secretary of Defense shall develop a charter and issue policies
for the functioning of the Working Group.
(e) ADMINISTRATIVE SUPPORT.—The joint federation of capabili-
ties established under section 937 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10
U.S.C. 2224 note) shall provide administrative support to the
Working Group.
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to allow the Department of Defense to provide any
competitive advantage to any participant in the Working Group.
(g) SUNSET.—The provisions of this section shall terminate
on December 31, 2030.
SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS
BROADBAND INFRASTRUCTURE AT ALL MILITARY
INSTALLATIONS.
(a) TARGET REQUIRED.—Not later than July 30, 2023, the Sec-
retary of Defense shall—
H. R. 7776—85
(1) establish a target date by which the Secretary plans
to deploy 5G wireless broadband infrastructure at all military
installations; and
(2) establish metrics, which shall be identical for each
of the military departments, to measure progress toward
reaching the target required by paragraph (1).
(b) ANNUAL REPORT.—Not later than December 31, 2023, and
on an annual basis thereafter until the date specified in subsection
(c), the Secretary of Defense shall submit to the congressional
defense committees a report that includes—
(1) the metrics in use pursuant to subsection (a)(2); and
(2) the progress of the Secretary in reaching the target
required by subsection (a)(1).
(c) TERMINATION.—The requirement to submit annual reports
under subsection (b) shall terminate on the date that is five years
after the date of the enactment of this Act.
SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND OTHER MINORITY-SERVING INSTITU-
TIONS REGARDING NATIONAL SECURITY INNOVATION
NETWORK PROGRAMS THAT PROMOTE ENTREPRENEUR-
SHIP AND INNOVATION AT INSTITUTIONS OF HIGHER EDU-
CATION.
(a) PILOT PROGRAM.—The Under Secretary of Defense for
Research and Engineering, acting through the National Security
Innovation Network, may carry out a pilot program under which
the Under Secretary conducts activities, including outreach and
technical assistance, to better connect historically Black colleges
and universities and other minority-serving institutions to the
commercialization, innovation, and entrepreneurial activities of the
Department of Defense.
(b) BRIEFING.—Not later than one year after commencing a
pilot program under subsection (a), the Under Secretary of Defense
for Research and Engineering shall provide to the congressional
defense committees a briefing on the program, including—
(1) an explanation of—
(A) the results of any outreach efforts conducted under
the pilot program;
(B) the success of the pilot program in expanding
National Security Innovation Network programs to histori-
cally Black colleges and universities and other minority-
serving institutions; and
(C) any potential barriers to the expansion of the pilot
program; and
(2) recommendations for how the Department of Defense
can support historically Black colleges and universities and
other minority-serving institutions to enable such institutions
to successfully participate in Department of Defense commer-
cialization, innovation, and entrepreneurship programs.
(c) TERMINATION.—The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is five years
after the date of the enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘historically Black college or university’’
means a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
H. R. 7776—86
(2) The term ‘‘other minority-serving institution’’ means
an institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDA-
TIONS REGARDING DEFENSE RESEARCH CAPACITY AT
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
OTHER MINORITY-SERVING INSTITUTIONS.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the recommendations set forth in the publication of the National
Academies of Sciences, Engineering, and Medicine titled
‘‘Defense Research Capacity at Historically Black Colleges and
Universities and Other Minority Institutions: Transitioning
from Good Intentions to Measurable Outcomes’’ and dated April
28, 2022.
(2) CONTENTS.—The report required under paragraph (1)
shall include the following:
(A) With respect to the recommendations and sub-
recommendations set forth in the publication described in
paragraph (1)—
(i) a description of each recommendation and sub-
recommendation the Secretary has implemented as of
the date of the report;
(ii) a description of each recommendation and sub-
recommendation the Secretary has commenced imple-
menting as of the date of the report, including a jus-
tification for determining to commence implementing
the recommendation; and
(iii) a description of each recommendation and sub-
recommendation the Secretary has not implemented
or commenced implementing as of the date of the report
and a determination as to whether or not to implement
the recommendation.
(B) For each recommendation or subrecommendation
the Secretary determines to implement under subpara-
graph (A)(iii)—
(i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
(iii) the plan for implementation.
(C) For each recommendation or subrecommendation
the Secretary determines not to implement under subpara-
graph (A)(iii), a justification for the determination not to
implement the recommendation.
(3) FORMAT.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) PROGRAM TO IMPLEMENT REPORT RECOMMENDATIONS AND
SUBRECOMMENDATIONS.—
(1) PROGRAM REQUIRED.—The Secretary of Defense shall
establish and carry out a program (referred to in this subsection
H. R. 7776—87
as the ‘‘Program’’) under which the Secretary carries out activi-
ties to increase the capacity of eligible institutions to achieve
very high research activity status.
(2) CONSIDERATIONS.—In establishing the Program the Sec-
retary shall consider—
(A) the recommendations and subrecommendations to
be implemented under subsection (a);
(B) the extent of nascent research capabilities and
planned research capabilities at eligible institutions and
the relevance of those capabilities to research areas of
interest to the Department of Defense;
(C) recommendations from previous studies for
increasing the level of research activity at eligible institu-
tions to very high research activity status, including meas-
urable milestones such as growth in very high research
activity status indicators and other relevant factors;
(D) how institutions participating in the Program will
evaluate and assess progress toward achieving very high
research activity status;
(E) how such institutions will sustain an increased
level of research activity after the Program terminates;
and
(F) reporting requirements for institutions partici-
pating in the Program.
(3) CONSULTATION.—In designing the Program, the Sec-
retary may consult with the President’s Board of Advisors
on historically Black colleges and universities.
(4) PROGRAM ACTIVITIES.—
(A) ACTIVITIES.—Under the Program, the Secretary
shall carry out activities to build the capacity of eligible
institutions to achieve very high research activity status,
which may include—
(i) activities to support—
(I) faculty professional development;
(II) stipends for undergraduate and graduate
students and post-doctoral scholars;
(III) recruitment and retention of faculty and
graduate students;
(IV) the provision of laboratory equipment and
instrumentation;
(V) communication and dissemination of
research products produced during the Program;
(VI) construction, modernization, rehabilita-
tion, or retrofitting of facilities for research pur-
poses; and
(ii) such other activities as the Secretary deter-
mines appropriate.
(B) IDENTIFICATION OF PRIORITY AREAS.—The Secretary
shall establish and update, on an annual basis, a list of
research priorities for STEM and critical technologies
appropriate for the Program to assist eligible institutions
in identifying appropriate areas for research and related
activities.
(5) TERMINATION.—The Program shall terminate 10 years
after the date on which the Secretary commences the Program.
(6) EVALUATION.—Not later than two years after the date
of the enactment of this Act and every two years thereafter
H. R. 7776—88
until the date on which the Program terminates under para-
graph (5), the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report providing an update on the Program, including—
(A) a description of the activities carried out under
the Program;
(B) an analysis of any growth in very high research
activity status indicators of eligible institutions that partici-
pated in the Program; and
(C) emerging research areas of interest to the Depart-
ment of Defense that are being pursued by such institu-
tions.
(7) REPORT TO CONGRESS.—Not later than 180 days after
the date on which the program terminates under paragraph
(5), the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the Program that includes the following:
(A) An analysis of the growth in very high research
activity status indicators of eligible institutions that partici-
pated in the Program.
(B) An evaluation on the effectiveness of the Program
in increasing the research capacity of such institutions.
(C) An explanation of how institutions that achieved
very high research activity status plan to sustain that
status after the termination of the Program.
(D) An evaluation of the maintenance of very high
research status by eligible institutions that participated
in the Program.
(E) An evaluation of the effectiveness of the Program
in increasing the diversity of students conducting high
quality research in unique areas.
(F) Recommendations with respect to further activities
and investments necessary to elevate the research status
of historically Black colleges and universities and other
minority-serving institutions.
(G) Recommendations as to whether the Program
should be renewed or expanded.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘eligible institution’’ means a historically
Black college or university or other minority-serving institution
that is classified as a high research activity status institution
at the time of participation in the program under subsection
(b).
(2) The term ‘‘high research activity status’’ means R2
status, as classified by the Carnegie Classification of Institu-
tions of Higher Education.
(3) The term ‘‘historically Black college or university’’ has
the meaning given the term ‘‘part B institution’’ under section
322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4) The term ‘‘other minority-serving institution’’ means
an institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(5) The term ‘‘Secretary’’ means the Secretary of Defense.
(6) The term ‘‘very high research activity status’’ means
R1 status, as classified by the Carnegie Classification of Institu-
tions of Higher Education.
H. R. 7776—89
(7) The term ‘‘very high research activity status indicators’’
means the categories used by the Carnegie Classification of
Institutions of Higher Education to delineate which institutions
have very high activity status, including—
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in science
and engineering;
(C) annual expenditures in non-science and engineering
fields;
(D) per-capita (faculty member) expenditures in non-
science and engineering fields;
(E) doctorates awarded in science, technology,
engineering, and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a research
emphasis;
(I) total number of research staff including postdoctoral
researchers;
(J) other doctorate-holding non-faculty researchers in
science and engineering and per-capita (faculty) number
of doctorate-level research staff including post-doctoral
researchers; and
(K) other categories utilized to determine classification.
SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF
PATENTABLE INVENTIONS IN THE DEPARTMENT OF THE
NAVY.
(a) IN GENERAL.—The Secretary of the Navy may carry out
a pilot program to expand the support available to covered personnel
who seek to engage in the development of patentable inventions
that—
(1) have applicablity to the job-related functions of such
personnel; and
(2) may have applicability in the civilian sector.
(b) ACTIVITIES.—As part of the pilot program under subsection
(a), the Secretary of the Navy may—
(1) expand outreach to covered personnel regarding the
availability of patent-related training, legal assistance, and
other support for personnel interested in developing patentable
inventions;
(2) expand the availability of patent-related training to
covered personnel, including by making such training available
online;
(3) clarify and issue guidance detailing how covered per-
sonnel, including personnel outside of the laboratories and other
research organizations of the Department of the Navy, may—
(A) seek and receive support for the development of
patentable inventions; and
(B) receive a portion of any royalty or other payment
as an inventor or coinventor such as may be due under
section 14(a)(1)(A)(i) of the Stevension-Wylder Technology
Innovation Act of 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
(4) carry out other such activities as the Secretary deter-
mines appropriate in accordance with the purposes of the pilot
program.
H. R. 7776—90
(c) TERMINATION.—The authority to carry out the pilot program
under subsection (a) shall terminate three years after the date
of the enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered personnel’’ means members of the
Navy and Marine Corps and civilian employees of the Depart-
ment of the Navy, including members and employees whose
primary duties do not involve research and development.
(2) The term ‘‘patentable invention’’ means an invention
that is patentable under title 35, United States Code.
SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF
BATTERY TECHNOLOGIES FOR WARFIGHTERS.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary of Defense may establish
and carry out a pilot program to assess the feasibility and
advisability of providing support to battery producers—
(A) to facilitate the research and development of safe
and secure battery technologies for existing and new or
novel battery chemistry configurations, including through
the research and development of new or updated manufac-
turing processes and technologies;
(B) to assess commercial battery offerings within the
marketplace for viability and utility for warfighter applica-
tions; and
(C) to transition battery technologies, including tech-
nologies developed under other pilot programs, prototype
projects, or other research and development programs, from
the prototyping phase to manufacturing production.
(2) DESIGNATION.—The pilot program established under
paragraph (1) shall be known as the ‘‘Warfighter Electric Bat-
tery Transition Project’’ (referred to in this section as the
‘‘Project’’).
(3) ADMINISTRATION.—The Under Secretary of Defense for
Research and Engineering shall administer the Project.
(b) GRANTS, CONTRACTS, AND OTHER AGREEMENTS.—The Sec-
retary of Defense may carry out the Project through the award
of support, as described in subsection (a)(1), in the form of grants
to, or contracts or other agreements with, battery producers.
(c) COORDINATION.—The Secretary of Defense shall ensure that
activities under the Project are coordinated with the Strategic
Environmental Research and Development Program under section
2901 of title 10, United States Code.
(d) USE OF GRANT AND CONTRACT AMOUNTS.—A battery pro-
ducer who receives a grant, contract, or other agreement under
the Project may use the amount of the grant, contract, or other
agreement to carry out one or more of the following activities:
(1) Conducting research and development to validate new
or novel battery chemistry configurations, including through—
(A) experimentation;
(B) prototyping;
(C) testing;
(D) adapting battery technology to integrate with other
technologies and systems; or
(E) addressing manufacturing or other production chal-
lenges.
H. R. 7776—91
(2) Providing commercially available battery technologies
to each Secretary of a military department and the commanders
of the combatant commands to support utility assessments
or other testing by warfighters.
(3) Expanding, validating, or assessing battery recycling
capabilities that may provide operational utility to the Depart-
ment of Defense.
(4) Building and strengthening relationships of the Depart-
ment of Defense with nontraditional defense contractors in
the technology industry that may have unused or underused
solutions to specific operational challenges of the Department
relating to battery technology.
(e) PRIORITY OF AWARDS.—In awarding grants, contracts, or
other agreements under the Project, the Secretary shall give pref-
erence to battery producers that meet one or more of the following
criteria:
(1) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the United
States.
(2) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the
national technology and industrial base (as defined in section
4801 of title 10, United States Code).
(3) The technology made available by the producer provides
modularity to support diverse applications.
(4) The technology made available by the producer facili-
tates safety in tactical and combat applications by using battery
chemistries and configurations that reduce thermal runaway
and minimize oxygen liberation.
(5) The producer demonstrates new or novel battery chem-
istry configurations, safety characteristics, or form-factor
configurations.
(6) The producer facilitates the domestic supply chain for
raw materials needed for battery production.
(7) The producer offers battery-related commercial products
or commercial services.
(f) PLANNING, REPORTING AND DATA COLLECTION.—
(1) PLAN REQUIRED BEFORE IMPLEMENTATION.—
(A) IN GENERAL.—The Secretary of Defense may not
commence the Project until the Secretary has completed
a plan for the implementation of the Project.
(B) ELEMENTS.—The plan under subparagraph (A)
shall provide for—
(i) collecting, analyzing, and retaining Project data;
(ii) developing and sharing best practices for
achieving the objectives of the Project;
(iii) identification of any policy or regulatory
impediments inhibiting the execution of the Project;
and
(iv) sharing results from the Project across the
Department of Defense and with other departments
and agencies of the Federal Government and Congress.
(C) SUBMITTAL TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense
committees the implementation plan developed under
subparagraph (A).
H. R. 7776—92
(2) FINAL REPORT.—Not later than one year after the date
on which the Project terminates under subsection (g), the Sec-
retary of Defense shall submit to the congressional defense
committees a final report on the results of the Project. Such
report shall include—
(A) a summary of the objectives achieved by the Project;
and
(B) recommendations regarding the steps that may
be taken to promote battery technologies that are not
dependent on foreign competitors to meet the needs of
the Armed Forces.
(g) TERMINATION.—The authority to carry out the Project shall
terminate on December 31, 2028.
Subtitle C—Plans, Reports, and Other
Matters
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DIRECTOR
OF OPERATIONAL TEST AND EVALUATION.
Section 139(h)(3) of title 10, United States Code, is amended—
(1) by inserting ‘‘or controlled unclassified’’ after ‘‘classi-
fied’’; and
(2) by striking ‘‘submit an unclassified version of the report
to Congress’’ and inserting ‘‘submit to Congress a version of
the report that is unclassified and does not require safeguarding
or dissemination controls’’.
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS
ON STRATEGY FOR FIFTH GENERATION INFORMATION
AND COMMUNICATIONS TECHNOLOGIES.
Section 254(d)(1) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4571 note)
is amended, in the matter preceding subparagraph (A), by striking
‘‘March 15, 2022’’ and inserting ‘‘December 1, 2026’’.
SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOPMENT
OF NOVEL PROCESSING APPROACHES FOR DEFENSE
APPLICATIONS.
(a) INVESTMENT PLANS REQUIRED.—Not later than November
1, 2023, and not less frequently than once every three years there-
after until December 31, 2035, the Secretary of Defense shall submit
to the congressional defense committees a plan for making invest-
ments to support the development of novel processing approaches
for defense applications.
(b) ELEMENTS.—Each investment plan required by subsection
(a) shall—
(1) identify any investments the Secretary has made, and
any future investments the Secretary intends to make, in
research and technology development to support the use and
fielding of novel processing approaches for defense applications;
(2) identify any investments the Secretary has made, and
any future investments the Secretary intends to make, to accel-
erate the development of novel processing approaches for
defense applications, including investments in—
(A) personnel and workforce capabilities;
H. R. 7776—93
(B) facilities and infrastructure to host systems uti-
lizing novel processing approaches;
(C) algorithm developments necessary to expand the
functionality of each novel processing approach;
(D) other Federal agencies and federally funded labora-
tories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage invest-
ments in novel processing approaches within the Department
and with non-Federal partners;
(4) describe the technical goals to be achieved and capabili-
ties to be developed under the plan; and
(5) include recommendations for such legislative or
administration actions as may support the effective execution
of the investment plan.
(c) FORM.—Each plan submitted under subsection (a) shall be
submitted in such form as the Secretary considers appropriate,
which may include classified, unclassified, and publicly releasable
formats.
(d) NOVEL PROCESSING APPROACHES DEFINED.—In this section,
the term ‘‘novel processing approaches’’ means—
(1) emerging techniques in computation, such as biocom-
puting, exascale computing, utility scale quantum computing;
and
(2) associated algorithm and hardware development needed
to implement such techniques.
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G INFORMA-
TION AND COMMUNICATIONS TECHNOLOGY WITHIN THE
MILITARY DEPARTMENTS.
(a) THREE-YEAR TRANSITION PLAN REQUIRED.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, each Assistant Secretary concerned
shall develop and submit to the congressional defense commit-
tees a plan that specifies—
(A) the extent to which fifth generation information
and communications technology (5G) infrastructure is
expected to be implemented in the military department
of the Assistant Secretary by the end of the three-year
period following the date of the enactment of this Act;
and
(B) how the implementation of such technology is
expected to be achieved during such period.
(2) ELEMENTS.—Each plan required under paragraph (1)
shall include—
(A) an operational needs assessment that identifies
the highest priority areas in which the Assistant Secretary
intends to implement fifth generation information and
communications technologies during the three-year period
described in paragraph (1);
(B) an explanation of—
(i) whether and to what extent the Assistant Sec-
retary intends to use an open radio access network
approach in implementing fifth generation information
and communications technologies in the areas identi-
fied under subparagraph (A); and
H. R. 7776—94
(ii) if the Assistant Secretary does not intend to
use such an open radio access network approach, an
explanation of the reasons for such determination;
(C) an investment plan that includes funding esti-
mates, by fiscal year and appropriation account, to accel-
erate—
(i) the maturation and acquisition of fifth genera-
tion information and communications capabilities that
use the open radio access network approach; and
(ii) the deployment of such capabilities in the facili-
ties and systems of the military department concerned;
(D) metrics and reporting mechanisms to ensure
progress in achieving the objectives of the plan within
the three-year period described in paragraph (1);
(E) identification and designation of a single point
of contact at each military installation and within each
armed force under the jurisdiction of the military depart-
ment concerned to facilitate the deployment of fifth genera-
tion information and communications technologies;
(F) actions the Assistant Secretary intends to carry
out to streamline the process for establishing fifth genera-
tion wireless coverage at military installations, including
actions to reduce delays caused by policies and processes
relating to contracting, communications, and the use of
real property;
(G) identification of investments that are required to
support the transition to fifth generation information and
communications technology that uses an open radio access
network approach; and
(H) such other matters as the Assistant Secretary con-
siders appropriate.
(3) COORDINATION.—In developing the plans required under
paragraph (1), each Assistant Secretary concerned shall coordi-
nate with—
(A) the Chief Information Officer of the Department
of Defense;
(B) and the Under Secretary of Defense for Acquisition
and Sustainment; and
(C) the Under Secretary of Defense for Research and
Engineering.
(4) FORM OF PLAN.—Each plan required under paragraph
(1) shall be submitted in unclassified form.
(b) CROSS-FUNCTIONAL TEAM ASSESSMENT.—
(1) ASSESSMENT AND BRIEFING REQUIRED.—After all of the
plans required by subsection (a)(1) have been submitted in
accordance with such subsection and not later than 150 days
after the date of the enactment of this Act, the cross-functional
team established pursuant to section 224(c)(1) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4571 note)
shall assess such plans and provide to the congressional defense
committees a briefing on the findings of the team with respect
to such assessment.
(2) ELEMENTS.—The briefing provided under paragraph (1)
shall include the following:
(A) Recommendations to further accelerate the deploy-
ment of fifth-generation information and communications
H. R. 7776—95
technologies that use the open radio access network
approach across the Department of Defense.
(B) Recommendations to standardize and streamline
the process for establishing fifth generation wireless cov-
erage at military installations, including recommendations
for reducing delays caused by policies and processes
relating to contracting, communications, and the use of
real property.
(C) A plan for the inclusion of representatives of the
Department of Defense in international wireless standards-
setting bodies.
(D) Such other matters as the cross-functional team
described in paragraph (1) considers appropriate.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Assistant Secretary concerned’’ means—
(A) the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology, with respect to matters con-
cerning the Department of the Army;
(B) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters con-
cerning the Department of the Navy; and
(C) the Assistant Secretary of the Air Force for Acquisi-
tion, Technology, and Logistics, with respect to matters
concerning the Department of the Air Force.
(2) The term ‘‘open radio access network approach’’ means
an approach to networking, such as the Open Radio Access
Network (commonly known as ‘‘Open RAN’’), that uses open
protocols and interfaces within a network so that components
provided by different vendors can be interoperable.
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH PROJECTS
AGENCY INNOVATION FELLOWSHIP PROGRAM.
(a) IN GENERAL.—The Director of the Defense Advanced
Research Projects Agency shall develop a plan for the establishment
of a fellowship program (to be known as the ‘‘Innovation Fellowship
Program’’) to expand opportunities for early career scientists to
participate in the programs, projects, and other activities of the
Agency.
(b) ELEMENTS.—In developing the plan under subsection (a),
the Director of the Defense Advanced Research Projects Agency
shall—
(1) review the types of programs, projects, and other activi-
ties of the Agency that may be open to participation from
early career scientists to identify opportunities for the expan-
sion of such participation;
(2) identify criteria for evaluating applicants to the fellow-
ship program described in subsection (a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) conduct an assessment of the potential costs of the
fellowship program;
(5) define eligibility requirements for participants in the
fellowship program; and
(6) address such other matters as the Director determines
appropriate.
(c) SUBMITTAL TO CONGRESS.—Not later than 180 days after
the date of the enactment of this Act, the Director of the Defense
H. R. 7776—96
Advanced Research Projects Agency shall submit to the congres-
sional defense committee a report that includes—
(1) the plan developed under subsection (a); and
(2) recommendations for expanding opportunities for early
career scientists to participate in the programs, projects, and
other activities of the Agency.
(d) EARLY CAREER SCIENTIST DEFINED.—The term ‘‘early career
scientist’’ means a scientist who is in an early stage of career
development according to criteria determined by the Director of
the Defense Advanced Research Projects Agency for purposes of
this section.
SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND STRENGTHENING
THE DEFENSE INNOVATION ECOSYSTEM.
(a) STRATEGY AND IMPLEMENTATION PLAN REQUIRED.—Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Under Secretary of Defense
for Research and Engineering, shall develop—
(1) a strategy fostering and strengthening the defense
innovation ecosystem; and
(2) a plan for implementing such strategy.
(b) PURPOSES.—
(1) STRATEGY.—The purpose of the strategy required by
subsection (a)(1) is to provide a framework for identifying,
assessing, and tracking innovation ecosystems that are bene-
ficial to advancing the defense, national security, and
warfighting missions of the Department of Defense.
(2) IMPLEMENTATION PLAN.—The purpose of the
implementation plan required by subsection (a)(2) is to pro-
vide—
(A) concrete steps and measures of effectiveness to
gauge the effect of the innovation ecosystems described
in paragraph (1) on the Department; and
(B) a means for assessing the effectiveness of the
strategy developed under subsection (a)(1), including the
approaches taken by the Department to grow, foster, and
sustain such innovation ecosystems.
(c) ELEMENTS.—The strategy and the implementation plan
required by subsection (a) shall include the following elements:
(1) A process for defining, assessing, and selecting innova-
tion ecosystems with potential to provide benefit to the Depart-
ment of Defense.
(2) Metrics for measuring the performance and health of
innovation ecosystems being supported by the Department,
including identification of criteria to determine when to support
or cease supporting identified ecosystems.
(3) Identification of the authorities and Department of
Defense research, development, test, and evaluation assets that
can be used to identify, establish, sustain, and expand innova-
tion ecosystems.
(4) For each innovation ecosystem supported by the Depart-
ment—
(A) a description of the core competencies or focus
areas of the ecosystem;
(B) identification of any organizations or elements of
the Department that engage with the ecosystem;
H. R. 7776—97
(C) identification of the private sector assets that are
being used to support, sustain, and expand the identified
innovation ecosystem; and
(D) a description of any challenges and successes asso-
ciated with such ecosystem.
(5) Such other elements as the Secretary considers appro-
priate.
(d) INTERIM BRIEFING.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the strategy
and implementation plan developed under subsection (a).
(e) SUBMITTAL OF STRATEGY AND PLAN.—Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
the strategy and implementation plan developed under subsection
(a).
(f) QUADRENNIAL UPDATES.—Not later than March 1, 2027,
and not less frequently than once ever four years thereafter until
December 31, 2039, the Secretary shall—
(1) update the strategy and plan developed under sub-
section (a); and
(2) submit the updated strategy and plan to the congres-
sional defense committees.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Department of Defense research, develop-
ment, test, and evaluation assets’’ includes the following:
(A) The Department of Defense science and technology
reinvention laboratories designated under section 4121 of
title 10, United States Code.
(B) The Major Range and Test Facility Base (as defined
in section 4173(i) of such title).
(C) Department of Defense sponsored manufacturing
innovation institutes.
(D) The organic industrial base.
(E) Defense Agencies and Department of Defense Field
Activities (as defined in section 101(a) of title 10, United
States Code) that carry out activities using funds appro-
priated for research, development, test, and evaluation.
(F) Any other organization or element of the Depart-
ment of Defense that carries out activities using funds
appropriated for research, development, test, and evalua-
tion.
(2) The term ‘‘innovation ecosystem’’ refers to a regionally
based network of private sector, academic, and government
institutions in a network of formal and informal institutional
relationships that contribute to technological and economic
development in a defined technology sector or sectors.
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO HYPERSONIC
TESTING CAPACITY OF THE DEPARTMENT OF DEFENSE.
(a) ASSESSMENT.—The Secretary of Defense shall assess the
capacity of the Department of Defense to test, evaluate, and qualify
the hypersonic capabilities and related technologies of the Depart-
ment.
(b) ELEMENTS.—The assessment under subsection (a) shall
include the following:
H. R. 7776—98
(1) An assumption, for purposes of evaluating the capacity
described in subsection (a), that the Department of Defense
will conduct at least one full-scale, operationally relevant, live-
fire, hypersonic weapon test of each hypersonic weapon system
that is under development each year by each of the Air Force,
the Army, and the Navy, once such system reaches initial
operational capability.
(2) An identification of test facilities outside the Depart-
ment of Defense that have potential to be used to expand
the capacity described in subsection (a), including test facilities
of other departments and agencies of the Federal Government,
academia, and commercial test facilities.
(3) An analysis of the capability of each test facility identi-
fied under paragraph (2) to simulate various individual and
coupled hypersonic conditions to accurately simulate a realistic
flight-like environment with all relevant aero-thermochemical
conditions.
(4) An identification of the coordination, scheduling,
reimbursement processes, and requirements needed for the
potential use of test facilities of other departments and agencies
of the Federal Government, as available.
(5) An analysis of the test frequency, scheduling lead time,
test cost, and capacity of each test facility identified under
paragraph (2).
(6) A review of test facilities identified under paragraph
(2) that could enhance efforts to test flight vehicles of the
Department in all phases of hypersonic flight, and other tech-
nologies, including sensors, communications, thermal protective
shields and materials, optical windows, navigation, and environ-
mental sensors.
(7) An assessment of any cost savings and time savings
that could result from using technologies identified in the
strategy under subsection (c).
(c) STRATEGY.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a strategy
to coordinate the potential use of test facilities and ranges
identified under subsection (b)(2) to evaluate hypersonic tech-
nologies.
(2) ELEMENTS.—The strategy under paragraph (1) shall—
(A) be based on the assessment under subsection (a);
(B) address how the Secretary will coordinate with
other departments and agencies of the Federal Govern-
ment, including the National Aeronautics and Space
Administration, to plan for and schedule the potential use
of other Federal Government-owned test facilities and
ranges, as available, to evaluate the hypersonic tech-
nologies of the Department of Defense;
(C) to the extent practicable, address in what cases
the Secretary can use test facilities identified under sub-
section (b)(2) to fill any existing testing requirement gaps
to enhance and accelerate flight qualification of critical
hypersonic technologies of the Department;
(D) identify—
(i) the resources needed to improve the frequency
and capacity for testing hypersonic technologies of the
H. R. 7776—99
Department at ground-based test facilities and flight
test ranges, including estimated costs for conducting
at least one full-scale, operationally relevant, live-fire,
hypersonic weapon test of each hypersonic weapon
system that is under development each year by each
of the Air Force, the Army, and the Navy, once such
system reaches initial operational capability;
(ii) the resources needed to reimburse other depart-
ments and agencies of the Federal Government for
the use of the test facilities and ranges of those depart-
ments or agencies to test the hypersonics technologies
of the Department;
(iii) the requirements, approval processes, and
resources needed to enhance, as appropriate, the
testing capabilities and capacity of other Federal
Government-owned test facilities and flight ranges, in
coordination with the heads of the relevant depart-
ments and agencies;
(iv) investments that the Secretary can make to
incorporate test facilities identified under subsection
(b)(2) into the overall hypersonic test infrastructure
of the Department of Defense; and
(v) the environmental conditions, testing sizes, and
duration required for flight qualification of both
hypersonic cruise and hypersonic boost-glide tech-
nologies of the Department; and
(E) address all advanced or emerging technologies that
could shorten timelines and reduce costs for hypersonic
missile testing, including with respect to—
(i) 3D printing of hypersonic test missile compo-
nents including the frame, warhead, and propulsion
systems;
(ii) reusable hypersonic test beds, including air-
launched, sea-launched, and ground-launched options;
(iii) additive manufacturing solutions;
(iv) the potential use of airborne platforms other
than the B–52 aircraft to improve flight schedules for
such testing; and
(v) other relevant technologies.
(3) COORDINATION.—The Secretary of Defense shall develop
the strategy under paragraph (1) in coordination with the Pro-
gram Director of the Joint Hypersonics Transition Office, the
Administrator of the National Aeronautics and Space Adminis-
tration, the research laboratories of the military departments,
and the Department of Defense Test Resource Management
Center.
(d) REPORT ON ESTIMATED COSTS OF CONDUCTING A MINIMUM
FREQUENCY OF HYPERSONIC WEAPONS TESTING.—Not later than
180 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the appropriate congressional committees
a report that includes an estimate of the costs of conducting at
least one full-scale, operationally relevant, live-fire, hypersonic
weapon test of each hypersonic weapon system that is under
development each year by each of the Air Force, the Army, and
the Navy, once such system reaches initial operational capability.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—The
term ‘‘appropriate congressional committees’’ means the following:
H. R. 7776—100
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FEDERALLY
FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) ANNUAL REPORT REQUIRED.—On an annual basis, the Sec-
retary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report that
identifies and provides information about the studies and reports
undertaken for the Department of Defense by federally funded
research and development centers.
(b) ELEMENTS.—Each report submitted under subsection (a)
shall set forth the following:
(1) A list identifying each study and report undertaken
by a federally funded research center for the Department of
Defense—
(A) that has been completed during the period covered
by the report under subsection (a); or
(B) that is in progress as of the date of the report
under subsection (a).
(2) For each study and report listed under paragraph (1),
the following:
(A) The title of the study or report.
(B) The federally funded research and development
center undertaking the study or report.
(C) The amount of funding provided to the federally
funded research and development center under the contract
or other agreement pursuant to which the study or report
is being produced or conducted.
(D) The completion date or anticipated completion date
of the study or report.
(c) EXCEPTIONS.—The report required by subsection (a) shall
not apply to the following:
(1) Classified reports or studies.
(2) Technical reports associated with scientific research
or technical development activities.
(3) Any report or study undertaken pursuant to a contract
or other agreement between a federally funded research and
development center and an entity outside the Department of
Defense.
(4) Reports or studies that are in draft form or that have
not undergone a peer-review or prepublication security review
process established by the federally funded research and
development center concerned.
(d) SPECIAL RULE.—Each report under subsection (a) shall be
generated using the products and processes generated pursuant
to section 908 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. 111 note).
(e) TERMINATION.—The requirement to submit annual reports
under subsection (a) shall terminate on the date that is three
years after the date of the enactment of this Act.
H. R. 7776—101
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES
COMMAND RESEARCH PROGRAM REALIGNMENT STUDY.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report on the
recommendations set forth in the publication of the National Acad-
emies of Sciences, Engineering, and Medicine titled ‘‘Consensus
Study Report: U.S. Army Futures Command Research Program
Realignment’’ and dated April 23, 2022.
(b) CONTENTS.—The report submitted under subsection (a) shall
include the following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description of each recommendation described in such
subsection that the Secretary has commenced implementing,
including a justification for determining to commence imple-
menting the recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or com-
menced implementing and a determination as to whether or
not to implement the recommendation.
(4) For each recommendation under paragraph (3) the Sec-
retary determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any additional resources or authori-
ties required for implementation.
(C) The plan for implementation.
(5) For each recommendation under paragraph (3) the Sec-
retary determines not to implement, a justification for the
determination not to implement.
(c) FORMAT.—The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF
THE ELECTRONIC PROVING GROUNDS TESTING RANGE.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Chair of the Electronic Warfare Executive Committee
of the Department of Defense, shall submit to the congressional
defense committees a report on the Electronic Proving Grounds
testing range located at Fort Huachuca, Arizona.
(b) ELEMENTS.—The report under subsection (a) shall address—
(1) the amount and types of testing activities conducted
at the Electronic Proving Grounds testing range;
(2) any shortfalls in the facilities and equipment of the
range;
(3) the capacity of the range to be used for additional
testing activities;
(4) the possibility of using the range for the testing activi-
ties of other Armed Forces, Federal agencies, and private-sector
entities in the United States;
(5) the capacity of the range to be used for realistic elec-
tronic warfare training;
(6) electronic warfare training shortfalls at domestic mili-
tary installations generally; and
(7) the feasibility and advisability of providing a dedicated
training area for electronic warfare capabilities.
H. R. 7776—102
(c) CONSULTATION.—In preparing the report under subsection
(a), the Chair of the Electronic Warfare Executive Committee shall
consult with the following:
(1) The Under Secretary of Defense for Research and
Engineering.
(2) The Chief Information Officer of the Department of
Defense.
(3) The Director of Operational Test and Evaluation of
the Department of Defense.
(4) The Commander of the United States Strategic Com-
mand.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations Cross-Func-
tional Team established pursuant to section 911(c) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114–328; 10 U.S.C. 111 note).
(7) The governments of Cochise County and Sierra Vista,
Arizona.
SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING
SOFTWARE AND INFORMATION TECHNOLOGY.
(a) STUDY REQUIRED.—The Secretary of Defense shall seek
to enter into a contract or other agreement with an eligible entity
to conduct an independent study on the challenges associated with
the use of software and information technology in the Department
of Defense, the effects of such challenges, and potential solutions
to such challenges.
(b) ELEMENTS.—The independent study conducted under sub-
section (a) shall include the following:
(1) A survey of members of each Armed Force under the
jurisdiction of a Secretary of a military department to identify
the most important software and information technology chal-
lenges that result in lost working hours, including—
(A) an estimate of the number of working hours lost
due to each challenge and the cost of such lost working
hours;
(B) the effects of each challenge on servicemember
and employee retention; and
(C) any negative effects of each challenge on a mission
of the Armed Force or military department concerned.
(2) A summary of the policy or technical challenges that
limit the ability of each Secretary of a military department
to implement needed software and information technology
reforms, which shall be determined based on interviews con-
ducted with individuals who serve as a chief information officer
(or an equivalent position) in a military department.
(3) Development of a framework for assessing underper-
forming software and information technology, with an emphasis
on foundational information technology to standardize the
measurement and comparison of programs across the Depart-
ment of Defense and its component organizations. Such a frame-
work shall enable the assessment of underperforming software
and information technology based on—
(A) designs, interfaces, and functionality which
prioritize user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;
H. R. 7776—103
(D) comparisons between—
(i) outdated or outmoded information technologies,
software, and applications; and
(ii) modern information technologies, software, and
applications;
(E) overhead costs for software and information tech-
nology in the Department compared to the overhead costs
for comparable software and information technology in the
private sector;
(F) comparison of the amounts the Department planned
to expend on software and information technology services
versus the amounts actually spent for such software and
services;
(G) the mean amount of time it takes to resolve tech-
nical problems reported by users;
(H) the average rate, expressed in time, for remediating
or patching weaknesses or flaws in information tech-
nologies, software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) The development of recommendations—
(A) to address the challenges identified under para-
graph (1); and
(B) to improve the processes through which the Sec-
retary provides software and information technology
throughout the Department, including through—
(i) business processes reengineering;
(ii) improvement of procurement or sustainment
processes;
(iii) remediation of hardware and software tech-
nology gaps; and
(iv) the development of more detailed and effective
cost estimates.
(c) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the eligible entity that conducts
the study under subsection (a) shall submit to the Secretary of
Defense and the congressional defense committees a report on the
results of such study.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘eligible entity’’ means an independent entity
not under the direction or control of the Secretary of Defense,
which may include a department or agency of the Federal
Government outside the Department of Defense.
(2) The term ‘‘software and information technology’’ does
not include embedded software and information technology used
for weapon systems.
SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPERATIONAL
TEST AND EVALUATION RESOURCES SUPPORTING CER-
TAIN MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) STUDY.—The Director of Operational Test and Evaluation
of the Department of Defense shall conduct a study of at least
one major defense acquisition program within each covered Armed
Force to determine the sufficiency of the operational test and evalua-
tion resources supporting such program.
H. R. 7776—104
(b) ELEMENTS.—The study under subsection (a) shall include,
with respect to each major defense acquisition program evaluated
as part of the study, the following:
(1) Identification and assessment of the operational test
and evaluation resources supporting the program—
(A) as of the date of the study;
(B) during the five-year period preceding the date of
the study; and
(C) over the period covered by the most recent future-
years defense program submitted to Congress under section
221 of title 10, United States Code.
(2) For any operational test and evaluation resources deter-
mined to be insufficient to meet the needs of the program,
an evaluation of the amount of additional funding and any
other support that may be required to ensure the sufficiency
of such resources.
(3) The amount of Government-funded, contractor-provided
operational test and evaluation resources—
(A) provided for the program as of the date of the
study; and
(B) that are planned to be provided for the program
after such date.
(4) Such other matters as the Director of Operational Test
and Evaluation determines to be relevant to the study.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Director of Operational Test and Evalua-
tion shall submit to the congressional defense committees a report
on the results of the study conducted under subsection (a).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means the Army,
the Navy, the Marine Corps, the Air Force, and the Space
Force.
(2) The term ‘‘major defense acquisition program’’ has the
meaning given that term in section 4201 of title 10, United
States Code.
(3) The term ‘‘operational test and evaluation resources’’
means the facilities, specialized test assets, schedule, workforce,
and any other resources supporting operational test and evalua-
tion activities under a major defense acquisition program.
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 exposure of
hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department of
Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and energy
performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered, or
hydrogen-powered vehicles for the Department of Defense.
H. R. 7776—105
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 pro-
motion 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 mili-
tary 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 vehicles, or hy-
drogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at Red Hill
Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-Pacific
Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill Bulk
Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health 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 contamination
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 installations
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 Ship-
yard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support oper-
ations.
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.
H. R. 7776—106
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 distribution
points in United States Indo-Pacific Command area of responsibility.
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 unspecified
minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition production fa-
cility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level main-
tenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for per-
formance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Department
of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safe-
ty 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 responsibilities
in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire prevention
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 sanitation
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 coun-
termeasures platforms.
Subtitle A—Authorization of
Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2023 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, as specified in the
funding table in section 4301.
Subtitle B—Energy and Environment
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.
Chapter 7 of title 10, United States Code, is amended by
inserting after section 182 the following new section (and con-
forming the table of sections at the beginning of such chapter
accordingly):
H. R. 7776—107
‘‘§ 182a. Center for Excellence in Environmental Security
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may operate
a Center for Excellence in Environmental Security (in this section
referred to as the ‘Center’).
‘‘(b) MISSIONS.—(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military oper-
ations, particularly operations that require international assistance
and operations that require coordination between the Department
of Defense and other Federal agencies.
‘‘(2) The Center shall be used to provide and facilitate education,
training, interagency coordination, and research on the following
additional matters:
‘‘(A) Management of the consequences of environmental
insecurity with respect to—
‘‘(i) access to water, food, and energy;
‘‘(ii) related health matters; and
‘‘(iii) matters relating to when, how, and why environ-
mental stresses to human safety, health, water, energy,
and food will cascade to economic, social, political, or
national security events.
‘‘(B) Appropriate roles for the reserve components in
response to environmental insecurity resulting from natural
disasters.
‘‘(C) Meeting requirements for information in connection
with regional and global disasters, including through the use
of advanced communications technology as a virtual library.
‘‘(3) The Center shall perform such other missions as the Sec-
retary of Defense may specify.
‘‘(4) To assist the Center in carrying out the missions under
this subsection, upon request of the Center, the head of any Federal
agency may grant to the Center access to the data, archives, and
other physical resources (including facilities) of that agency, and
may detail any personnel of that agency to the Center, for the
purpose of enabling the development of global environmental indica-
tors.
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHOR-
IZED.—The Secretary of Defense may enter into an agreement with
appropriate officials of an institution of higher education to provide
for the operation of the Center. Any such agreement shall provide
for the institution to furnish necessary administrative services for
the Center, including by directly providing such services or pro-
viding the funds for such services.
‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided in
paragraph (2), the Secretary of Defense may accept, on behalf
of the Center, donations to be used to defray the costs of the
Center or to enhance the operation of the Center. Such donations
may be accepted from any agency of the Federal Government,
any State or local government, any foreign government, any founda-
tion or other charitable organization (including any that is organized
or operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.
‘‘(2) The Secretary may not accept a donation under paragraph
(1) if the acceptance of the donation would compromise or appear
to compromise—
‘‘(A) the ability of the Department of Defense, any employee
of the Department, or any member of the armed forces, to
H. R. 7776—108
carry out any responsibility or duty of the Department or
the armed forces in a fair and objective manner; or
‘‘(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
‘‘(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance
of a foreign donation under paragraph (1) would have a result
described in paragraph (2).
‘‘(4) Funds accepted by the Secretary under paragraph (1) as
a donation on behalf of the Center shall be credited to appropria-
tions available to the Department of Defense for the Center. Funds
so credited shall be merged with the appropriations to which cred-
ited and shall be available for the Center for the same purposes
and the same period as the appropriations with which merged.’’.
SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY
TRADING.
(a) IN GENERAL.—Chapter 159 of title 10, United States Code,
is amended by inserting after section 2694c the following new
section:
‘‘§ 2694d. Participation in pollutant banks and water quality
trading
‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary of a military
department, and the Secretary of Defense with respect to matters
concerning a Defense Agency, when engaged in an authorized
activity that may or will result in the discharge of pollutants,
may make payments to a pollutant banking program or water
quality trading program approved in accordance with the Water
Quality Trading Policy dated January 13, 2003, set forth by the
Office of Water of the Environmental Protection Agency, or any
successor administrative guidance or regulation.
‘‘(b) TREATMENT OF PAYMENTS.—Payments made under sub-
section (a) to a pollutant banking program or water quality trading
program may be treated as eligible project costs for military
construction.
‘‘(c) DISCHARGE OF POLLUTANTS DEFINED.—In this section, the
term ‘discharge of pollutants’ has the meaning given that term
in section 502(12) of the Federal Water Pollution Control Act (33
U.S.C. 1362(12)) (commonly referred to as the ‘Clean Water Act’).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2694c following new item:
‘‘2694d. Participation in pollutant banks and water quality trading.’’.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RES-
TORATION PROGRAM FOR STATE-OWNED FACILITIES OF
THE NATIONAL GUARD WITH PROVEN EXPOSURE OF HAZ-
ARDOUS SUBSTANCES AND WASTE.
(a) DEFINITION OF STATE-OWNED NATIONAL GUARD FACILITY.—
Section 2700 of title 10, United States Code, is amended by adding
at the end the following new paragraph:
‘‘(4) The term ‘State-owned National Guard facility’ includes
land owned and operated by a State when such land is used
for training the National Guard pursuant to chapter 5 of title
32 with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land
is not under the jurisdiction of the Department of Defense.’’.
H. R. 7776—109
(b) AUTHORITY FOR DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM.—Section 2701(a)(1) of such title is amended, in the first
sentence, by inserting ‘‘and at State-owned National Guard facili-
ties’’ before the period.
(c) RESPONSIBILITY FOR RESPONSE ACTIONS.—Section 2701(c)(1)
of such title is amended by adding at the end the following new
subparagraph:
‘‘(D) Each State-owned National Guard facility being
used for training the National Guard pursuant to chapter
5 of title 32 with funds provided by the Secretary of Defense
or the Secretary of a military department at the time
of actions leading to contamination by hazardous sub-
stances or pollutants or contaminants.’’.
SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY
REPORTS OF DEPARTMENT OF DEFENSE.
(a) ENVIRONMENTAL REPORT.—Section 2711 of title 10, United
States Code, is amended by striking subsections (a) and (b) and
inserting the following new subsections:
‘‘(a) REPORT REQUIRED.—Not later than March 31 of each year,
the Secretary of Defense shall submit to Congress a report on
progress made by environmental programs of the Department of
Defense during the preceding fiscal year.
‘‘(b) ELEMENTS.—Each report under subsection (a) shall include,
for the year covered by the report, the following:
‘‘(1) With respect to environmental restoration activities
of the Department of Defense, and for each of the military
departments, information on the Defense Environmental Res-
toration Program under section 2701 of this title, including—
‘‘(A) the total number of sites at which such program
was carried out;
‘‘(B) the progress of remediation for sites that have
not yet completed cleanup;
‘‘(C) the remaining cost to complete cleanup of known
sites; and
‘‘(D) an assessment by the Secretary of Defense of
the overall progress of such program.
‘‘(2) An assessment by the Secretary of achievements for
environmental conservation and planning by the Department.
‘‘(3) An assessment by the Secretary of achievements for
environmental compliance by the Department.
‘‘(4) An assessment by the Secretary of achievements for
climate resiliency by the Department.
‘‘(5) An assessment by the Secretary of the progress made
by the Department in achieving the objectives and goals of
the Environmental Technology Program of the Department.
‘‘(c) CONSOLIDATION.—The Secretary of Defense may consoli-
date, attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is
aligned or associated with, or would be better understood if pre-
sented as part of a consolidated report addressing environmental
restoration, compliance, and resilience.’’.
(b) ENERGY REPORT.—
(1) IN GENERAL.—Section 2925 of such title is amended—
(A) by amending the section heading to read as follows:
‘‘Annual report on energy performance, resilience,
and readiness of Department of Defense’’; and
H. R. 7776—110
(B) by striking subsections (a) and (b) and inserting
the following new subsections:
‘‘(a) REPORT REQUIRED.—Not later than 240 days after the
end of each fiscal year, the Secretary of Defense shall submit
to the congressional defense committees a report detailing the fulfill-
ment during that fiscal year of the authorities and requirements
under sections 2688, 2911, 2912, 2920, and 2926 of this title,
including progress on energy resilience at military installations
and the use of operational energy in combat platforms and at
contingency locations.
‘‘(b) ELEMENTS.—Each report under subsection (a) shall include
the following:
‘‘(1) For the year covered by the report, the following:
‘‘(A) A description of the progress made to achieve
the goals of the Energy Policy Act of 2005 (Public Law
109–58), section 2911(g) of this title, and the Energy
Independence and Security Act of 2007 (Public Law 110–
140).
‘‘(B) A description of the energy savings, return on
investment, and enhancements to installation mission
assurance realized by the fulfillment of the goals described
in subparagraph (A).
‘‘(C) A description of and progress toward the energy
security, resilience, and performance goals and master
planning for the Department of Defense, including associ-
ated metrics pursuant to subsections (c) and (d) of section
2911 of this title and requirements under section 2688(g)
of this title.
‘‘(D) An evaluation of progress made by the Department
in implementing the operational energy strategy of the
Department, including the progress of key initiatives and
technology investments related to operational energy
demand and management.
‘‘(E) Details of the amounts of any funds transferred
by the Secretary of Defense pursuant to section 2912 of
this title, including a detailed description of the purpose
for which such amounts have been used.
‘‘(2) Statistical information on operational energy demands
of the Department, in terms of expenditures and consumption,
for the preceding five fiscal years, including information on
funding made available in regular defense appropriations Acts
and any supplemental appropriations Acts.
‘‘(3) A description of each initiative related to the oper-
ational energy strategy of the Department and a summary
of funds appropriated for each initiative in the previous fiscal
year and current fiscal year and requested for each initiative
for the next five fiscal years.
‘‘(4) Such recommendations as the Secretary considers
appropriate for additional changes in organization or authority
within the Department to enable further implementation of
the energy strategy and such other comments and recommenda-
tions as the Secretary considers appropriate.
‘‘(c) CLASSIFIED FORM.—If a report under subsection (a) is sub-
mitted in classified form, the Secretary of Defense shall, concur-
rently with such report, submit to the congressional defense commit-
tees an unclassified version of the report.
H. R. 7776—111
‘‘(d) CONSOLIDATION.—The Secretary of Defense may consoli-
date, attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is
aligned or associated with, or would be better understood if pre-
sented as part of a consolidated report addressing energy perform-
ance, resilience, and readiness.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 173 of such title is
amended by striking the item relating to section 2925 and
inserting the following new item:
‘‘2925. Annual report on energy performance, resilience, and readiness of Depart-
ment of Defense.’’.
(c) CONTINUATION OF REPORTING REQUIREMENTS.—
(1) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1000; 10 U.S.C. 111 note) does not apply to the
following reports:
(A) The report required to be submitted to Congress
under section 2711 of title 10, United States Code.
(B) The report required to be submitted to Congress
under section 2925 of title 10, United States Code.
(2) CONFORMING REPEAL.—Section 1061(c) of National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114–328; 10 U.S.C. 111 note) is amended by striking para-
graphs (51) and (54).
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEASURES AND
FUNDING.
Section 2911 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(j) AGGREGATE ENERGY CONSERVATION MEASURES AND
FUNDING.—(1) To the maximum extent practicable, the Secretary
concerned shall take a holistic view of the energy project opportuni-
ties on installations under the jurisdiction of such Secretary and
shall consider aggregate energy conservation measures, including
energy conservation measures with quick payback, with energy
resilience enhancement projects and other projects that may have
a longer payback period.
‘‘(2) In considering aggregate energy conservation measures
under paragraph (1), the Secretary concerned shall incorporate
all funding available to such Secretary for such measures,
including—
‘‘(A) appropriated funds, such as—
‘‘(i) funds appropriated for the Energy Resilience and
Conservation Investment Program of the Department; and
‘‘(ii) funds appropriated for the Facilities Sustainment,
Restoration, and Modernization program of the Depart-
ment; and
‘‘(B) funding available under performance contracts, such
as energy savings performance contracts and utility energy
service contracts.’’.
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY
PERFORMANCE GOALS AND ENERGY PERFORMANCE
MASTER PLAN.
Section 2911(e) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
H. R. 7776—112
‘‘(14) The reliability and security of energy resources in
the event of a military conflict.
‘‘(15) The value of resourcing energy from partners and
allies of the United States.’’.
SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMISSION,
ADVANCED-BIOFUEL-POWERED, OR HYDROGEN-POWERED
VEHICLES FOR THE DEPARTMENT OF DEFENSE.
(a) REQUIREMENT.—Section 2922g of title 10, United States
Code, is amended—
(1) in the heading, by striking ‘‘systems’’ and inserting
‘‘systems; purchase or lease of certain electric and other
vehicles’’;
(2) in subsection (a), by striking ‘‘In leasing’’ and inserting
‘‘During the period preceding October 1, 2035, in leasing’’;
(3) in subsection (c), by inserting ‘‘, during the period speci-
fied in subsection (a),’’ after ‘‘from authorizing’’; and
(4) by adding at the end the following new subsections:
‘‘(d) REQUIREMENT.—Except as provided in subsection (e), begin-
ning on October 1, 2035, each covered nontactical vehicle purchased
or leased by or for the use of the Department of Defense shall
be—
‘‘(1) an electric or zero emission vehicle that uses a charging
connector type (or other means to transmit electricity to the
vehicle) that meets applicable industry accepted standards for
interoperability and safety;
‘‘(2) an advanced-biofuel-powered vehicle; or
‘‘(3) a hydrogen-powered vehicle.
‘‘(e) RELATION TO OTHER VEHICLE TECHNOLOGIES THAT REDUCE
CONSUMPTION OF FOSSIL FUELS.—Notwithstanding the requirement
under subsection (d), beginning on October 1, 2035, the Secretary
of Defense may authorize the purchase or lease of a covered nontac-
tical vehicle that is not described in such subsection if the Secretary
determines, on a case-by-case basis, that—
‘‘(1) the technology used in the vehicle to be purchased
or leased reduces the consumption of fossil fuels compared
to vehicles that use conventional internal combustion tech-
nology;
‘‘(2) the purchase or lease of such vehicle is consistent
with the energy performance goals and plan of the Department
of Defense required by section 2911 of this title; and
‘‘(3) the purchase or lease of a vehicle described in sub-
section (d) is impracticable under the circumstances.
‘‘(f) WAIVER.—(1) The Secretary of Defense may waive the
requirement under subsection (d).
‘‘(2) The Secretary of Defense may not delegate the waiver
authority under paragraph (1).
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘advanced-biofuel-powered vehicle’ includes
a vehicle that uses a fuel described in section 9001(3)(A) of
the Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
‘‘(2) The term ‘covered nontactical vehicle’ means any
vehicle—
‘‘(A) that is not a tactical vehicle designed for use
in combat; and
H. R. 7776—113
‘‘(B) that is purchased or leased by the Department
of Defense pursuant to a contract entered into, renewed,
modified, or amended on or after October 1, 2035.
‘‘(3) The term ‘hydrogen-powered vehicle’ means a vehicle
that uses hydrogen as the main source of motive power, either
through a fuel cell or internal combustion.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter II of chapter 173 of such title is amended
by striking the item relating to section 2922g 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.’’.
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF
DEFENSE RELATING TO RENEWABLE BIOMASS AND
BIOGAS.
Section 2924 of title 10, United States Code, is amended—
(1) in paragraph (6)—
(A) by redesignating subparagraphs (D) through (I)
as subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the following
new subparagraph (D):
‘‘(D) Biogas.’’; and
(2) by adding at the end the following new paragraphs:
‘‘(7) The term ‘biomass’ has the meaning given the term
‘renewable biomass’ in section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)).
‘‘(8) The term ‘biogas’ means biogas as such term is used
in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(ii)(V)).’’.
SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION
OF FUEL RELIANCE AND PROMOTION OF ENERGY-AWARE
BEHAVIORS.
(a) ESTABLISHMENT.—Subchapter III of chapter 173 of title
10, United States Code, is amended by adding at the end the
following new section (and conforming the table of sections at the
beginning of such subchapter accordingly):
‘‘§ 2928. Programs on reduction of fuel reliance and pro-
motion of energy-aware behaviors
‘‘(a) ESTABLISHMENT.—Each Secretary of a military department
shall establish a program for the promotion of energy-aware behav-
iors and the reduction of unnecessary fuel consumption within
that military department.
‘‘(b) GOALS.—The goals of the programs established under sub-
section (a) shall be as follows:
‘‘(1) To increase operational energy resiliency.
‘‘(2) To decrease energy-related strategic vulnerabilities and
enhance military readiness.
‘‘(3) To integrate sustainability features for new and
existing military installations and other facilities of the Depart-
ment.
‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the program of
a military department under subsection (a), the Secretary of the
military department shall carry out, with respect to the military
department, and at a minimum, the following:
H. R. 7776—114
‘‘(1) The development and implementation of a strategy
for the collection and analysis of data on fuel consumption,
to identify operational inefficiencies and enable data-driven
decision making with respect to fuel logistics and the reduction
of fuel consumption.
‘‘(2) The fostering of an energy-aware culture across the
military department to reduce fuel consumption, including
through—
‘‘(A) the incorporation of energy conservation and resil-
iency principles into training curricula and other training
materials of the military department, including by updating
such materials to include information on the effect of
energy-aware behaviors on improving readiness and combat
capability; and
‘‘(B) the review of standard operating procedures, and
other operational manuals and procedures, of the military
department, to identify procedures that increase fuel
consumption with no operational benefit.
‘‘(3) The integration of operational energy factors into the
wargaming of the military department and related training
activities that involve the modeling of scenarios, in accordance
with subsection (d), to provide to participants in such activities
realistic data on the risks and challenges relating to operational
energy and fuel logistics.
‘‘(4) The implementation of data-driven procedures, oper-
ations planning, and logistics, to optimize cargo transport and
refueling operations within the military department.
‘‘(d) WARGAMING ELEMENTS.—In integrating operational energy
factors into the wargaming and related training activities of a
military department under subsection (c)(3), the Secretary of the
military department shall seek to ensure that the planning, design,
and execution of such activities include—
‘‘(1) coordination with the elements of the military depart-
ment responsible for fuel and logistics matters, to ensure the
modeling of energy demand and network risk during such
activities are accurate, taking into account potential shortfalls
and the direct and indirect effects of the efforts of foreign
adversaries to target fuel supply chains; and
‘‘(2) a focus on improving integrated life-cycle management
processes and fuel supply logistics.’’.
(b) DEADLINE FOR ESTABLISHMENT.—The programs required
under section 2928 of title 10, United States Code, as added by
subsection (a), shall be established by not later than 180 days
after the date of the enactment of this Act.
(c) BRIEFING.—Not later than 180 days after the date of enact-
ment of this Act, each Secretary of a military department shall
provide to the congressional defense committees a briefing on the
establishment of the program of the military department required
under such section 2928.
SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE
JOINT REQUIREMENTS FOR FUTURE OPERATIONAL
ENERGY NEEDS OF DEPARTMENT OF DEFENSE.
Section 352 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1653) is amended by
adding at the end the following new subsection:
H. R. 7776—115
‘‘(e) ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE
JOINT REQUIREMENTS FOR FUTURE OPERATIONAL ENERGY NEEDS
OF DEPARTMENT OF DEFENSE.—
‘‘(1) ESTABLISHMENT.—The Secretary of Defense shall
establish a joint working group (in this subsection referred
to as the ‘working group’) to determine joint requirements
for future operational energy needs of the Department of
Defense.
‘‘(2) EXECUTIVE AGENT.—The Secretary of the Air Force
shall serve as the executive agent of the working group.
‘‘(3) REQUIREMENTS SPECIFIED.—
‘‘(A) IN GENERAL.—In determining joint requirements
under paragraph (1), the working group shall address the
operational energy needs of each military department and
combatant command to meet energy needs in all domains
of warfare, including land, air, sea, space, cyberspace,
subsea, and subterranean environments.
‘‘(B) PRIORITY FOR CERTAIN SYSTEMS.—Priority for joint
requirements under paragraph (1) shall be given to inde-
pendent operational energy systems that—
‘‘(i) are capable of operating in austere and isolated
environments with quick deployment capabilities; and
‘‘(ii) may reduce conventional air pollution and
greenhouse gas emissions comparable to systems
already in use.
‘‘(4) EXISTING OR NEW PROGRAMS.—The working group shall
address the feasibility of meeting joint requirements determined
under paragraph (1) through the existing energy programs
of the Department and make recommendations for new pro-
grams to meet such requirements.
‘‘(5) FOCUS AREAS.—In carrying out the requirements under
this subsection, the working group shall focus the efforts of
the working group on operational energy, including—
‘‘(A) micro-reactors and small modular reactors;
‘‘(B) hydrogen-based fuel systems, including hydrogen
fuel cells and hydrogen-based combustion engines;
‘‘(C) battery storage;
‘‘(D) renewable energy sources;
‘‘(E) retrofits to existing platforms that shall increase
efficiencies; and
‘‘(F) other technologies and resources that meet joint
requirements determined under paragraph (1).
‘‘(6) RECOMMENDED PLAN OF ACTION.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this subsection, the Secretary
shall submit to the congressional defense committees a
report, and provide to the congressional defense committees
a classified briefing, outlining recommendations for pro-
grams to meet joint requirements for future operational
energy needs of the Department of Defense by 2025, 2030,
and 2040.
‘‘(B) FOCUS ON READINESS AND FLEXIBILITY.—In submit-
ting the report and providing the briefing under subpara-
graph (A), the Secretary shall—
‘‘(i) address each element of the report or briefing,
as the case may be, in the context of maintaining
or increasing the readiness levels of the Armed Forces
H. R. 7776—116
and the flexibility of operational elements within the
Department; and
‘‘(ii) disregard energy sources that do not increase
such readiness and flexibility, with an explanation for
the reason such sources were disregarded.
‘‘(C) FORM.—The report under subparagraph (A) shall
be submitted in unclassified form, but may include a classi-
fied annex.
‘‘(7) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘advanced nuclear reactor’ has the
meaning given that term in section 951(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)).
‘‘(B) The term ‘micro-reactor’ means an advanced
nuclear reactor that has an electric power production
capacity that is not greater than 50 megawatts that can
be transported via land, air, or sea transport and can
be redeployed.
‘‘(C) The term ‘small modular reactor’ means an
advanced nuclear reactor—
‘‘(i) with a rated capacity of less than 300 electrical
megawatts; or
‘‘(ii) that can be constructed and operated in com-
bination with similar reactors at a single site.’’.
SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE
RELATING TO EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 221 note) is
amended—
(1) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) a calculation of the annual costs to the Department
for—
‘‘(A) assistance that is—
‘‘(i) provided to the Federal Emergency Manage-
ment Agency or any Federal land management agency
(as such term is defined in section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801))
pursuant to a request for such assistance and in con-
sultation with the National Interagency Fire Center;
or
‘‘(ii) provided under title 10 or title 32, United
States Code, to any State, territory, or possession of
the United States, regarding extreme weather; and
‘‘(B) resourcing required to support—
‘‘(i) wildfire response, recovery, or restoration
efforts occurring within military installations or other
facilities of the Department; or
‘‘(ii) any Federal agency other than the Depart-
ment (including the Federal Emergency Management
Agency and the National Interagency Fire Center) with
respect to wildfire response, recovery, or restoration
efforts, where such resourcing is not reimbursed.’’.
H. R. 7776—117
SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY
RESILIENCE AT CERTAIN MILITARY INSTALLATIONS.
(a) IN GENERAL.—Subject to the availability of appropriations
for such purpose, each Secretary of a military department shall
ensure that covered prototype and demonstration projects are con-
ducted at each military installation under the jurisdiction of that
Secretary that is designated by the Secretary of Defense as an
‘‘Energy Resilience Testbed’’ pursuant to subsection (b).
(b) SELECTION OF MILITARY INSTALLATIONS.—
(1) NOMINATION.—Each Secretary of a military department
shall nominate military installations under the jurisdiction of
that Secretary for selection under paragraph (2), and submit
to the Secretary of Defense a list of such nominations.
(2) SELECTION.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
select, from among the lists of nominated military installations
provided by the Secretaries of the military departments under
paragraph (1), at least one such nominated military installation
per military department for designation pursuant to paragraph
(4).
(3) CONSIDERATIONS.—In selecting military installations
under paragraph (2), the Secretary of Defense shall, to the
extent practicable, take into consideration the following:
(A) The mission of the installation.
(B) The geographic terrain of the installation and of
the community surrounding the installation.
(C) The energy resources available to support the
installation.
(D) An assessment of any extreme weather risks or
vulnerabilities at the installation and the community sur-
rounding the installation.
(4) DESIGNATION AS ENERGY RESILIENCE TESTBED.—Each
military installation selected under paragraph (2) shall be
known as an ‘‘Energy Resilience Testbed’’.
(c) COVERED TECHNOLOGIES.—Covered prototype and dem-
onstration projects conducted at military installations designated
pursuant to subsection (b) shall include the prototype and dem-
onstration of technologies in the following areas:
(1) Energy storage technologies, including long-duration
energy storage systems.
(2) Technologies to improve building energy efficiency in
a cyber-secure manner, such as advanced lighting controls,
high-performance cooling systems, and technologies for waste
heat recovery.
(3) Technologies to improve building energy management
and control in a cyber-secure manner.
(4) Tools and processes for design, assessment, and decision
making on the installation with respect to all hazards resilience
and hazard analysis, energy use, management, and the
construction of resilient buildings and infrastructure.
(5) Carbon sequestration technologies.
(6) Technologies relating to on-site resilient energy genera-
tion, including the following:
(A) Advanced geothermal technologies.
(B) Advanced nuclear technologies, including small
modular reactors.
H. R. 7776—118
(7) Port electrification and surrounding defense community
infrastructure.
(8) Tidal and wave power technologies.
(9) Distributed ledger technologies.
(d) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretaries of the military departments, shall provide
to the appropriate congressional committees a briefing on the con-
duct of covered prototype and demonstration projects at each mili-
tary installation designated pursuant to subsection (b). Such
briefing shall include the following:
(1) An identification of each military installation so des-
ignated.
(2) A justification as to why each military installation so
designated was selected for such designation.
(3) A strategy for commencing the conduct of such projects
at each military installation so designated by not later than
one year after the date of the enactment of this Act.
(e) DEADLINE FOR COMMENCEMENT OF PROJECTS.—Beginning
not later than one year after the date of the enactment of this
Act, covered prototype and demonstration projects shall be con-
ducted at, and such conduct shall be incorporated into the mission
of, each military installation designated pursuant to subsection
(b).
(f) RESPONSIBILITY FOR ADMINISTRATION AND OVERSIGHT.—Not-
withstanding the responsibility of the Secretary of Defense to select
each military installation for designation pursuant to subsection
(b)(2), the administration and oversight of the conduct of covered
prototype and demonstration projects at a military installation so
designated, as required under subsection (a), shall be the responsi-
bility of the Secretary of the military department with jurisdiction
over that military installation.
(g) CONSORTIUMS.—
(1) IN GENERAL.—Each Secretary of a military department
may enter into a partnership with, or seek to establish, a
consortium of industry, academia, and other entities described
in paragraph (2) to conduct covered prototype and demonstra-
tion projects at a military installation that is under the jurisdic-
tion of that Secretary and designated by the Secretary of
Defense pursuant to subsection (b).
(2) CONSORTIUM ENTITIES.—The entities described in this
paragraph are as follows:
(A) National laboratories.
(B) Industry entities the primary work of which relates
to technologies and business models relating to energy
resilience and all hazards resilience.
(h) AUTHORITIES.—
(1) IN GENERAL.—Covered prototype and demonstration
projects required under this section may be conducted as part
of the program for operational energy prototyping established
under section 324(c) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 134 Stat. 3523; 10 U.S.C. 2911 note) (including
by using funds available under the Operational Energy Proto-
typing Fund established pursuant to such section), using the
other transactions authority under section 4021 or 4022 of
title 10, United States Code, or using any other available
H. R. 7776—119
authority or funding source the Secretary of Defense determines
appropriate.
(2) FOLLOW-ON PRODUCTION CONTRACTS OR TRANS-
ACTIONS.—Each Secretary of a military department shall ensure
that, to the extent practicable, any transaction entered into
under the other transactions authority under section 4022 of
title 10, United States Code, for the conduct of a covered
prototype and demonstration project under this section shall
provide for the award of a follow-on production contract or
transaction pursuant to subsection (f) of such section 4022.
(i) INTERAGENCY COLLABORATION.—In carrying out this section,
to the extent practicable, the Secretary of Defense shall collaborate
with the Secretary of Energy and the heads of such other Federal
departments and agencies as the Secretary of Defense may deter-
mine appropriate, including by entering into relevant memoranda
of understanding.
(j) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed as precluding any Secretary of a military department
from carrying out any activity, including conducting a project or
making an investment, relating to the improvement of energy resil-
ience or all hazards resilience under an authority other than this
section.
(k) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services and the Com-
mittee on Energy and Commerce of the House of Represent-
atives; and
(B) the Committee on Armed Services and the Com-
mittee on Energy and Natural Resources of the Senate.
(2) The term ‘‘community infrastructure’’ has the meaning
given that term in section 2391(e) of title 10, United States
Code.
(3) The term ‘‘covered prototype and demonstration project’’
means a project to prototype and demonstrate advanced tech-
nologies to enhance energy resilience, including with respect
to energy supply disruptions, and all hazards resilience at
a military installation.
(4) The term ‘‘military installation’’ has the meaning given
that term in section 2867 of title 10, United States Code.
SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELECTRIC VEHICLE
CHARGING SOLUTIONS TO MITIGATE GRID STRESS.
(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretaries of the military departments, and in consulta-
tion with the Secretary of Energy, shall carry out a pilot program
to develop and test covered infrastructure to mitigate grid stress
caused by electric vehicles through the implementation and mainte-
nance on certain military installations of charging stations,
microgrids, and other covered infrastructure sufficient to cover the
energy demand at such installations.
(b) SELECTION OF MILITARY INSTALLATIONS.—
(1) SELECTION.—Not later than 180 days after the date
of the enactment of this Act, each Secretary of a military
department shall—
(A) select at least one military installation of each
Armed Force under the jurisdiction of that Secretary at
H. R. 7776—120
which to carry out the pilot program under subsection
(a); and
(B) submit to the Committees on Armed Services of
the House of Representatives and the Senate a notification
containing an identification of each such selected installa-
tion.
(2) CONSIDERATIONS.—In choosing a military installation
for selection pursuant to paragraph (1), each Secretary of a
military department shall take into account the following:
(A) A calculation of existing loads at the installation
and the existing capacity of the installation for the charging
of electric vehicles, including (as applicable) light duty
trucks.
(B) Any required upgrades to covered infrastructure
on the installation, including electrical wiring, anticipated
by the Secretary.
(C) The ownership, financing, operation, and mainte-
nance models of existing and planned covered infrastruc-
ture on the installation.
(D) An assessment of local grid needs, and any required
updates relating to such needs anticipated by the Secretary.
(c) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
on which a Secretary of a military department submits a
notification identifying a selected military installation under
subsection (b), that Secretary shall submit to the Committee
on Armed Services and the Committee on Energy and Com-
merce of the House of Representatives and the Committee
on Armed Services of the Senate a report on—
(A) the covered infrastructure to be implemented under
the pilot program at the installation;
(B) the methodology by which each type of covered
infrastructure so implemented shall be assessed for efficacy
and efficiency at providing sufficient energy to cover the
anticipated energy demand of the electric vehicle fleet at
the installation and mitigating grid stress; and
(C) the maintenance on the military installation of
charging stations and other covered infrastructure,
including a microgrid, that will be sufficient to—
(i) cover the anticipated electricity demand of such
fleet; and
(ii) improve installation energy resilience.
(2) ELEMENTS.—Each report under paragraph (1) shall
include, with respect to the selected military installation for
which the report is submitted, the following:
(A) A determination of the type and number of charging
stations to implement on the installation, taking into
account the interoperability of chargers and the potential
future needs or applications for chargers, such as vehicle-
to-grid or vehicle-to-building applications.
(B) A determination of the optimal ownership model
to provide charging stations on the installation, taking
into account the following:
(i) Use of Government-owned (purchased, installed,
and maintained) charging stations.
(ii) Use of third-party financed, installed, operated,
and maintained charging stations.
H. R. 7776—121
(iii) Use of financing models in which energy and
charging infrastructure operations and maintenance
are treated as a service.
(iv) Cyber and physical security considerations and
best practices associated with different ownership, net-
work, and control models.
(C) A determination of the optimal power source to
provide charging stations at the installation, taking into
account the following:
(i) Transformer and substation requirements.
(ii) Microgrids and distributed energy to support
both charging requirements and energy storage.
(3) SOURCE OF SERVICES.—Each Secretary of a military
department may use expertise within the military department
or enter into a contract with a non-Department of Defense
entity to make the determinations specified in paragraph (2).
(d) FINAL REPORT.—Not later than January 1, 2025, the Sec-
retary of Defense shall submit to the congressional committees
specified in subsection (c)(1) a final report on the pilot program
under subsection (a). Such report shall include the observations
and findings of the Department relating to the charging stations
and other covered infrastructure implemented and maintained
under such pilot program, including with respect to the elements
specified in subsection (c)(2).
(e) DEFINITIONS.—In this section:
(1) The terms ‘‘Armed Forces’’ and ‘‘military departments’’
have the meanings given those terms in section 101 of title
10, United States Code.
(2) The term ‘‘charging station’’ means a collection of one
or more electric vehicle supply equipment units serving the
purpose of charging an electric vehicle battery.
(3) The term ‘‘covered infrastructure’’—
(A) means infrastructure that the Secretary of Defense
determines may be used to—
(i) charge electric vehicles, including by transmit-
ting electricity to such vehicles directly; or
(ii) support the charging of electric vehicles,
including by supporting the resilience of grids or other
systems for delivering energy to such vehicles (such
as through the mitigation of grid stress); and
(B) includes—
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the specific
purpose of delivering energy to an electric vehicle or
to a battery intended to be used in an electric vehicle,
including wireless charging technologies.
(4) The term ‘‘electric vehicle’’ includes—
(A) a plug-in hybrid electric vehicle that uses a com-
bination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on elec-
tricity and does not contain an internal combustion engine
or gas tank.
H. R. 7776—122
(5) The term ‘‘electric vehicle supply equipment unit’’ means
the port that supplies electricity to one vehicle at a time.
(6) The term ‘‘microgrid’’ means a group of interconnected
loads and distributed energy resources within clearly defined
electrical boundaries that acts as a single controllable entity
with respect to the grid.
(7) The term ‘‘military installation’’ has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ‘‘wireless charging’’ means the charging of
a battery by inductive charging or by any means in which
a battery is charged without a wire, or plug-in wire, connecting
the power source and battery.
SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) PILOT PROGRAM REQUIRED.—
(1) IN GENERAL.—Subject to the availability of appropria-
tions for such purpose, the Secretary of Defense shall conduct
a pilot program on the use of sustainable aviation fuel by
the Department of Defense (in this section referred to as the
‘‘pilot program’’).
(2) DESIGN OF PROGRAM.—The pilot program shall be
designed to—
(A) identify any logistical challenges with respect to
the use of sustainable aviation fuel by the Department;
(B) promote understanding of the technical and
performance characteristics of sustainable aviation fuel
when used in a military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on the increased
use of sustainable aviation fuel.
(b) SELECTION OF FACILITIES.—
(1) SELECTION.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall select not fewer than two geographically diverse facili-
ties of the Department at which to carry out the pilot
program.
(B) ONSITE REFINERY.—Not fewer than one facility
selected under subparagraph (A) shall be a facility with
an onsite refinery that is located in proximity to not fewer
than one major commercial airport that is also actively
seeking to increase the use of sustainable aviation fuel.
(2) NOTICE TO CONGRESS.—Upon the selection of each
facility under paragraph (1), the Secretary shall submit to
the appropriate congressional committees notice of the selection,
including an identification of the facility selected.
(c) USE OF SUSTAINABLE AVIATION FUEL.—
(1) PLANS.—For each facility selected under subsection (b),
not later than one year after the selection of the facility, the
Secretary shall—
(A) develop a plan on how to implement, by September
30, 2028, a target of exclusively using at the facility avia-
tion fuel that is blended to contain not less than 10 percent
sustainable aviation fuel;
(B) submit the plan developed under subparagraph
(A) to the appropriate congressional committees; and
H. R. 7776—123
(C) provide to the appropriate congressional commit-
tees a briefing on such plan that includes, at a minimum—
(i) a description of any operational, infrastructure,
or logistical requirements, and recommendations, for
the blending and use of sustainable aviation fuel; and
(ii) a description of any stakeholder engagement
in the development of the plan, including any consulta-
tions with nearby commercial airport owners or opera-
tors.
(2) IMPLEMENTATION OF PLANS.—For each facility selected
under subsection (b), during the period beginning on a date
that is not later than September 30, 2028, and for five years
thereafter, the Secretary shall require, in accordance with the
respective plan developed under paragraph (1), the exclusive
use at the facility of aviation fuel that is blended to contain
not less than 10 percent sustainable aviation fuel.
(d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.—Sustainable
aviation fuel used under the pilot program shall meet the following
criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department
of Defense and the Armed Forces.
(e) WAIVER.—The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the Secretary—
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a national
security contingency; and
(2) submits to the congressional defense committees notice
of such waiver and the reasons for such waiver.
(f) FINAL REPORT.—
(1) IN GENERAL.—At the conclusion of the pilot program,
the Assistant Secretary of Defense for Energy, Installations,
and Environment shall submit to the appropriate congressional
committees a final report on the pilot program.
(2) ELEMENTS.—The report under paragraph (1) shall
include each of the following:
(A) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(B) A description of any operational, infrastructure,
or logistical requirements, and recommendations, for the
blending and use of sustainable aviation fuel, with a focus
on scaling up adoption of such fuel throughout the Armed
Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial airports
and other jet fuel consumers to increase the rate of use
of sustainable aviation fuel, for both military and non-
military use, including potential collaboration on innovative
financing or purchasing and shared supply chain infrastruc-
ture.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including—
(i) if used, considerations of various blending ratios
and the associated benefits thereof;
H. R. 7776—124
(ii) efficiency and distance improvements of flights
using sustainable aviation fuel;
(iii) weight savings on large transportation aircraft
and other types of aircraft by using blended fuel with
higher concentrations of sustainable aviation fuel;
(iv) maintenance benefits of using sustainable
aviation fuel, including with respect to engine lon-
gevity;
(v) the effect of the use of sustainable aviation
fuel on emissions and air quality;
(vi) the effect of the use of sustainable aviation
fuel on the environment and on surrounding commu-
nities, including environmental justice factors that are
created by the demand for and use of sustainable avia-
tion fuel by the Department of Defense; and
(vii) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’ means
the following:
(A) The Committee on Armed Services and the Com-
mittee on Transportation and Infrastructure of the House
of Representatives.
(B) The Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the
Senate.
(2) The term ‘‘sustainable aviation fuel’’ has the meaning
given such term in section 40007(e) of the Act titled ‘An Act
to provide for reconciliation pursuant to title II of S. Con.
Res. 14’ (Public Law 117–169).
SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED
BATTERIES THROUGH RECYCLING.
(a) POLICY REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Assistant Secretary of Defense
for Energy, Installations, and Environment, in coordination with
the Director of the Defense Logistics Agency, shall establish a
policy to increase the disposition of spent advanced batteries of
the Department of Defense through recycling (including by updating
the Department of Defense Manual 4160.21, titled ‘‘Defense Mate-
rial Disposition: Disposal Guidance and Procedures’’, or such suc-
cessor document, accordingly), for the purpose of supporting the
reclamation and return of precious metals, rare earth metals, and
elements of strategic importance (such as cobalt and lithium) into
the supply chain or strategic reserves of the United States.
(b) CONSIDERATIONS.—In developing the policy under subsection
(a), the Assistant Secretary shall consider, at a minimum, the
following recycling methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and upcycling.
SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FORMERLY
USED DEFENSE SITES PROGRAMS.
(a) GUIDANCE RELATING TO SITE PRIORITIZATION.—The Assist-
ant Secretary of Defense for Energy, Installations, and Environment
shall issue guidance setting forth how, in prioritizing sites for
activities funded under the ‘‘Environmental Restoration Account,
H. R. 7776—125
Formerly Used Defense Sites’’ account established under section
2703(a)(5) of title 10, United States Code, the Assistant Secretary
shall weigh the relative risk or other factors between Installation
Restoration Program sites and Military Munitions Response Pro-
gram sites.
(b) TARGET GOAL FOR MILITARY MUNITIONS RESPONSE PRO-
GRAM.—The Assistant Secretary of Defense for Energy, Installa-
tions, and Environment shall establish a target goal for the comple-
tion of the cleanup of all Military Munitions Response Program
sites.
SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT
ON MILITARY INSTALLATIONS.
(a) INSTALLATION ANALYSIS.—Each Secretary of a military
department shall conduct an analysis of the military installations
under the jurisdiction of that Secretary to assess the extent to
which heat islands affect readiness, infrastructure service life, and
utilities costs. Each such analysis shall contain each of the following:
(1) An analysis of how heat islands exacerbate summer
heat conditions and necessitate the increased use of air condi-
tioning on the installations, including an estimate of the cost
of such increased usage with respect to both utilities costs
and shortened service life of air conditioning units.
(2) An assessment of any readiness effects related to heat
islands, including the loss of training hours due to black flag
conditions, and the corresponding cost of such effects.
(b) PLAN.—Based on the results of the analyses conducted under
subsection (a), the Secretaries of the military departments shall
jointly—
(1) develop a plan for mitigating the effects of heat islands
at the most severely affected installations, including by
increasing tree coverage, installing cool roofs or green roofs,
and painting asphalt; and
(2) promulgate best practices enterprise-wide for cost avoid-
ance and reduction of the effects of heat islands.
(c) BRIEFING.—Not later than September 30, 2024, the Secre-
taries of the military departments shall jointly provide to the
congressional defense committees a briefing on—
(1) the findings of each analysis conducted under subsection
(a);
(2) the plan developed under subsection (b); and
(3) such other matters as the Secretaries determine appro-
priate.
(d) HEAT ISLAND DEFINED.—The term ‘‘heat island’’ means an
area with a high concentration of structures (such as building,
roads, and other infrastructure) that absorb and re-emit the sun’s
heat more than natural landscapes such as forests or bodies of
water.
SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE
FLEET OF DEPARTMENT OF DEFENSE WITH ELECTRIC
VEHICLES, ADVANCED-BIOFUEL-POWERED VEHICLES, OR
HYDROGEN-POWERED VEHICLES.
(a) IN GENERAL.—Until the date on which the Secretary of
Defense submits to the Committees on Armed Services of the House
of Representatives and the Senate the report described in subsection
(b), the Secretary may not enter into an indefinite delivery-indefinite
quantity delivery order contract to procure and replace the existing
H. R. 7776—126
non-tactical vehicle fleet of the Department of Defense with electric
vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered
vehicles.
(b) ELEMENTS.—The report described in this subsection shall
include the following:
(1) A cost estimate for the procurement by the Secretary
of Defense, or through contract mechanisms used by the Depart-
ment (such as energy savings performance contracts), of electric
non-tactical vehicles to replace the existing non-tactical vehicle
fleet of the Department, which shall include—
(A) an estimated cost per unit and number of units
to be procured of each type of electric non-tactical vehicle
(such as trucks, buses, and vans);
(B) the cost associated with building the required infra-
structure to support electric non-tactical vehicles, including
charging stations and electric grid requirements;
(C) a lifecycle cost comparison between electric vehicles
and combustion engine vehicles of each type (such as an
electric truck versus a conventional truck);
(D) maintenance requirements of electric vehicles com-
pared to combustion engine vehicles; and
(E) for each military department, a cost comparison
over periods of three, five, and 10 years of pursuing an
electric non-tactical vehicle fleet versus continuing with
combustion engine non-tactical vehicles.
(2) An assessment of the current and projected supply
chain shortfalls, including critical minerals, for electric vehicles
and combustion engine vehicles.
(3) An assessment of the security risks associated with
data collection conducted with respect to electric vehicles,
combustion engine vehicles, and the related computer systems
for each.
(4) An assessment of the current range requirements for
electric vehicles compared to combustion engine vehicles and
the average life of vehicles of the Department necessary to
maintain current readiness requirements of the Department.
(5) An identification of components for electric non-tactical
vehicles, advanced-biofuel-powered vehicles, hydrogen-powered
vehicles, and combustion engine vehicles that are currently
being sourced from the People’s Republic of China.
(6) An assessment of the mid- and long-term costs and
benefits to the Department of falling behind industry trends
related to the adoption of alternative fuel vehicles including
electric vehicles, hydrogen-powered vehicles, and advanced-
biofuel-powered vehicles.
(7) An assessment of the long-term availability to the
Department of internal combustion engines and spare parts
for such engines, including whether or not such engines and
spare parts will be manufactured in the United States or repair-
able with parts made in the United States and labor in the
United States.
(8) An assessment of the relative risks associated with
parking and storing electric vehicles, hydrogen-powered
vehicles, advanced-biofuel-powered vehicles, and combustion
engine vehicles inside parking structures, including fire risk
and water damage.
H. R. 7776—127
(c) ADDITIONAL PROHIBITION.—None of the funds authorized
to be appropriated by this Act or otherwise made available for
the Department of Defense may be obligated or expended to procure
non-tactical vehicles that are electric vehicles, advanced-biofuel-
powered vehicles, or hydrogen-powered vehicles, or any components
or spare parts associated with such vehicles, that are not in compli-
ance with subpart 22.15 of the Federal Acquisition Regulation (or
any successor regulations).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘advanced-biofuel-powered vehicle’’ includes
a vehicle that uses a fuel described in section 9001(3)(A) of
the Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
(2) The term ‘‘charging station’’ means a parking space
with electric vehicle supply equipment that supplies electric
energy for the recharging of electric vehicles with at least
a level two charger.
(3) The term ‘‘electric grid requirements’’ means the power
grid and infrastructure requirements needed to support plug-
in electric vehicles and vehicle-to-grid requirements.
(4) The term ‘‘electric non-tactical vehicle’’ means a non-
tactical vehicle that is an electric vehicle.
(5) The terms ‘‘electric vehicle’’ includes—
(A) a plug-in hybrid electric vehicle that uses a com-
bination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on elec-
tricity and does not contain an internal combustion engine
or gas tank.
(6) The term ‘‘hydrogen-powered vehicle’’ means a vehicle
that uses hydrogen as the main source of motive power, either
through a fuel cell or internal combustion.
(7) The term ‘‘non-tactical vehicle’’ means a vehicle other
than a tactical vehicle.
(8) The term ‘‘tactical vehicle’’ means a motor vehicle
designed to military specification, or a commercial design motor
vehicle modified to military specification, to provide direct
transportation support of combat or tactical operations, or for
the training of personnel for such operations.
Subtitle C—Red Hill Bulk Fuel Storage
Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.
(a) DEADLINE FOR COMPLETION OF DEFUELING.—
(1) IN GENERAL.—The Secretary of Defense shall complete
the defueling of the Red Hill Bulk Fuel Storage Facility in
a safe and expeditious manner by a deadline that is approved
by the State of Hawaii Department of Health.
(2) REPORT.—Not later than 30 days after the date of
the enactment of this Act, and quarterly thereafter until the
completion of the defueling of the Red Hill Bulk Fuel Storage
Facility, the Secretary of Defense shall submit to the congres-
sional defense committees, and make publicly available on an
appropriate website of the Department of Defense, a report
on the status of such defueling.
H. R. 7776—128
(b) PLANNING AND IMPLEMENTATION OF DEFUELING.—The Sec-
retary of Defense shall plan for and implement the defueling of
the Red Hill Bulk Fuel Storage Facility in consultation with the
Administrator of the Environmental Protection Agency and the
State of Hawaii Department of Health.
(c) NOTIFICATION REQUIREMENT.—The Secretary of Defense may
not begin the process of defueling the Red Hill Bulk Storage Facility
until the date on which the Secretary submits to the congressional
defense committees a notification that such defueling would not
adversely affect the ability of the Department of Defense to provide
fuel to support military operations in the area of responsibility
of the United States Indo-Pacific Command.
SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND STORAGE
TANK SYSTEM AT RED HILL BULK FUEL STORAGE
FACILITY.
(a) AUTHORIZATION.—The Secretary of Defense may close the
underground storage tank system at the Red Hill Bulk Fuel Storage
Facility of the Department of Defense located in Hawaii (in this
section referred to as the ‘‘Facility’’).
(b) PLAN FOR FACILITY CLOSURE AND POST-CLOSURE CARE.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate a plan for—
(A) the closure of the Facility, along with a report
on the cost projections for such closure;
(B) monitoring of the Facility following closure;
(C) corrective actions to mitigate fuel releases of
groundwater at the Facility, including resources necessary
for the Secretary of the Navy to conduct such actions
at the Facility;
(D) coordination and communication with applicable
Federal and State regulatory authorities, and surrounding
communities, on release response and remediation activi-
ties conducted by the Secretary of the Navy at the Facility;
(E) improvements to processes, procedures, organiza-
tion, training, leadership, education, facilities, and policy
of the Department of Defense related to best practices
for the remediation and closure of the Facility; and
(F) measures to ensure that future strategic level
assets of the Department of Defense are properly main-
tained and critical environmental assets are protected.
(2) PREPARATION OF PLAN.—The Secretary of the Navy shall
prepare the plan required under paragraph (1) in consultation
with the following:
(A) The Environmental Protection Agency.
(B) The Hawaii Department of Health.
(C) The United States Geological Survey.
(D) Any other relevant Federal or State agencies the
Secretary considers appropriate.
(c) IDENTIFICATION OF POINT OF CONTACT AT DEPARTMENT OF
DEFENSE.—Not later than 60 days after the date of the enactment
of this Act, to ensure clear and consistent communication relating
to defueling, closure, and release response, the Secretary of Defense
shall identify a single point of contact within the Office of the
H. R. 7776—129
Secretary of Defense to oversee and communicate with the public
and Members of Congress regarding the status of the Facility.
(d) WATER MONITORING BRIEFING.—Not later than 60 days
after the date of the enactment of this Act, the Secretary of the
Navy shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the status
of the ground water monitoring program—
(1) to monitor movement of the fuel plume in the aquifer
surrounding the Facility;
(2) to monitor long-term impacts to such aquifer and local
water bodies resulting from fuel releases from the Facility;
and
(3) to coordinate with the Agency for Toxic Substances
and Disease Registry of the Department of Health and Human
Services as the Agency conducts a follow up to the previously
conducted voluntary survey of individuals and entities poten-
tially impacted by fuel releases from the Facility.
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE TO
UNITED STATES INDO-PACIFIC COMMAND.
(a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for
the Office of the Secretary of Defense for administration and service-
wide activities, not more than 90 percent may be obligated or
expended until the Secretary of Defense submits to the congres-
sional defense committees a report that includes the following ele-
ments:
(1) The bulk fuel requirements of the United States Indo-
Pacific Command associated with the operational plans of the
command that involve the most stress on bulk fuel,
disaggregated by theater component commander, as such term
is defined in section 1513 of title 10, United States Code,
implementing the requirement.
(2) The hardening requirements of the United States Indo-
Pacific Command associated with the distribution of bulk fuel
to support the proposed force laydown in the area of responsi-
bility of such command.
(3) A bulk fuels connector strategy to reposition fuels within
the area of responsibility of such command, which shall include
a specific assessment of the following:
(A) The overall bulk fuel requirements for the force
structure of the surface fleet tankers of the Navy and
any specific requirements associated with the proposed
force laydown specified in paragraph (2).
(B) The intra-theater connector strategy of the Depart-
ment of Defense to logistically support theater-specific bulk
fuel requirements.
(C) The bulk fuel requirements for light amphibious
warfare ships.
(4) An identification of the funding mechanisms used, or
proposed to be used, to meet each of the requirements specified
in paragraphs (1) through (3), including programmed and
unfunded requirements, and a description of any additional
staffing or resources necessary to meet such requirements.
(5) A risk assessment of the potential risk associated with
the denial of access to bulk fuel storage facilities located in
foreign countries, including a specific assessment of clauses
H. R. 7776—130
in contracts entered into by the Director of the Defense Logistics
Agency that provide for surety of access to such storage facili-
ties, taking into account the insurance sought with respect
to such surety and the anticipated penalties for failing to pro-
vide such surety.
(b) INCLUSION IN SEPARATE REPORTS.—An element listed in
paragraphs (1) through (5) of subsection (a) shall be deemed to
be included in the report under subsection (a) if included in a
separate report submitted to the congressional defense committees
on or before the date of the submission of the report under such
subsection.
(c) FORM.—The report under subsection (a) shall be submitted
in an unclassified and publicly releasable form, but may contain
a classified annex.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROX-
IMITY TO RED HILL BULK FUEL STORAGE FACILITY.
(a) IN GENERAL.—Not later than April 1, 2023, the Secretary
of the Navy, in coordination with the Director of the United States
Geological Survey and the Administrator of the Environmental
Protection Agency, shall submit to the congressional defense
committees a report on the placement of sentinel or monitoring
wells in proximity to the Red Hill Bulk Fuel Storage Facility for
the purpose of monitoring and tracking the movement of fuel that
has escaped the Facility. Such report shall include—
(1) the number and location of new wells that have been
established during the 12-month period preceding the date
of the submission of the report;
(2) an identification of any new wells proposed to be estab-
lished;
(3) an analysis of the need for any other wells;
(4) the proposed number and location of any such additional
wells; and
(5) the priority level of each proposed well based on—
(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist in moni-
toring and tracking the movement of fuel toward the
Halawa shaft, the Halawa Well, and the Aiea Well.
(b) QUARTERLY BRIEFINGS.—Not later than 30 days after the
submission of the report under subsection (a), and every 90 days
thereafter for 12 months, the Secretary of the Navy shall provide
to the congressional defense committees a briefing on the progress
of the Department of the Navy toward installing the wells described
in paragraphs (2) and (3) of subsection (a).
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE ARMED
FORCES ON OAHU.
(a) STUDY ON FUTURE WATER NEEDS OF OAHU.—
(1) IN GENERAL.—Not later than July 31, 2023, the Sec-
retary of Defense shall conduct a study on how the Department
of Defense may best address the future water needs of the
Armed Forces on the island of Oahu. Such study shall include
consideration of—
(A) the construction of a new water treatment plant
or plants;
(B) the construction of a new well for use by members
of the Armed Forces and the civilian population;
H. R. 7776—131
(C) the construction of a new well for the exclusive
use of members of the Armed Forces;
(D) transferring ownership and operation of existing
Department of Defense utilities to a municipality or
existing publicly owned utility;
(E) conveying certain Navy utilities to the Honolulu
Board of Water Supply; and
(F) any other water solutions the Secretary of Defense
determines appropriate.
(2) CONSULTATION.—In carrying out the study under para-
graph (1), the Secretary of Defense shall consult with the
Administrator of the Environmental Protection Agency, the
State of Hawaii, the Honolulu Board of Water Supply, and
any other entity the Secretary of Defense determines appro-
priate.
(3) REPORT; BRIEFING.—Upon completion of the study under
paragraph (1), the Secretary of Defense shall—
(A) submit to the appropriate congressional committees
a report on the findings of the study; and
(B) provide to the appropriate congressional commit-
tees a briefing on such findings.
(b) HYDROLOGICAL STUDIES.—
(1) GROUNDWATER FLOW MODEL STUDY.—Not later than
July 31, 2023, the Secretary of the Navy, in consultation with
the Administrator of the Environmental Protection Agency, the
Director of the United States Geological Survey, and the State
of Hawaii, shall commence the conduct of a new study, or
continue an existing study, to further refine the modeling of
groundwater flow in the area surrounding the Red Hill Bulk
Fuel Storage Facility. Such study shall be designed to—
(A) seek to improve the understanding of the direction
and rate of groundwater flow and dissolved fuel migration
within the aquifers in the area surrounding the facility;
(B) reflect site-specific data, including available data
of the heterogeneous subsurface geologic system of such
area; and
(C) address previously identified deficiencies in existing
groundwater flow models.
(2) DEADLINES FOR COMPLETION.—
(A) GROUNDWATER FLOW MODEL STUDY.—The study
under paragraph (1) shall be completed by not later than
one year after the date of the enactment of this Act.
(B) SUBSEQUENT STUDY.—Not later than one year after
the date on which the study under paragraph (1) is com-
pleted, the Secretary of the Navy shall complete a subse-
quent study to model contaminant fate and transport in
the area surrounding the Red Hill Bulk Fuel Storage
Facility.
(3) REPORTS; BRIEFINGS.—Upon completion of a study under
this subsection, the Secretary of the Navy shall—
(A) submit to the congressional defense committees
a report on the findings of the study; and
(B) provide to the congressional defense committees
a briefing on such findings.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
H. R. 7776—132
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House
of Representatives.
(3) The Committee on Environment and Public Works of
the Senate.
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL
STORAGE FACILITY.
(a) STUDY REQUIRED.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with a federally funded
research and development center that meets the criteria speci-
fied in paragraph (2) under which such center will conduct
a study to determine the range of feasible alternative Depart-
ment of Defense uses for the Red Hill Bulk Fuel Storage Facility
and provide to the Secretary a report on the findings of the
study. The conduct of such study shall include—
(A) engagement with stakeholders;
(B) a review of historical alternative uses of facilities
with similar characteristics; and
(C) such other modalities as determined necessary to
appropriately identify alternative use options, including
data and information collected from various stakeholders
and through site visits to physically inspect the facility.
(2) CRITERIA FOR FFRDC.—The federally funded research
and development center with which the Secretary seeks to
enter into an agreement under paragraph (1) shall meet the
following criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and analysis using
a multidisciplinary approach.
(C) Demonstrated specific competencies in—
(i) life cycle cost-benefit analysis;
(ii) military facilities and how such facilities sup-
port missions; and
(iii) the measurement of environmental impacts.
(D) A strong reputation for publishing publicly releas-
able analysis to inform public debate.
(b) COST-BENEFIT ANALYSIS.—An agreement entered into pursu-
ant to subsection (a) shall specify that the study conducted under
the agreement will include a cost-benefit analysis of the feasible
Department of Defense alternative uses considered under the study.
Such cost-benefit analysis shall cover each of the following for
each such alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and mainte-
nance costs of operating the facility, such as annual operating
costs, predicted maintenance costs, and any disposal costs at
the end of the useful life of the facility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, including
any potential employment opportunities for members of the
community.
(5) A determination of environmental impact analysis
requirements.
(6) The effects of the use on future mitigation efforts.
H. R. 7776—133
(7) Any additional factors determined to be relevant by
the federally funded research and development center in con-
sultation with the Secretary.
(c) DEADLINE FOR COMPLETION.—An agreement entered into
pursuant to subsection (a) shall specify that the study conducted
under the agreement shall be completed by not later than February
1, 2024.
(d) BRIEFING.—Upon completion of a study conducted under
an agreement entered into pursuant to subsection (a), the Secretary
shall provide to the Committees on Armed Services of the Senate
and House of Representatives a briefing on the findings of the
study.
(e) PUBLIC AVAILABILITY.—
(1) FFRDC.—An agreement entered into pursuant to sub-
section (a) shall specify that the federally funded research
and development center shall make an unclassified version
of the report provided to the Secretary publicly available on
an appropriate website of the center.
(2) DEPARTMENT OF DEFENSE.—Upon receipt of such report,
the Secretary shall make an unclassified version of the report
publicly available on an appropriate website of the Department
of Defense.
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS TO
TRACK HEALTH IMPLICATIONS OF FUEL LEAKS AT RED
HILL BULK FUEL STORAGE FACILITY.
(a) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of Health and Human Services, shall provide
to the congressional defense committees a briefing on the efforts
of the Secretary of Defense to appropriately track the health
implications of fuel leaks at the Red Hill Bulk Fuel Storage Facility
for members of the Armed Forces and dependents thereof, including
members of each Armed Force and dependents thereof. The briefing
shall include each of the following:
(1) A plan to coordinate with the Director of the Centers
for Disease Control and Prevention to align such efforts with
the public health assessment and monitoring efforts of the
Director.
(2) A description of any potential benefits of coordinating
and sharing data with the State of Hawaii Department of
Health.
(3) An analysis of the extent to which data from the State
of Hawaii Department of Health and data from other non-
Department of Defense sources can and should be used in
any long-term health study relating to fuel leaks at the Red
Hill Bulk Fuel Storage Facility.
(4) A description of the potential health implications of
contaminants, including fuel, detected in the drinking water
distribution system at the Red Hill Bulk Fuel Storage Facility
during testing after the fuel leaks at such facility that occurred
in May and November 2021, respectively.
(5) A description of any contaminants, including fuel,
detected in the water supply at the Red Hill Bulk Fuel Storage
Facility during the 12-month period preceding the fuel leak
at such facility that occurred in November 2021.
H. R. 7776—134
(6) A description of any potential benefits of broadening
the tracing window to include indications of contaminants,
including fuel, in the drinking water supply at the Red Hill
Bulk Fuel Storage Facility prior to May 2021.
(b) ARMED FORCES DEFINED.—In this section, the term ‘‘Armed
Forces’’ has the meaning given that term in section 101 of title
10, United States Code.
Subtitle D—Treatment of Perfluoroalkyl
Substances and Polyfluoroalkyl Sub-
stances
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.
(a) PUBLICATION OF INFORMATION.—
(1) IN GENERAL.—Beginning not later than 180 days after
the date of the enactment of this Act, Secretary of Defense
shall publish on the publicly available website established
under section 331(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701
note) timely and regularly updated information on the research
efforts of the Department of Defense relating to perfluoroalkyl
substances or polyfluoroalkyl substances, which shall include
the following:
(A) A description of any research collaboration or data
sharing by the Department with the Department of Vet-
erans Affairs, the Agency for Toxic Substances and Disease
Registry, or any other agency (as defined in section 551
of title 5, United States Code), State, academic institution,
nongovernmental organization, or other entity.
(B) Regularly updated information on research projects
supported or conducted by the Department of Defense per-
taining to the development, testing, and evaluation of a
fluorine-free firefighting foam or any other alternative to
aqueous film forming foam that contains perfluoroalkyl
substances or polyfluoroalkyl substances, excluding any
proprietary information that is business confidential.
(C) Regularly updated information on research projects
supported or conducted by the Department pertaining to
the health effects of perfluoroalkyl substances or
polyfluoroalkyl substances, including information relating
to the impact of such substances on firefighters, veterans,
and military families, and excluding any personally identifi-
able information.
(D) Regularly updated information on research projects
supported or conducted by the Department pertaining to
treatment options for drinking water, surface water, ground
water, and the safe disposal of perfluoroalkyl substances
or polyfluoroalkyl substances.
(E) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl substances or polyfluoroalkyl substances
that are supported or conducted by the Department.
H. R. 7776—135
(F) Such other matters as may be relevant to ongoing
research projects supported or conducted by the Depart-
ment to address the use of perfluoroalkyl substances or
polyfluoroalkyl substances and the health effects of the
use of such substances.
(2) FORMAT.—The information published under paragraph
(1) shall be made available in a downloadable, machine-read-
able, open, and user-friendly format.
(3) DEFINITIONS.—In this subsection:
(A) The term ‘‘military installation’’ includes active,
inactive, and former military installations.
(B) The term ‘‘perfluoroalkyl substance’’ means a man-
made chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(C) The term ‘‘polyfluoroalkyl substance’’ means a man-
made chemical containing a mix of fully fluorinated carbon
atoms, partially fluorinated carbon atoms, and
nonfluorinated carbon atoms.
(b) INCLUSION OF RESEARCH DUTIES IN PERFLUOROALKYL SUB-
STANCES AND POLYFLUOROALKYL SUBSTANCES TASK FORCE.—Section
2714(e) of title 10, United States Code, is amended by adding
at the end the following new paragraphs:
‘‘(5) Supporting research efforts relating to perfluoroalkyl
substances or polyfluoroalkyl substances.
‘‘(6) Establishing practices to ensure the timely and com-
plete dissemination of research findings and related data
relating to perfluoroalkyl substances or polyfluoroalkyl sub-
stances to the general public.’’.
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF
STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF
PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINA-
TION IN DRINKING WATER BY AGENCY FOR TOXIC SUB-
STANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as
amended by section 315(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1713), section 321 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), section
337 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134
Stat. 3533), and section 342 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1643),
is further amended—
(1) in clause (ii), by striking ‘‘2023’’ and inserting ‘‘2022’’;
and
(2) by adding at the end the following new clause:
‘‘(iii) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not
more than $20,000,000 during fiscal year 2023 to the Sec-
retary of Health and Human Services to pay for the study
and assessment required by this section.’’.
H. R. 7776—136
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING
TURNOUT GEAR.
Section 330 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 134 Stat. 3528; 10 U.S.C. 2661
note prec.) is amended—
(1) in subsection (a)—
(A) by striking ‘‘of a non-PFAS-containing’’ and
inserting ‘‘of the following:’’
‘‘(1) A non-PFAS-containing’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) Covered personal protective firefighting equipment that
does not contain an intentionally added perfluoroalkyl sub-
stance or polyfluoroalkyl substance.’’; and
(2) by amending subsection (f) to read as follows:
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘perfluoroalkyl substance’ means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
‘‘(2) The term ‘polyfluoroalkyl substance’ means a man-
made chemical containing at least one fully fluorinated carbon
atom and at least one non-fully fluorinated carbon atom.
‘‘(3) The term ‘covered personal protective firefighting
equipment’’ means the following:
‘‘(A) Turnout gear jacket or coat.
‘‘(B) Turnout gear pants.
‘‘(C) Turnout coveralls.
‘‘(D) Any other personal protective firefighting equip-
ment, as determined by the Secretary of Defense, in con-
sultation with the Administrator of the United States Fire
Administration.’’.
SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS
OF TESTING FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES ON PRIVATE PROPERTY.
Section 345(a)(2) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note)
is amended by inserting ‘‘personally identifiable information in
connection with’’ after ‘‘publicly disclose’’.
SEC. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY
DEPARTMENT OF DEFENSE OF TURNOUT GEAR FOR FIRE-
FIGHTERS CONTAINING PERFLUOROALKYL SUBSTANCES
OR POLYFLUOROALKYL SUBSTANCES.
(a) PROHIBITION ON PROCUREMENT AND PURCHASING.—Subject
to subsection (d), beginning on October 1, 2026, the Secretary of
Defense may not enter into a contract to procure or purchase
covered personal protective firefighting equipment for use by Fed-
eral or civilian firefighters if such equipment contains an inten-
tionally added perfluoroalkyl substance or polyfluoroalkyl sub-
stance.
(b) IMPLEMENTATION.—
(1) INCLUSION IN CONTRACTS.—The Secretary of Defense
shall include the prohibition under subsection (a) in any con-
tract entered into by the Department of Defense to procure
covered personal protective firefighting equipment for use by
Federal or civilian firefighters.
H. R. 7776—137
(2) NO OBLIGATION TO TEST.—In carrying out the prohibi-
tion under subsection (a), the Secretary shall not have an
obligation to test covered personal protective firefighting equip-
ment to confirm the absence of perfluoroalkyl substances or
polyfluoroalkyl substances.
(c) EXISTING INVENTORY.—Nothing in this section shall impact
existing inventories of covered personal protective firefighting equip-
ment.
(d) AVAILABILITY OF ALTERNATIVES.—
(1) IN GENERAL.—The requirement under subsection (a)
shall be subject to the availability of sufficiently protective
covered personal protective firefighting equipment that does
not contain intentionally added perfluoroalkyl substances or
polyfluoroalkyl substances.
(2) EXTENSION OF EFFECTIVE DATE.—If the Secretary of
Defense determines that no sufficiently protective covered per-
sonal protective firefighting equipment that does not contain
intentionally added perfluoroalkyl substances or polyfluoroalkyl
substances is available, the deadline under subsection (a) shall
be extended until the Secretary determines that such covered
personal protective firefighting equipment is available.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered personal protective firefighting equip-
ment’’ means—
(A) any product that provides protection to the upper
and lower torso, arms, legs, head, hands, and feet; or
(B) any other personal protective firefighting equip-
ment, as determined by the Secretary of Defense.
(2) The term ‘‘perfluoroalkyl substance’’ means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ‘‘polyfluoroalkyl substance’’ means a man-
made chemical containing at least one fully fluorinated carbon
atom and at least one non-fully fluorinated carbon atom.
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CERTAIN
MILITARY INSTALLATIONS FROM SOURCES OTHER THAN
AQUEOUS FILM-FORMING FOAM.
Not later than one year after the date of the enactment of
this Act, and annually thereafter for the following four years, the
Under Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report on any
known or suspected contamination on or around military installa-
tions located in the United States resulting from the release of
any perfluoroalkyl substance or polyfluoroalkyl substance origi-
nating from a source other than aqueous film-forming foam.
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DEPART-
MENT OF DEFENSE PROCUREMENT OF CERTAIN ITEMS
CONTAINING PFOS OR PFOA.
(a) IDENTIFICATION OF CRITICAL USES.—Not later than June
1, 2023, the Secretary of Defense, in consultation with the Defense
Critical Supply Chain Task Force and the Chemical and Material
Risk Management Program of the Department of Defense, shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report outlining the uses of
perfluoroalkyl substances and polyfluoroalkyl substances that are
H. R. 7776—138
critical to the national security of the United States, with a focus
on such critical uses in—
(1) the sectors outlined in the February 2022 report of
the Department of Defense titled ‘‘Securing Defense-Critical
Supply Chains’’; and
(2) sectors of strategic importance for domestic production
and investment to build supply chain resilience, including
kinetic capabilities, energy storage and batteries, and microelec-
tronics and semiconductors.
(b) ANNUAL BRIEFINGS.—Not later than 270 days after the
date of the enactment of this Act, and annually thereafter, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing
that includes a description of each of the following:
(1) Steps taken to identify covered items procured by the
Department of Defense that contain perfluorooctane sulfonate
(PFOS) or perfluorooctanoic acid (PFOA).
(2) Steps taken to identify products and vendors of covered
items that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the Department
of covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the procure-
ment of covered items that contain PFOS or PFOA.
(c) COVERED ITEM DEFINED.—In this section, the term ‘‘covered
item’’ means—
(1) nonstick cookware or cooking utensils for use in galleys
or dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
Subtitle E—Logistics and Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL READI-
NESS METRICS AND OBJECTIVES FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) IN GENERAL.—Section 118 of title 10, United States Code,
is amended:
(1) in subsection (d)(2), by striking ‘‘objectives’’ and
inserting ‘‘objectives, such as infrastructure, workforce, or
supply chain considerations’’;
(2) redesignating subsection (e) as subsection (f); and
(3) inserting after subsection (d) the following new sub-
section (e):
‘‘(e) FUNDING ESTIMATES.—Not later than five days after the
date on which the Secretary of Defense submits to Congress the
materials in support of the budget of the President for a fiscal
year, the Director of Cost Assessment and Performance Evaluation
shall submit to the congressional defense committees a comprehen-
sive estimate of the funds necessary to meet the materiel readiness
objectives required by subsection (c) through the period covered
by the most recent future-years defense program. At a minimum,
the Director shall provide, for each major weapon system, by des-
ignated mission design series, variant, or class, a comprehensive
estimate of the funds necessary to meet such objectives that—
H. R. 7776—139
‘‘(1) have been obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year;
‘‘(2) the Director estimates will have been obligated by
subactivity group within the operation and maintenance
accounts by the end of the fiscal year preceding the budget
year; and
‘‘(3) have been budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group.’’.
(b) PHASED IMPLEMENTATION.—The Director of Cost Assessment
and Performance Evaluation may meet the requirements of sub-
section (e) of section 118 of title 10, United States Code, as added
by subsection (a), through a phased submission of the funding
estimates required under such subsection. In conducting a phased
implementation, the Director shall ensure that—
(1) for the budget request for fiscal year 2024, funding
estimates are provided for a representative sample by military
department of at least one-third of the major weapon systems;
(2) for the budget request for fiscal year 2025, funding
estimates are provided for an additional one-third of the major
weapon systems; and
(3) full implementation for all major weapons systems is
completed not later than five days after the date on which
the Secretary of Defense submits to Congress the materials
in support of the budget of the President for fiscal year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION
OF NAVAL VESSELS.
(a) ANNUAL PLAN.—Section 231 of title 10, United States Code,
is amended—
(1) in the heading, by inserting ‘‘, maintenance, and
modernization’’ after ‘‘construction’’;
(2) by redesignating subsections (d) through (f) as sub-
sections (e) through (g), respectively;
(3) by inserting after subsection (c) the following new sub-
section:
‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF
NAVAL VESSELS.—In addition to the plan included under subsection
(a)(1), the Secretary of Defense shall include with the defense
budget materials for a fiscal year each of the following:
‘‘(1) A plan for the maintenance and modernization of naval
vessels that includes the following:
‘‘(A) A forecast of the maintenance and modernization
requirements for both the naval vessels in the inventory
of the Navy and the vessels required to be delivered under
the naval vessel construction plan under subsection (a)(1).
‘‘(B) A description of the initiatives of the Secretary
of the Navy to ensure that activities key to facilitating
the maintenance and modernization of naval vessels
(including with respect to increasing workforce and indus-
trial base capability and capacity, shipyard level-loading,
and facility improvements) receive sufficient resourcing,
and are including in appropriate planning, to facilitate
the requirements specified in subparagraph (A).
H. R. 7776—140
‘‘(2) A certification by the Secretary that both the budget
for that fiscal year and the future-years defense program sub-
mitted to Congress in relation to such budget under section
221 of this title provide for funding for the maintenance and
modernization of naval vessels at a level that is sufficient
for such maintenance and modernization in accordance with
the plan under paragraph (1).’’; and
(4) in subsection (f), as redesignated by paragraph (2),
by inserting ‘‘ and the plan and certification under subsection
(d)’’ after ‘‘subsection (a)’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 9 of title 10, United States Code, is amended
by striking the item relating to section 231 and inserting the
following new item:
‘‘231. Budgeting for construction, maintenance, and modernization of naval vessels:
annual plan and certification.’’.
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL
ESTIMATES IN READINESS REPORTS.
Section 482(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (11) as paragraph (12);
and
(2) by inserting after paragraph (10) the following new
paragraph:
‘‘(11) A summary of the joint medical estimate under section
732(b)(1) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817)
prepared by the Joint Staff Surgeon, with a mitigation plan
to correct any readiness problem or deficiency and the timeline,
cost, and any legislative action required to correct any such
problem or deficiency.’’.
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITA-
TION FOR RELIEF EFFORTS FOLLOWING MAJOR DISAS-
TERS OR EMERGENCIES.
Section 2208(l)(3) of title 10, United States Code, is amended—
(1) by striking ‘‘The total’’ and inserting ‘‘(A) Except as
provided in subparagraph (B), the total’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) The dollar limitation under subparagraph (A) shall not
apply with respect to advance billing for relief efforts following
a declaration of a major disaster or emergency under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).’’.
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME
LIMITATIONS ON DURATION OF PUBLIC-PRIVATE COM-
PETITIONS.
Section 322(c) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2252) is repealed.
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL REC-
OMMENDATIONS REGARDING SHIPYARD INFRASTRUC-
TURE OPTIMIZATION PLAN OF THE NAVY.
(a) IN GENERAL.—Not later than March 1, 2023, the Secretary
of the Navy shall—
(1) develop metrics for assessing progress of the Secretary
toward improved shipyard capacity and performance in carrying
H. R. 7776—141
out the Shipyard Infrastructure Optimization Plan of the Navy,
including by measuring the effectiveness of capital investments;
(2) ensure that the shipyard optimization program office
of the Navy—
(A) includes all costs, such as inflation, program office
activities, utilities, roads, environmental remediation, his-
toric preservation, and alternative workspace when devel-
oping a detailed cost estimate; and
(B) uses cost estimating best practices in developing
a detailed cost estimate, including—
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and key
assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and uncertainty; and
(vi) a sensitivity analysis; and
(3) obtain independent cost estimates for projects under
the shipyard optimization program that are estimated to exceed
$250,000,000, to validate the cost estimates of the Navy devel-
oped for such projects pursuant to paragraph (2) and inform
the prioritization of projects under such program.
(b) BRIEFING.—If the Secretary of the Navy is unable to imple-
ment the requirements under subsection (a) by March 1, 2023,
the Secretary shall brief the Committees on Armed Services of
the Senate and the House of Representatives before such date
on—
(1) the current progress of the Secretary toward imple-
menting those requirements;
(2) any hindrance to implementing those requirements;
and
(3) any additional resources necessary to implement those
requirements.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY
INFORMATION SUPPORT OPERATIONS.
Of the funds authorized to be appropriated by this Act or
otherwise made available for Operation and Maintenance, Defense-
Wide, for military information support operations, not more than
75 percent may be obligated or expended until the Secretary of
Defense submits to the congressional defense committees a plan
for—
(1) appropriately scoping and tailoring messaging activities
to foreign target audiences;
(2) ensuring messages serve a valid military purpose;
(3) effectively managing risk associated with web-based
military information support operations;
(4) maintaining alignment with policies and procedures
of the Department of Defense;
(5) adequately overseeing and approving the work of con-
tractors;
(6) ensuring alignment with policy guidance and procedures
of the Department; and
(7) coordinating activities with the Global Engagement
Center of the Department of State and other relevant non-
Department of Defense entities.
H. R. 7776—142
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY REGARDING
RETENTION RATES FOR NAVY SHIP REPAIR CONTRACTS.
(a) NOTIFICATION.—The Secretary of the Navy may not modify
the general policy of the Department of the Navy regarding reten-
tion rates for contracts for Navy ship repair until a period of
15 days has elapsed following the date on which the Assistant
Secretary of the Navy for Research, Development, and Acquisition
submits to the congressional defense committees a notification that
includes, with respect to such modification, the following informa-
tion:
(1) An identification of any considerations that informed
the decision to so modify.
(2) A description of the desired effect of the modification
on the Navy ship repair industrial base.
(b) TERMINATION.—This section, and the requirements thereof,
shall terminate on September 30, 2025.
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE SHIP-
YARDS IN UNITED STATES AND EFFECT OF THOSE SHIP-
YARDS ON NAVAL FLEET READINESS.
(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Navy shall seek
to enter into an agreement with a nonprofit entity or a federally
funded research and development center to conduct research and
analysis regarding the capacity and capability of private shipyards
in the United States to repair, maintain, and modernize surface
combatants and support ships of the Navy to ensure fleet readiness.
(b) ELEMENTS.—The research and analysis conducted under
subsection (a) shall include the following:
(1) An assessment of the maintenance needs of the Navy
during the five-year period preceding the date of the enactment
of this Act, including the frequency of unplanned maintenance
and the average time it takes to repair ships.
(2) An assessment of the projected maintenance needs of
the Navy during the 10-year period following such date of
enactment.
(3) An assessment of whether current private shipyards
in the United States have the capacity to meet current and
anticipated needs of the Navy to maintain and repair ships,
including whether there are adequate ship repair facilities and
a sufficiently trained workforce.
(4) An identification of barriers limiting the success of
intermediate-level and depot-level maintenance availabilities,
including constraints of adding private depot capacity and capa-
bility.
(5) Recommendations based on the findings of paragraphs
(1) through (4) regarding actions the Secretary of the Navy
can take to ensure there is an industrial base of private ship
repair facilities to meet the needs of the Navy and ensure
fleet readiness, including whether the Secretary should
institute a new force generation model, establish additional
homeport facilities, or establish new hub-type maintenance
facilities.
(c) INPUT FROM PRIVATE SHIPYARDS.—In conducting research
and analysis under subsection (a), the nonprofit entity or federally
funded research and development center with which the Secretary
H. R. 7776—143
of the Navy enters into an agreement under subsection (a) shall
consult with private shipyards regarding—
(1) the fleet maintenance needs of surface combatant and
support ships of the Navy;
(2) private shipyard capacity, including workforce; and
(3) additional investment in private shipyards necessary
to meet the needs of the Navy.
(d) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the nonprofit entity or federally
funded research and development center with which the Sec-
retary of the Navy enters into an agreement under subsection
(a) shall submit to the Secretary a report on the results of
the research and analysis undertaken under such subsection.
(2) SUBMISSION TO CONGRESS.—Not later than 30 days after
the Secretary receives the report under paragraph (1), the
Secretary shall submit to the congressional defense committees
a copy of the report.
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION
LOGISTICS ACROSS UNITED STATES INDO-PACIFIC COM-
MAND.
(a) STUDY.—Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development
center that meets the criteria under subsection (b) to conduct a
study on fuel distribution logistics in the area of responsibility
of the United States Indo-Pacific Command.
(b) CRITERIA FOR FFRDC.—The criteria under this subsection
are the following:
(1) A primary focus on the conduct of studies and analysis.
(2) A demonstrated record of conducting research and anal-
ysis using a multidisciplinary approach.
(3) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(c) IDA STRATEGIC FUEL ASSESSMENT.—In conducting the study
pursuant to a contract under subsection (a), the federally funded
research and development center shall use the results of the July
1, 2020, report of the Institute for Defense Analyses titled
‘‘INDOPACOM Strategic Fuel Assessment’’ as a baseline to inform
its analysis of fuel distribution logistics in the area of responsibility
of the United States Indo-Pacific Command.
(d) ELEMENTS.—A contract under subsection (a) shall provide
that a study conducted under the contract shall include, with respect
to the area of responsibility of the United States Indo-Pacific Com-
mand, the following:
(1) An evaluation of the vulnerabilities associated with
the production, refinement, and distribution of fuel by the
Armed Forces during periods of conflict and in contested logis-
tics environments within the area, including with respect to
the capability of the Armed Forces to sustain operational flights
by aircraft and joint force distributed operations.
(2) An assessment of potential adversary capabilities to
disrupt such fuel distribution in the area through a variety
of means, including financial means, cyber means, and conven-
tional kinetic attacks.
H. R. 7776—144
(3) An assessment of any gaps in the capability or capacity
of inter- or intra-theater fuel distribution, including any gaps
relating to storage, transfer platforms, manning for platforms,
command and control, or fuel handling.
(4) An evaluation of the positioning of defense fuel support
points in the area, including with respect to operational suit-
ability and vulnerability to a variety of kinetic threats.
(5) An assessment of the readiness of allies and partners
of the United States to support the supply, storage, and dis-
tribution of fuel by the Armed Forces in the area, including
a review of any relevant security cooperation agreements
entered into between the United States and such allies and
partners.
(6) An assessment of potential actions to mitigate any
vulnerabilities identified pursuant to the study.
(e) REPORT.—
(1) SUBMISSION TO SECRETARY OF DEFENSE.—
(A) IN GENERAL.—A contract under subsection (a) shall
provide that a study conducted under the contract shall
require that the federally funded research and development
center submit to the Secretary a report containing the
findings of such study.
(B) FORM.—The report under subparagraph (A) shall
be submitted in an unclassified and publicly releasable
form, but may include a classified annex.
(2) SUBMISSION TO CONGRESS.—Not later than 30 days after
the date on which the Secretary receives the report under
paragraph (1)(A), the Secretary shall submit to the appropriate
congressional committees a copy of such report, submitted with-
out change.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the congressional defense committees;
(B) the Committee on Transportation and Infrastruc-
ture of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ‘‘contested logistics environment’’ has the
meaning given such term in section 2926 of title 10, United
States Code.
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ESTABLISH-
MENT OF FUEL DISTRIBUTION POINTS IN UNITED STATES
INDO-PACIFIC COMMAND AREA OF RESPONSIBILITY.
(a) QUARTERLY BRIEFINGS.—On a quarterly basis until the date
that is two years after the date of the enactment of this Act,
the Commander of United States Indo-Pacific Command shall pro-
vide to the congressional defense committees briefings on the use
of the funds described in subsection (c).
(b) CONTENTS OF BRIEFINGS.—Each briefing under subsection
(a) shall include an expenditure plan for the establishment of fuel
distribution points in the area of responsibility of United States
Indo-Pacific Command relating to the defueling and closure of the
Red Hill Bulk Fuel Storage Facility.
(c) FUNDS DESCRIBED.—The funds described in this subsection
are the amounts authorized to be appropriated or otherwise made
H. R. 7776—145
available for fiscal year 2023 for Military Construction, Defense-
wide for Planning and Design for United States Indo-Pacific Com-
mand.
Subtitle F—Matters Relating to Depots and
Ammunition Production Facilities
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION
FACILITY MAINTENANCE AND REPAIR: ANNUAL REPORT.
Chapter 9 of title 10, United States Code, is amended by
adding at the end the following new section (and conforming the
table of sections at the beginning of such chapter accordingly):
‘‘§ 239d. Budgeting for depot and ammunition production
facility maintenance and repair: annual report
‘‘(a) ANNUAL REPORT.—The Secretary of Defense, in coordina-
tion with the Secretaries of the military departments, shall include
with the defense budget materials for each fiscal year a report
regarding the maintenance and repair of covered facilities.
‘‘(b) ELEMENTS.—Each report required under subsection (a)
shall include, at a minimum, the following (disaggregated by mili-
tary department):
‘‘(1) With respect to each of the three fiscal years preceding
the fiscal year covered by the defense budget materials with
which the report is included, revenue data for that fiscal year
for the maintenance, repair, and overhaul workload funded
at all the depots of the military department.
‘‘(2) With respect to the fiscal year covered by the defense
budget materials with which the report is included and each
of the two fiscal years prior, an identification of the following:
‘‘(A) The amount of appropriations budgeted for that
fiscal year for depots, further disaggregated by the type
of appropriation.
‘‘(B) The amount budgeted for that fiscal year for
working-capital fund investments by the Secretary of the
military department for the capital budgets of the covered
depots of the military department, shown in total and
further disaggregated by whether the investment relates
to the efficiency of depot facilities, work environment,
equipment, equipment (non-capital investment program),
or processes.
‘‘(C) The total amount required to be invested by the
Secretary of the military department for that fiscal year
for the capital budgets of covered depots pursuant to section
2476(a) of this title.
‘‘(D) A comparison of the budgeted amount identified
under subparagraph (B) with the total required amount
identified under subparagraph (C).
‘‘(E) For each covered depot of the military department,
of the total required amount identified under subparagraph
(C), the percentage of such amount allocated, or projected
to be allocated, to the covered depot for that fiscal year.
‘‘(3) For each covered facility of the military department,
the following:
‘‘(A) Information on the average facility condition, aver-
age critical facility condition, restoration and maintenance
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project backlog, and average equipment age, including a
description of any changes in such metrics from previous
years.
‘‘(B) Information on the status of the implementation
at the covered facility of the plans and strategies of the
Department of Defense relating to covered facility improve-
ment, including, as applicable, the implementation of the
strategy required under section 359 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–
92; 133 Stat. 1323; 10 U.S.C. 2460 note).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘ammunition production facility’ means an
ammunition organic industrial base production facility.
‘‘(2) The terms ‘budget’ and ‘defense budget materials’ have
the meaning given those terms in section 234 of this title.
‘‘(3) The term ‘covered depot’ has the meaning given that
term in section 2476 of this title.
‘‘(4) The term ‘covered facility’ means a covered depot or
an ammunition production facility.’’.
SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAP-
ITAL FUNDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is amended
by striking ‘‘2023’’ and inserting ‘‘2025’’.
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND
AMMUNITION PRODUCTION FACILITY INFRASTRUCTURE.
Chapter 146 of title 10, United States Code, is amended by
inserting after section 2742 the following new section (and con-
forming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 2473. Annual five-year plans on improvement of depot
infrastructure
‘‘(a) SUBMISSION.—As part of the annual budget submission
of the President under section 1105(a) of title 31, each Secretary
of a military department shall submit to the congressional defense
committees a plan describing the objectives of that Secretary to
improve depot infrastructure during the five fiscal years following
the fiscal year for which such budget is submitted.
‘‘(b) ELEMENTS.—Each plan submitted by a Secretary of a mili-
tary department under subsection (a) shall include the following:
‘‘(1) With respect to the five-year period covered by the
plan, an identification of the major lines of effort, milestones,
and specific goals of the Secretary over such period relating
to the improvement of depot infrastructure and a description
of how such goals support the goals outlined in section
359(b)(1)(B) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1324; 10 U.S.C. 2476
note).
‘‘(2) The estimated costs of necessary depot infrastructure
improvements and a description of how such costs would be
addressed by the Department of Defense budget request sub-
mitted during the same year as the plan and the applicable
future-years defense program.
‘‘(3) Information regarding the plan of the Secretary to
initiate such environmental and engineering studies as may
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be necessary to carry out planned depot infrastructure improve-
ments.
‘‘(4) Detailed information regarding how depot infrastruc-
ture improvement projects will be paced and sequenced to
ensure continuous operations.
‘‘(c) INCORPORATION OF RESULTS-ORIENTED MANAGEMENT PRAC-
TICES.—Each plan under subsection (a) shall incorporate the leading
results-oriented management practices identified in the report of
the Comptroller General of the United States titled ‘Actions Needed
to Improve Poor Conditions of Facilities and Equipment that Affect
Maintenance Timeliness and Efficiency’ (GAO–19–242), or any suc-
cessor report, including—
‘‘(1) analytically based goals;
‘‘(2) results-oriented metrics;
‘‘(3) the identification of required resources, risks, and
stakeholders; and
‘‘(4) regular reporting on progress to decision makers.’’.
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVESTMENT FOR
CERTAIN DEPOTS.
(a) MODIFICATION.—Section 2476 of title 10, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Each fiscal year’’ and inserting ‘‘(1)
Each fiscal year’’;
(B) by striking ‘‘six’’ and inserting ‘‘eight’’; and
(C) by inserting after paragraph (1), as designated
by subparagraph (A), the following new paragraph:
‘‘(2) Of the amount required to be invested in the capital budgets
of the covered depots of a military department under paragraph
(1) for each fiscal year—
‘‘(A) 75 percent shall be used for the modernization or
improvement of the efficiency of depot facilities, equipment,
work environment, or processes in direct support of depot oper-
ations; and
‘‘(B) 25 percent shall be used for the sustainment, restora-
tion, and modernization (as such terms are defined in the
Department of Defense Financial Management Regulation
7000.14–R, or successor regulation) of existing facilities or infra-
structure.’’;
(2) in subsection (b), by striking ‘‘, but does not include
funds spent for sustainment of existing facilities, infrastructure,
or equipment’’;
(3) by redesignating subsections (c) through (e) as sub-
sections (d) through (f);
(4) by inserting after subsection (b) the following new sub-
section:
‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS RELATING TO
PERSONNEL AND TOTAL FORCE MANAGEMENT.—In identifying
amounts to invest pursuant to the requirement under subsection
(a)(1), the Secretary of a military department shall comply with
all applicable requirements of sections 129 and 129a of this title.’’;
and
(5) in subsection (e)(2), as redesignated by paragraph (3),
by adding at the end the following new subparagraph:
‘‘(F) A table enumerating, for the period covered by the
report, the amounts invested to meet the requirement under
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subsection (a)(1), disaggregated by funding source and whether
the amount is allocated pursuant to subparagraph (A) or
subparagraph (B) of subsection (a)(2).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Such section is further amended in sub-
sections (d) and (e), as redesignated by subsection (a)(3), by
striking ‘‘subsection (a)’’ and inserting ‘‘subsection (a)(1)’’ each
place it appears.
(2) ADDITIONAL TECHNICAL AND CONFORMING AMEND-
MENTS.—Section 2861(b) of title 10, United States Code, is
amended—
(A) by striking ‘‘subsection (e) of section 2476’’ and
inserting ‘‘subsection (f) of section 2476’’; and
(B) by striking ‘‘subsection (a) of such section’’ and
inserting ‘‘subsection (a)(1) of such section’’.
(c) APPLICABILITY.—The amendments made by this section shall
apply with respect to fiscal years beginning on or after October
1, 2023.
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL REPORT
ON CORE DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the report required
to be submitted to Congress under section 2464(d) of title 10,
United States Code.
(b) CONFORMING REPEAL.—Section 1061(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2401; 10 U.S.C. 111 note) is amended by striking
paragraph (45).
SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT
ON FUNDS EXPENDED FOR PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE AND REPAIR WORKLOADS.
(a) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the report required
to be submitted to Congress under section 2466(d) of title 10,
United States Code.
(b) CONFORMING REPEAL.—Section 1061(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2401; 10 U.S.C. 111 note) is amended by striking
paragraph (46).
SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD
CARRYOVER OF DEPARTMENT OF THE ARMY.
For purposes of calculating the amount of workload carryover
with respect to the depots and arsenals of the Department of
the Army, the Secretary of Defense shall authorize the Secretary
of the Army to use a calculation for such carryover that applies
a material end of period exclusion.
Subtitle G—Other Matters
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DEFENSE ON
ACTIVITIES OF JOINT SAFETY COUNCIL.
Section 184(k) of title 10, United States Code is amended—
H. R. 7776—149
(1) by striking ‘‘REPORT.—The Chair’’ and inserting
‘‘REPORTS.—(1) The Chair’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Not later than March 31, 2023, and not later than
December 31 of each year thereafter, the Deputy Secretary of
Defense shall submit to the congressional defense committees a
report containing—
‘‘(A) a summary of the goals and priorities of the Deputy
Secretary for the year following the date of the submission
of the report with respect to the activities of the Council;
and
‘‘(B) an assessment by the Deputy Secretary of the activities
of the Council carried out during the year preceding the date
of such submission.’’.
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE CONTRAC-
TORS USING MILITARY WORKING DOGS.
(a) IN GENERAL.—Chapter 50 of title 10, United States Code,
is amended by adding at the end the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 995. Accountability for contractors using military working
dogs
‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CONTRACTORS.—
Each covered contract shall specify that the contractor is required
to submit to the Under Secretary of Defense (Comptroller), on
an annual basis for the duration of the covered contract, a report
containing an identification of—
‘‘(1) the number of military working dogs that are in the
possession of the covered contractor and located outside of
the continental United States in support of a military operation,
if any; and
‘‘(2) the primary location of any such military working
dogs.
‘‘(b) COVERED CONTRACT DEFINED.—In this section the term
‘covered contract’ means a contract that the Secretary of Defense
determines involves military working dogs.’’.
(b) APPLICABILITY.—Section 995 of title 10, United States Code,
as added by subsection (a), shall apply with respect to a contract
entered into on or after the date of the enactment of this Act.
(c) BRIEFING REQUIREMENT.—Not later than March 1, 2023,
and annually thereafter for each of the subsequent three years,
the Secretary of Defense shall provide to the congressional defense
committees a briefing on the implementation of section 995 of
title 10, United States Code, as added by subsection (a).
(d) DEADLINE FOR GUIDANCE.—Not later than 180 days after
the date of the enactment of this Act, the Under Secretary of
Defense (Comptroller) shall issue the guidance on the annual
reporting requirement under section 995 of title 10, United States
Code, as added by subsection (a).
(e) REGULATIONS TO PROHIBIT ABANDONMENT.—Not later than
two years after the date of the enactment of this Act, the Secretary
of Defense shall issue regulations to prohibit the abandonment
of military working dogs used in support of a military operation
outside of the continental United States.
H. R. 7776—150
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY COUNCIL.
Section 184(b)(1) of title 10, United States Code, is amended—
(1) by redesignating subparagraph (D) as subparagraph
(E); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) During periods in which the Coast Guard is not oper-
ating as a service in the Department of the Navy, an officer
of the Coast Guard, appointed by the Secretary of Homeland
Security.’’.
SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIORITIES
NATIONAL GUARD RESPONSIBILITIES IN CONNECTION
WITH NATURAL AND MAN-MADE DISASTERS.
(a) IN GENERAL.—In the report required under section 222a
of title 10, United States Code, for fiscal year 2024, the officer
specified under subsection (b)(7) of such section shall include as
part of the National Guard unfunded priorities described in sub-
section (c)(3) of such section unfunded priorities that relate to
non-Federal National Guard responsibilities in connection with nat-
ural and man-made disasters.
(b) TECHNICAL AMENDMENT.—Section 222a(c)(3) of title 10,
United States Code, is amended by striking ‘‘subsection (b)(6)’’
both places it appears and inserting ‘‘subsection (b)(7)’’.
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD PERSONNEL
ON WILDFIRE PREVENTION AND RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 131 Stat. 1367; 32 U.S.C. 501
note) is amended to read as follows:
‘‘SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE
PREVENTION AND RESPONSE.
‘‘The Secretary of the Army and the Secretary of the Air Force,
in consultation with the Chief of the National Guard Bureau, may
provide support for the training of appropriate personnel of the
National Guard on wildfire prevention and response. In carrying
out this section, the Secretaries—
‘‘(1) shall give a preference to personnel assigned to military
installations with the highest wildfire suppression needs, as
determined by the Secretaries; and
‘‘(2) may consult with the Executive Board of the National
Interagency Fire Center.’’.
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION OF PILOT
PROGRAM ON MILITARY WORKING DOGS AND EXPLOSIVES
DETECTION.
(a) EXTENSION OF PILOT PROGRAM.—Section 381(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1672; 10 U.S.C. 3062 note) is amended
by striking ‘‘2024’’ and inserting ‘‘2025’’.
(b) REVIEW OF RESEARCH EFFORTS OF DEPARTMENT OF DEFENSE
AND DEPARTMENT OF HOMELAND SECURITY.—
(1) REVIEW.—The Secretary of Defense, in coordination with
the Secretary of Homeland Security, shall conduct a review
of the recent and ongoing research, testing, and evaluation
efforts of the Department of Defense and the Department of
H. R. 7776—151
Homeland Security, respectively, regarding explosives detection
working dogs.
(2) MATTERS.—The review under paragraph (1) shall
include an analysis of the following:
(A) Any recent or ongoing research efforts of the
Department of Defense or the Department of Homeland
Security, respectively, relating to explosives detection
working dogs, and any similarities between such efforts.
(B) Any recent or ongoing veterinary research efforts
of the Department of Defense or the Department of Home-
land Security, respectively, relating to working dogs,
canines, or other areas that may be relevant to the improve-
ment of the breeding, health, performance, or training of
explosives detection working dogs.
(C) Any research areas relating to explosives detection
working dogs in which there is a need for ongoing research
but no such ongoing research is being carried out by either
the Secretary of Defense or the Secretary of Homeland
Security, particularly with respect to the health, domestic
breeding, and training of explosives detection working dogs.
(D) How the recent and ongoing research efforts of
the Department of Defense and the Department of Home-
land Security, respectively, may improve the domestic
breeding of working dogs, including explosives detection
working dogs, and the health outcomes and performance
of such domestically bred working dogs, including through
coordination with academic or industry partners with
experience in research relating to working dogs.
(E) Potential opportunities for the Secretary of Defense
to collaborate with the Secretary of Homeland Security
on research relating to explosives detection working dogs.
(F) Any research partners of the Department of
Defense or the Department of Homeland Security, or both,
that may be beneficial in assisting with the research efforts
and areas described in this subsection.
(c) PLAN REQUIRED.—Not later than 180 days of the date of
the enactment of this Act, the Secretary of Defense, in coordination
with the Secretary of Homeland Security, shall submit to the appro-
priate congressional committees a plan for the Secretary of Defense
to collaborate, as appropriate, with the Secretary of Homeland
Security on research relating to explosives detection working dogs
and other relevant matters. Such plan shall include the following:
(1) An analysis of potential opportunities for collaboration
between the Secretary of Defense and the Secretary of Home-
land Security on the research efforts and areas described in
subsection (a)(2).
(2) An identification of specific programs or areas of
research for such collaboration.
(3) An identification of any additional agreements or
authorities necessary for the Secretaries to carry out such
collaboration.
(4) An identification of additional funding necessary to
carry out such collaboration.
(5) An analysis of potential coordination on the research
efforts and areas described in subsection (a)(2) with academic
and industry partners with experience in research relating
to working dogs, including an identification of potential
H. R. 7776—152
opportunities for such coordination in carrying out the
collaboration described in paragraph (1).
(6) A proposed timeline for the Secretary of Defense to
engage in such collaboration, including specific proposed dead-
lines.
(7) A description of how programs carried out pursuant
to this section seek to address the health and welfare issues
identified by the Comptroller General of the United States
in the report titled ‘‘Working Dogs: Federal Agencies Need
to Better Address Health and Welfare’’ published on October
19, 2022 (GAO-23-104489).
(8) Any other matters the Secretary of Defense considers
appropriate.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’ means
the following:
(A) The congressional defense committees.
(B) The Committee on Homeland Security of the House
of Representatives.
(C) The Committee on Homeland Security and Govern-
mental Affairs of the Senate.
(2) The term ‘‘explosives detection working dog’’ means
a canine that, in connection with the work duties of the canine
performed for a Federal department or agency, is certified
and trained to detect odors indicating the presence of explosives
in a given object or area, in addition to the performance of
such other duties for the Federal department or agency as
may be assigned.
SEC. 387. AMENDMENT TO THE SIKES ACT.
(a) USE OF NATURAL FEATURES.—Section 101(a)(3)(A) of the
Sikes Act (16 U.S.C. 670a(a)(3)(A)) is amended—
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(2) by inserting after clause (i) the following:
‘‘(ii) the use of natural and nature-based features to
maintain or improve military installation resilience;’’.
(b) EXPANDING AND MAKING PERMANENT THE PROGRAM FOR
INVASIVE SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS.—
Section 101(g) of the Sikes Act (16 U.S.C. 670a(g)) is amended—
(1) by striking the header and inserting ‘‘PROGRAM FOR
INVASIVE SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS’’;
and
(2) in paragraph (1)—
(A) by striking ‘‘During fiscal years 2009 through 2014,
the’’ and inserting ‘‘The’’; and
(B) by striking ‘‘in Guam’’.
SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PROTECTION
AT MILITARY INSTALLATIONS.
(a) STANDARDS REQUIRED.—Beginning not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall ensure that—
(1) members of the Armed Forces and employees of Defense
Agencies who provide fire protection services to military
installations comply with the national consensus standards
developed by the National Fire Protection Association;
H. R. 7776—153
(2) the minimum staffing requirement for any firefighting
vehicle responding to a structural building emergency at a
military installation is not less than four firefighters per
vehicle; and
(3) the minimum staffing requirement for any firefighting
vehicle responding to an aircraft or airfield incident at a mili-
tary installation is not less than three firefighters per vehicle.
(b) REPORTS REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, each Secretary of a military
department shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report that—
(1) details each instance in which the standards of that
military department deviate from the national consensus stand-
ards specified in subsection (a)(1), and at what military installa-
tion;
(2) includes, for each military installation under the juris-
diction of that Secretary, a detailed description of response
times for emergency services and firefighting vehicle staffing
levels; and
(3) includes an assessment of the feasibility of requiring
compliance with the national consensus standards specified
in subsection (a)(1) in accordance with such subsection at each
military installation under the jurisdiction of that Secretary
(without exception), the cost of requiring such compliance, and
the estimated timeline for that Secretary to implement such
requirement.
(c) DEFINITIONS.—In this section:
(1) The terms ‘‘Armed Forces’’ and ‘‘Defense Agency’’ have
the meanings given such terms in section 101 of title 10,
United States Code.
(2) The term ‘‘firefighter’’ has the meaning given that term
in section 707(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Pub. L. 116–92; 10 U.S.C. 1074m note).
(3) The term ‘‘military installation’’ has the meaning given
that term in section 2801 of title 10, United States Code.
SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA
COLLECTION.
(a) IN GENERAL.—Not later than October 1, 2023, the Secretary
of the Army and the Secretary of the Navy shall each initiate
a pilot program to evaluate the utility of using data recorders
to monitor, assess, and improve readiness and the safe operation
of military tactical vehicles in the Army and the Marine Corps,
respectively.
(b) DURATION.—Each pilot program initiated under subsection
(a) shall be carried out for a period of not less than two years.
(c) REQUIREMENTS.—In carrying out a pilot program under
this section, the Secretary of the Army and the Secretary of the
Navy each shall—
(1) select not fewer than one military installation in the
United States under the jurisdiction of the Secretary that con-
tains the necessary forces, equipment, and maneuver training
ranges to collect data on drivers and military tactical vehicles
during training and routine operation at which to carry out
the pilot program;
H. R. 7776—154
(2) install data recorders on a sufficient number of each
type of military tactical vehicle specified in subsection (d) to
gain statistically significant results;
(3) select a data recorder capable of collecting and exporting
telemetry data, event data, and driver identification data during
operation and accidents;
(4) establish and maintain a data repository for operation
and event data captured by the data recorder; and
(5) establish processes to leverage operation and event
data to improve individual vehicle operator performance, iden-
tify installation hazards that threaten safe vehicle operation,
and identify vehicle-type specific operating conditions that
increase the risk of accidents or mishaps.
(d) MILITARY TACTICAL VEHICLES SPECIFIED.—Military tactical
vehicles specified in this subsection are the following:
(1) High Mobility Multipurpose Wheeled Vehicles.
(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Secretary
of the Army or the Secretary of the Navy considers appropriate.
(e) CYBER RISK EXEMPTION.—The Secretary of the Army or
the Secretary of the Navy, as the case may be, may exempt from
a pilot program under this section a military tactical vehicle speci-
fied under subsection (d) if that Secretary submits to the Commit-
tees on Armed Services of the House of Representatives and the
Senate a certification that, with respect to inclusion of the military
tactical vehicle, there is a high potential of cyber risk as a result
of the absence of a cross-domain solution capable of segregating
classified and unclassified data.
(f) IMPLEMENTATION PLAN.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
and the Secretary of the Navy shall each—
(1) develop plans for implementing the pilot programs
under this section; and
(2) provide to the congressional defense committees a
briefing on those plans and the estimated cost of implementing
those plans.
(g) REPORT REQUIRED.—Not later than December 15, 2024,
the Secretary of the Army and the Secretary of the Navy shall
each submit to the congressional defense committees a report on
the respective pilot programs carried out under this section by
the Secretaries, including—
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles;
(2) adjustments made, or to be made, to the implementation
plans developed under subsection (f); and
(3) any other matters determined appropriate by the Secre-
taries.
(h) ASSESSMENT REQUIRED.—Not later than December 15, 2025,
the Secretary of the Army and the Secretary of the Navy shall
jointly submit to the congressional defense committees an assess-
ment of the pilot programs carried out under this section,
including—
H. R. 7776—155
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles;
(2) an assessment of the utility of establishing an enduring
program to use data recorders to monitor, assess, and improve
readiness and the safe operation of military tactical vehicles;
(3) an assessment of the scope, size, and estimated cost
of such an enduring program; and
(4) such other matters as the Secretary of the Army and
the Secretary of the Navy determine appropriate.
SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF OUT-OF-
POCKET COSTS OF MEMBERS OF THE ARMED FORCES FOR
UNIFORM ITEMS.
(a) TRACKING REQUIREMENT.—The Secretary of Defense shall
take such steps as may be necessary to track the expected useful
life of uniform items for officers and enlisted members of the Armed
Forces, for the purposes of—
(1) estimating the rate at which such uniform items are
replaced;
(2) determining the resulting out-of-pocket costs for such
members over time;
(3) determining the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, based
on the replacement rate estimated pursuant to paragraph (1)
and the out-of-pocket costs determined pursuant to paragraph
(2); and
(4) determining the adequacy of the uniform allowance
for enlisted members of the Armed Forces.
(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the expected
useful life of required uniform items for members of the Armed
Forces, projected changes to such required uniform items, and
related costs anticipated by the Secretary (disaggregated by Armed
Force). Such report shall include—
(1) pricing information for each such item, including items
that are not considered uniquely military; and
(2) an assessment of the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, as
determined pursuant to subsection (a)(3).
SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RELATING TO
ANIMAL FACILITY SANITATION AND PLAN FOR HOUSING
AND CARE OF HORSES.
(a) IMPLEMENTATION BY SECRETARY OF THE ARMY OF CERTAIN
RECOMMENDATIONS RELATING TO ANIMAL FACILITY SANITATION.—
Not later than March 1, 2023, the Secretary of the Army shall
implement the recommendations contained in the memorandum
of the Department of the Army dated February 25, 2022, the subject
of which is ‘‘Animal Facility Sanitation Inspection Findings for
the Fort Myer Caisson Barns/Paddocks and the Fort Belvoir Caisson
Pasture Facility’’ (MHCB–RN).
(b) PLAN FOR HOUSING AND CARE OF ALL HORSES WITHIN
CARE OF OLD GUARD.—
(1) IN GENERAL.—Not later than March 1, 2023, the Sec-
retary of the Army shall submit to Congress a plan for the
H. R. 7776—156
housing and care of all horses within the care of the 3rd
United States Infantry (commonly known as the ‘‘Old Guard’’).
(2) ELEMENTS.—The plan required by paragraph (1) shall
include—
(A) a description of each modification planned or under-
way at the Fort Myer Caisson Barns/Paddocks, the Fort
Belvoir Caisson Pasture Facility, and any other facility
or location under consideration for stabling of the horses
described in paragraph (1);
(B) an identification of adequate space at Fort Myer,
Virginia, to properly care for the horses described in para-
graph (1);
(C) a prioritization of the allotment of the space identi-
fied under subparagraph (B) over other functions of Fort
Myer that could be placed elsewhere;
(D) projected timelines and resource requirements to
execute the plan; and
(E) a description of—
(i) immediate remedies for the unsanitary and
unsafe conditions present at the locations described
in subparagraph (A); and
(ii) how long-term quality of life improvements
will be provided for the horses described in paragraph
(1).
SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY
AS EXECUTIVE AGENT FOR NAVAL SMALL CRAFT INSTRUC-
TION AND TECHNICAL TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal year
2023—
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction
and Technical Training School pursuant to section 352(b) of
title 10, United States Code; and
(2) to provide such support as may be necessary for the
continued operation of such school.
SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF
LEGACY MARITIME MINE COUNTERMEASURES PLAT-
FORMS.
(a) PROHIBITION.—Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to dis-
continue or prepare to discontinue, including by making a sub-
stantive reduction in training and operational employment, any
element of the Marine Mammal Program of the Navy, that has
been used, or is currently being used, for—
(1) port security at Navy bases, known as Mark-6 systems;
or
(2) mine search capabilities, known as Mark-7 systems.
(b) WAIVER.—The Secretary of the Navy may waive the prohibi-
tion under subsection (a) if the Secretary, with the concurrence
of the Director of Operational Test and Evaluation, certifies in
writing to the congressional defense committees that the Secretary
has—
(1) identified a replacement capability and the necessary
quantity of such capability to meet all operational requirements
currently being met by the Marine Mammal Program, including
a detailed explanation of such capability and quantity;
H. R. 7776—157
(2) achieved initial operational capability of all capabilities
referred to in paragraph (1), including a detailed explanation
of such achievement; and
(3) deployed a sufficient quantity of capabilities referred
to in paragraph (1) that have achieved initial operational capa-
bility to continue to meet or exceed all operational requirements
currently being met by Marine Mammal Program, including
a detailed explanation of such deployment.
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.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2023, as follows:
(1) The Army, 452,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
SEC. 402. END STRENGTH LEVEL MATTERS.
(a) STRENGTH LEVELS TO SUPPORT NATIONAL DEFENSE
STRATEGY.—
(1) REPEAL.—Section 691 of title 10, United States Code,
is repealed.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 39 of such title is amended by striking the
item relating to section 691.
(b) CERTAIN ACTIVE-DUTY AND SELECTED RESERVE
STRENGTHS.—Section 115 of such title is amended—
(1) in subsection (f), by striking ‘‘increase’’ each place it
appears and inserting ‘‘vary’’; and
(2) in subsection (g)—
(A) in paragraph (1), by striking subparagraphs (A)
and (B) and inserting the following new subparagraphs:
‘‘(A) vary the end strength pursuant to subsection (a)(1)(A)
for a fiscal year for the armed force or forces under the jurisdic-
tion of that Secretary by a number not equal to more than
two percent of such authorized end strength; and
H. R. 7776—158
‘‘(B) vary the end strength pursuant to subsection (a)(2)
for a fiscal year for the Selected Reserve of the reserve compo-
nent of the armed force or forces under the jurisdiction of
that Secretary by a number equal to not more than one percent
of such authorized end strength.’’;
(B) in paragraph (2), by striking ‘‘increase’’ each place
it appears and inserting ‘‘variance’’; and
(C) by adding at the end the following new paragraph
(3):
‘‘(3) The Secretary of the military department concerned shall
promptly notify the congressional defense committees if such Sec-
retary exceeds a variance under paragraph (1), and at least once
every 90 days thereafter for so long as such end strength is outside
such variance. Each such notification shall include the following:
‘‘(A) Modified projected end strengths for active and reserve
components of the armed force or forces for which such Sec-
retary exceeds such variance.
‘‘(B) An identification of any budgetary effects projected
as a result of such modified end strength projections.
‘‘(C) An explanation of any effects on readiness resulting
from such modified end strength projections.’’.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END
STRENGTH.
(a) IN GENERAL.—Notwithstanding section 115(g) of title 10,
United States Code, upon determination by the Secretary of the
Air Force that such action would enhance manning and readiness
in essential units or in critical specialties, the Secretary may vary
the end strength authorized by Congress for each fiscal year as
follows:
(1) Increase the end strength authorized pursuant to sec-
tion 115(a)(1)(A) of such title for a fiscal year for the Space
Force by a number equal to not more than 5 percent of such
authorized end strength.
(2) Decrease the end strength authorized pursuant to sec-
tion 115(a)(1)(A) of such title for a fiscal year for the Space
Force by a number equal to not more than 10 percent of
such authorized end strength.
(b) TERMINATION.—The authority provided under subsection
(a) shall terminate on December 31, 2023.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2023, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 177,000.
(3) The Navy Reserve, 57,000.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
H. R. 7776—159
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve component
shall be proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) END STRENGTH INCREASES.—Whenever units or individual
members of the Selected Reserve for any reserve component are
released from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of such
reserve component shall be increased proportionately by the total
authorized strengths of such units and by the total number of
such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2023, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) IN GENERAL.—The minimum number of military technicians
(dual status) as of the last day of fiscal year 2023 for the reserve
components of the Army and the Air Force (notwithstanding section
129 of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) LIMITATION ON NUMBER OF TEMPORARY MILITARY TECHNI-
CIANS (DUAL STATUS).—The number of temporary military techni-
cians (dual-status) employed under the authority of subsection (a)
may not exceed 25 percent of the total authorized number specified
in such subsection.
(c) LIMITATION.—Under no circumstances may a military techni-
cian (dual status) employed under the authority of this section
be coerced by a State into accepting an offer of realignment or
conversion to any other military status, including as a member
of the Active, Guard, and Reserve program of a reserve component.
If a military technician (dual status) declines to participate in
H. R. 7776—160
such realignment or conversion, no further action will be taken
against the individual or the individual’s position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2023, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2023 for the use
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for mili-
tary personnel, as specified in the funding table in section 4401.
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of
appropriations in subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2023.
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 of-
ficers 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 limitations
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’ Train-
ing Corps in reports accompanying the national defense strategy.
H. R. 7776—161
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Reserve Of-
ficers’ 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.
Sec. 515. Authority to waive requirement that performance of Active Guard and
Reserve duty at the request of a Governor may not interfere with cer-
tain 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 Reserve
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 employees
and their families.
Sec. 523. Limitation of extension of period of active duty for a member who accepts
a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative 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 occupa-
tional 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 re-
cruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment in-
centives.
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 secondary
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 air-
craft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize in air
and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID special
agent training course.
Sec. 549. Review of titling and indexing practices of the Army and certain other or-
ganizations.
Sec. 549A. Briefing and report on resourcing required for implementation of mili-
tary justice reform.
H. R. 7776—162
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 foundations.
Sec. 552. Individuals from the District of Columbia who may be considered for ap-
pointment 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 Tech-
nology: 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 acad-
emy 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 dependent
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.
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 Depart-
ment 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 financial
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 pur-
poses of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools op-
erated 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; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Arling-
ton National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National
Cemetery.
H. R. 7776—163
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military installations.
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.
Subtitle A—Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON
ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT
COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10, United
States Code, is amended by inserting after the items relating to
the Marine Corps new items relating to the total number of commis-
sioned officers (excluding officers in categories specified in sub-
section (b) of such section) serving on active duty in the Space
Force in the grades of major, lieutenant colonel, and colonel, respec-
tively, as follows:
‘‘3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565’’.
SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE
DUTY IN GENERAL OFFICER AND FLAG OFFICER GRADES.
Section 525 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘as follows:’’ and inserting an em dash;
(B) in paragraph (4)(C), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(5) in the Space Force, if that appointment would result
in more than—
‘‘(A) 2 officers in the grade of general;
‘‘(B) 7 officers in a grade above the grade of major
general; or
‘‘(C) 6 officers in the grade of major general.’’;’’;
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘and Marine Corps’’
and inserting ‘‘Marine Corps, and Space Force’’; and
(B) in paragraph (2), by striking ‘‘or Marine Corps’’
and inserting ‘‘Marine Corps, or Space Force’’; and
(3) in subsection (d), by striking ‘‘or Commandant of the
Marine Corps’’ and inserting ‘‘Commandant of the Marine
Corps, or Chief of Space Operations’’.
H. R. 7776—164
SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING ON ACTIVE
DUTY IN THE GRADES OF O-8 AND O-9.
Subsection (a)(3) of section 525 of title 10, United States Code,
as amended by section 502, is amended—
(1) in subparagraph (B), by striking ‘‘33’’ and inserting
‘‘34’’; and
(2) in subparagraph (C), by striking ‘‘50’’ and inserting
‘‘49’’.
SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022: GEN-
ERAL OFFICERS AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘and Marine Corps’’ and inserting ‘‘Marine Corps, and
Space Force’’;
(B) in paragraph (1), by striking ‘‘220’’ and inserting
‘‘218’’;
(C) in paragraph (2), by striking ‘‘151’’ and inserting
‘‘149’’;
(D) in paragraph (3), by striking ‘‘187’’ and inserting
‘‘170’’; and
(E) by adding at the end the following new paragraph:
‘‘(5) For the Space Force, 21.’’; and
(2) in subsection (b)(2), by adding at the end the following
new subparagraph:
‘‘(E) For the Space Force, 6.’’.
SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OFFICERS
AWAITING RETIREMENT.
Section 601(b)(5) of title 10, United States Code, is amended
by striking ‘‘retirement, but not for more than 60 days.’’ and
inserting the following: ‘‘retirement, but—
‘‘(A) subject to subparagraph (B), not for more than
60 days; and
‘‘(B) with respect to an officer awaiting retirement fol-
lowing not less than one year of consecutive deployment
outside of the United States to a combat zone (as defined
in section 112(c) of the Internal Revenue Code of 1986)
or in support of a contingency operation, not for more
than 90 days.’’.
SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL TRIAL
COUNSEL FROM LIMITATIONS ON AUTHORIZED
STRENGTHS FOR GENERAL AND FLAG OFFICERS.
During the two-year period beginning on the date of the enact-
ment of this Act, the limitations in section 526a(a) of title 10,
United States Code, as amended by section 504, shall not apply
to a general or flag officer serving in the position of lead special
trial counsel pursuant to an appointment under section 1044f(a)(2)
of such title.
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS
OF THE ARMED FORCES.
(a) CONSTRUCTIVE SERVICE CREDIT FOR WARRANT OFFICERS.—
Section 572 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘For the purposes’’; and
(2) by adding at the end the following new subsection:
H. R. 7776—165
‘‘(b) The Secretary concerned shall credit a person who is
receiving an original appointment as a warrant officer in the regular
component of an armed force under the jurisdiction of such Sec-
retary concerned, and who has advanced education or training
or special experience, with constructive service for such education,
training, or experience, as follows:
‘‘(1) For special training or experience in a particular war-
rant officer field designated by the Secretary concerned, if such
training or experience is directly related to the operational
needs of the armed force concerned, as determined by such
Secretary concerned.
‘‘(2) For advanced education in a warrant officer field des-
ignated by the Secretary concerned, if such education is directly
related to the operational needs of the armed force concerned,
as determined by such Secretary concerned.’’.
(b) REPORT.—Not later than February 1, 2027, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the amend-
ments made by subsection (a). Such report shall include—
(1) the evaluation of such amendments by the Secretary;
(2) the estimate of the Secretary regarding how many
individuals are eligible for credit under subsection (b) of such
section, as added by subsection (a); and
(3) the determination of the Secretary whether existing
special pay for such members is adequate.
SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT OFFICERS
IN THE MILITARY DEPARTMENTS FOR PROMOTION.
(a) PROMOTION BY SELECTION BOARDS: RECOMMENDATION;
EXCLUSION FROM CONSIDERATION.—Section 575 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
‘‘(e)(1) In selecting the warrant officers to be recommended
for promotion, a selection board shall, when authorized by the
Secretary concerned, recommend warrant officers of particular
merit, pursuant to guidelines and procedures prescribed by the
Secretary concerned, from among those warrant officers selected
for promotion, to be placed higher on the promotion list contained
in the report of such board under section 576(c) of this title.
‘‘(2) A selection board may recommend that a warrant officer
be placed higher on a promotion list under paragraph (1) only
if the warrant officer receives the recommendation of at least a
majority of the members of the board, unless the Secretary con-
cerned establishes an alternative requirement. Any such alternate
requirement shall be furnished to the board as part of the guidelines
furnished to the board under section 576 of this title.
‘‘(3) For the warrant officers recommended to be placed higher
on a promotion list under paragraph (1), the board shall recommend
the order in which those warrant officers should be placed on
the list.
‘‘(f)(1) Upon the request of a warrant officer, the Secretary
concerned may exclude the warrant officer from consideration for
promotion under this section.
‘‘(2) The Secretary concerned may approve a request of a war-
rant officer under paragraph (1) only if—
‘‘(A) the basis for the request is to allow the officer to
complete—
H. R. 7776—166
‘‘(i) an assignment in support of career progression;
‘‘(ii) advanced education;
‘‘(iii) an assignment such Secretary determines is of
significant value to the Armed Force concerned; or
‘‘(iv) a career progression requirement delayed by an
assignment or education;
‘‘(B) such Secretary determines that such exclusion from
consideration is in the best interest of the Armed Force con-
cerned; and
‘‘(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests exclusion
from consideration.’’.
(b) PRIORITY FOR PROMOTION OF WARRANT OFFICERS IN REPORT
OF SELECTION BOARD.—Subsection (c) of section 576 of such title
is amended to read as follows:
‘‘(c) The names of warrant officers selected for promotion under
this section shall be arranged in the report of such board in the
following order of priority:
‘‘(1) Warrant officers recommended under section 575(e)
of this title to be placed higher on the promotion list, in the
order in which the board determines.
‘‘(2) Warrant officers otherwise recommended for promotion,
in the order of seniority on the warrant officer active-duty
list.’’.
(c) PROMOTIONS: HOW MADE; EFFECTIVE DATE.—Section 578(a)
of such title is amended by striking ‘‘of the seniority of such officers
on the warrant officer active-duty list’’ and inserting ‘‘set forth
in section 576(c) of this title’’.
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF
MANDATORY RETIREMENT FOR SUPERINTENDENTS OF
MILITARY SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section 7321(b) of title
10, United States Code, is amended by adding at the end the
following: ‘‘In the event a waiver under this subsection is granted,
the subsequent nomination and appointment of such officer having
served as Superintendent of the Academy to a further assignment
in lieu of retirement shall be subject to the advice and consent
of the Senate.’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8371(b) of title
10, United States Code, is amended by adding at the end the
following: ‘‘In the event a waiver under this subsection is granted,
the subsequent nomination and appointment of such officer having
served as Superintendent of the Academy to a further assignment
in lieu of retirement shall be subject to the advice and consent
of the Senate.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9321(b) of
title 10, United States Code, is amended by adding at the end
the following: ‘‘In the event a waiver under this subsection is
granted, the subsequent nomination and appointment of such officer
having served as Superintendent of the Academy to a further
assignment in lieu of retirement shall be subject to the advice
and consent of the Senate.’’.
H. R. 7776—167
SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL
PERFORMING DUTIES OF A NUCLEAR AND MISSILE OPER-
ATIONS OFFICER (13N).
Section 506(b) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1682) is amended—
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new para-
graph (8):
‘‘(8) A staffing plan for managing personnel in the 13N
career field as the Air Force transitions from the Minuteman
III weapon system to the Sentinel weapon system.’’.
SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF THE SEC-
RETARY OF DEFENSE AND OTHER DEPARTMENT OF
DEFENSE HEADQUARTERS OFFICES.
(a) OFFICE OF THE SECRETARY OF DEFENSE.—The Secretary
of Defense shall conduct an assessment of staffing of the Office
of the Secretary of Defense. Such assessment shall including the
following elements:
(1) A validation of every military staff billet assigned to
the Office of the Secretary of Defense against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have
on the office of the Secretary of Defense and other Department
of Defense Headquarters Offices.
(3) A plan and milestones for how reductions described
in paragraph (2) would occur, a schedule for such reductions,
and the process by which the billets would be returned to
the operational activities of the Armed Forces concerned.
(b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The Chairman
of the Joint Chiefs of Staff shall conduct an assessment of staffing
of the Office of the Joint Chiefs of Staff. Such assessment shall
including the following elements:
(1) A validation of every military staff billet assigned to
the Office of the Joint Chiefs of Staff against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have
on the office of the Joint Staff and the Chairman’s Controlled
Activities and other related Joint Staff Headquarters Offices.
(3) A plan and milestones for how reductions described
in paragraph (2) would occur, a schedule for such reductions,
and the process by which the billets would be returned to
the operational activities of the Armed Forces concerned.
(c) INTERIM BRIEFING AND REPORT.—
(1) INTERIM BRIEFING.—Not later than April 1, 2023, the
Secretary shall provide to the Committees on Armed Services
of the Senate and House of Representatives an interim briefing
on the assessments under subsections (a) and (b).
(2) FINAL REPORT.—Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
the Committees on Armed Services of the Senate and House
of Representatives a report on the assessments under sub-
sections (a) and (b). Such report shall include the following:
H. R. 7776—168
(A) A validation of every military staff billet assigned
to the Office of the Secretary of Defense and the Joint
Staff to include the Chairman’s Controlled Activities
against existing military personnel requirements.
(B) The methodology and process through which such
validation was performed.
(C) Relevant statistical analysis on military billet fill
rates against validated requirements.
(D) An analysis of unvalidated military billets currently
performing staff support functions,
(E) The rationale for why unvalidated military billets
may be required.
(F) The cost of military staff filling both validated
and unvalidated billets.
(G) Lessons learned through the military billet valida-
tion process and statistical analysis under subparagraphs
(B) through (F).
(H) Any other matters the Secretary determines rel-
evant to understanding the use of military staff billets
described in subsections (a) and (b).
(I) Any legislative, policy or budgetary recommenda-
tions of the Secretary related to the subject matter of
the report.
SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORMANCE
EVALUATIONS.
(a) REVIEW REQUIRED.—Not later than one year after the enact-
ment of this Act, the Comptroller General of the United States
shall review the officer performance reports of each Armed Force
under the jurisdiction of a Secretary of a military department
in order to—
(1) study the fitness report systems used for the perform-
ance evaluation of officers; and
(2) provide to the Secretary of Defense and the Secretaries
of the military departments recommendations regarding how
to improve such systems.
(b) ELEMENTS.—The review required under subsection (a) shall
include the following:
(1) An analysis of the effectiveness of the fitness report
systems at evaluating and documenting the performance of
officers.
(2) A comparison of the fitness report systems for officers
of each Armed Force described in subsection (a) with best
practices for performance evaluations used by public- and pri-
vate-sector organizations.
(3) An analysis of the value of fitness reports in providing
useful information to officer promotion boards.
(4) An analysis of the value of fitness reports in providing
useful feedback to officers being evaluated.
(5) Recommendations to improve the fitness report systems
to—
(A) increase its effectiveness at accurately evaluating
and documenting the performance of officers;
(B) provide more useful information to officer pro-
motion boards; and
(C) provide more useful feedback regarding evaluated
officers.
H. R. 7776—169
(c) ACCESS TO DATA AND RECORDS.—The Secretaries of the
military departments shall provide to the Comptroller General suffi-
cient resources and access to technical data, individuals, organiza-
tions, and records that the Comptroller General requires to complete
the review under this section.
(d) SUBMISSION TO SECRETARIES.—Upon completing the review
under subsection (a), the Comptroller General shall submit to the
Secretary of Defense and the Secretaries of the military depart-
ments a report on the results of the review.
(e) SUBMISSION TO CONGRESS.—Not later than 30 days after
the date on which the Secretary of Defense and the Secretaries
of the military departments receive the report under subsection
(d), the Secretary of Defense shall submit to the congressional
defense committees—
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
SEC. 509D. STUDY OF CHAPLAINS.
(a) STUDY REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Secretaries of the military departments, shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a study of the roles and responsibilities of chap-
lains.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) The resources (including funding, administrative sup-
port, and personnel) available to support religious programs.
(2) Inclusion of chaplains in resiliency, suicide prevention,
wellness, and other related programs.
(3) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(4) Recruitment and retention of chaplains.
(5) An analysis of the number of hours chaplains spend
in roles including pastoral care, religious services, counseling,
and administration.
(6) The results of any surveys that have assessed the
roles, responsibilities and satisfaction of chaplains.
(7) A review of the personnel requirements for chaplains
during fiscal years 2013 through 2022.
(8) Challenges to the abilities of chaplains to offer ministry
services.
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.
Section 113(m) of title 10, United States Code, is amended—
(1) by redesignating the second paragraph (8) as paragraph
(11);
(2) by redesignating the first paragraph (8), as paragraph
(10);
(3) by redesignating paragraphs (5), (6), and (7) paragraphs
(7), (8), and (9), respectively; and
H. R. 7776—170
(4) by inserting after paragraph (4) the following new para-
graphs:
‘‘(5) The number of Senior Reserve Officers’ Training Corps
scholarships awarded during the fiscal year covered by the
report, disaggregated by gender, race, and ethnicity, for each
military department.
‘‘(6) The program completion rates and program withdrawal
rates of Senior Reserve Officers’ Training Corps scholarship
recipients during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.’’.
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN INSTRUCTOR
IN THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS.
(a) IN GENERAL.—Section 2031 of title 10, United States Code,
is amended—
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new sub-
section:
‘‘(f)(1) Instead of, or in addition to, detailing officers and non-
commissioned officers on active duty under subsection (c)(1) or
authorizing the employment of retired officers and noncommissioned
officers under subsection (d) or (e), the Secretary of the military
department concerned may authorize qualified institutions to
employ as administrators and instructors in the program officers
or noncommissioned officers who—
‘‘(A)(i) receive honorable discharges—
‘‘(I) after completing at least eight years of service;
and
‘‘(II) not longer than five years before applying for
such employment; or
‘‘(ii)(I) are in an active status; and
‘‘(II) who are not yet eligible for retired pay; and
‘‘(B) apply for such employment.
‘‘(2) The Secretary of the military department concerned shall
pay to the institution an amount equal to one-half of the amount
to be paid to an instructor pursuant to the JROTC Instructor
Pay Scale for any period.
‘‘(3) Notwithstanding the limitation in paragraph (2), the Sec-
retary of the military department concerned may pay to the institu-
tion more than one-half of the amount paid to the member by
the institution if, as determined by such Secretary—
‘‘(A) the institution is in an educationally and economically
deprived area; and
‘‘(B) such action is in the national interest.
‘‘(4) Payments under this subsection shall be made from funds
appropriated for that purpose.
‘‘(5) The Secretary of the military department concerned may
require an officer or noncommissioned officer employed under this
subsection to transfer to the Individual Ready Reserve as a condi-
tion of such employment.’’.
(b) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a briefing regarding—
H. R. 7776—171
(1) the number of instructors employed pursuant to the
amendment made by subsection (a); and
(2) costs to the Federal Government arising from such
employment.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE
OFFICERS IN THE NATIONAL GUARD DUE TO UNDUE
DELAYS IN FEDERAL RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United States
Code, is amended to read as follows:
‘‘(2) If there is a delay in extending Federal recognition in
the next higher grade in the Army National Guard or the Air
National Guard to a reserve commissioned officer of the Army
or the Air Force that exceeds 100 days from the date the National
Guard Bureau deems such officer’s application for Federal recogni-
tion to be completely submitted by the State and ready for review
at the National Guard Bureau, and the delay was not attributable
to the action or inaction of such officer—
‘‘(A) in the event of State promotion with an effective
date before January 1, 2024, the effective date of the promotion
concerned under paragraph (1) may be adjusted to a date
determined by the Secretary concerned, but not earlier than
the effective date of the State promotion; and
‘‘(B) in the event of State promotion with an effective
date on or after January 1, 2024, the effective date of the
promotion concerned under paragraph (1) shall be adjusted
by the Secretary concerned to the later of—
‘‘(i) the date the National Guard Bureau deems such
officer’s application for Federal recognition to be completely
submitted by the State and ready for review at the National
Guard Bureau; and
‘‘(ii) the date on which the officer occupies a billet
in the next higher grade.’’.
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.
(a) ELEMENT.—Subsection (a) of section 105 of title 32, United
States Code, is amended—
(1) in paragraph (6), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (7), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(8) the units and members of the Army National Guard
or Air National Guard comply with Federal law and policy
applicable to the National Guard, including policies issued by
the Secretary of Defense, the Secretary of the military depart-
ment concerned, or the Chief of the National Guard Bureau.’’.
(b) REPORT.—Not later than six months after the date of the
enactment of this Act, the Secretary of the Army and the Secretary
of the Air Force shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
implementation of paragraph (8) of such subsection, as added by
subsection (a). Such report shall include the following:
(1) The number of inspections conducted that included
determinations under such paragraph.
(2) With regard to each such inspection—
(A) the date;
H. R. 7776—172
(B) the unit of the Army National Guard or the Air
National Guard inspected;
(C) the officer who conducted such inspection; and
(D) the determination of the officer whether the unit
was in compliance with Federal law and policy applicable
to the National Guard.
SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE
OF ACTIVE GUARD AND RESERVE DUTY AT THE REQUEST
OF A GOVERNOR MAY NOT INTERFERE WITH CERTAIN
DUTIES.
(a) IN GENERAL.—Section 328(b) of title 32, United States Code,
is amended by adding at the end the following new subsection:
‘‘(c) WAIVER AUTHORITY.—(1) Notwithstanding section
101(d)(6)(A) of title 10 and subsection (b) of this section, the Gov-
ernor of a State or the Commonwealth of Puerto Rico, Guam,
or the Virgin Islands, or the commanding general of the District
of Columbia National Guard, as the case may be, may, at the
request of the Secretary concerned, order a member of the National
Guard to perform Active Guard and Reserve duty for purposes
of performing training of the regular components of the armed
forces as the primary duty.
‘‘(2) Training performed under paragraph (1) must be in compli-
ance with the requirements of section 502(f)(2)(B)(i) of this title.
‘‘(3) No more than 100 personnel may be granted a waiver
by a Secretary concerned under paragraph (1) at a time.
‘‘(4) The authority under paragraph (1) shall terminate on
October 1, 2024.’’.
(b) BRIEFING ON PERFORMANCE OF TRAINING AS PRIMARY
DUTY.—Not later than March 1, 2023, the Secretary of the Army
and the Secretary of the Air Force shall each submit to the Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a briefing
describing how many members of the National Guard are per-
forming Active Guard and Reserve duty for purposes of performing
training of the regular components of the Armed Forces as primary
duty.
(c) BRIEFING ON END STRENGTH REQUIREMENTS.—Not later
than October 1, 2024, the Secretary of the Army and the Secretary
of the Air Force shall each submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing outlining the end strength
requirement going forward for Active Guard and Reserve forces
of the National Guard impacted by subsection (c) of section 328(b)
of title 32, United States Code, as added by subsection (a) of
this section.
SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD
PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81), is amended—
(1) by inserting ‘‘(a) in general.—’’ before ‘‘Until’’;
(2) by striking ‘‘September 30, 2026’’ and inserting ‘‘Sep-
tember 30, 2029’’;
(3) by striking ‘‘support’’ and inserting ‘‘carry out’’;
(4) by striking ‘‘personnel of the California National Guard’’
and inserting ‘‘National Guard personnel (including from the
H. R. 7776—173
Colorado National Guard and the California National Guard)’’;
and
(5) by adding at the end the following:
‘‘(b) TRANSFER.—Until the date specified in subsection (a), no
component (including any analytical responsibility) of the FireGuard
program may be transferred from the Department of Defense to
another entity. If the Secretary seeks to make such a transfer,
the Secretary shall, at least three years before such transfer, provide
to the appropriate congressional committees a written report and
briefing that detail—
‘‘(1) plans of the Secretary for such transfer; and
‘‘(2) how such transfer will sustain and improve detection
and monitoring of wildfires.
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘appropriate congressional committees’ means
the following:
‘‘(1) The Committee on Armed Services of the Senate.
‘‘(2) The Committee on Armed Services of the House of
Representatives.
‘‘(3) The Select Committee on Intelligence of the Senate.
‘‘(4) The Permanent Select Committee on Intelligence of
the House of Representatives.’’.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE
PROGRAM.
Section 516 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81) is amended, in subsection (a),
by striking ‘‘fiscal year 2022’’ and inserting ‘‘fiscal years 2022 and
2023’’.
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS
REGARDING UNITS OF CERTAIN RESERVE COMPONENTS.
(a) NOTICE REQUIRED; ELEMENTS.—The Secretary of a military
department may not take any covered action regarding a covered
unit until the day that is 60 days after the Secretary of a military
department submits to Congress notice of such covered action.
Such notice shall include the following elements:
(1) An analysis of how the covered action would improve
readiness.
(2) A description of how the covered action would align
with the National Defense Strategy and the supporting strate-
gies of each military departments.
(3) A description of any proposed organizational change
associated with the covered action and how the covered action
will affect the relationship of administrative, operational, or
tactical control responsibilities of the covered unit.
(4) The projected cost and any projected long-term cost
savings of the covered action.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets necessary
for the covered action.
(6) A description of how the covered activity will affect
the ability of the covered Armed Force to accomplish its current
mission.
(b) APPLICABILITY.—This section shall apply to any step to
perform covered action regarding a covered unit on or after the
date of the enactment of this Act.
(c) DEFINITIONS.—In this section:
H. R. 7776—174
(1) The term ‘‘covered action’’ means any of the following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ‘‘covered Armed Force’’ means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ‘‘covered unit’’ means a unit of a reserve
component of a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF
NATIONAL GUARD OFFICERS.
(a) INDEPENDENT STUDY.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded research
and development center to conduct a study on the National
Guard commissioned officer and warrant officer promotion
system and provide recommendations to the Department of
Defense, the Department of the Air Force, the Department
of the Army, the National Guard Bureau, and individual State
National Guard commands.
(2) ELEMENTS.—The study referred to in paragraph (1)
shall include a comprehensive review and assessment of the
following:
(A) Reasons for delays in processing personnel actions
for Federal recognition of State National Guard member
promotions.
(B) The Federal recognition process used to extend
Federal recognition to State promotions.
(C) Best practices among the various State National
Guards for managing their requirements under the existing
National Guard promotion system.
(D) Possible improvements to requirements, policies,
procedures, workflow, or resources to reduce the processing
time for Federal recognition of state promotions.
(E) An assessment of the feasibility of developing or
adopting a commercially available solution for an
integrated enterprise information technology system for
managing National Guard officer and warrant officer pro-
motions that allows seamless transition for promotions as
they move through review at the National Guard Bureau,
the Department of the Army, the Department of the Air
Force, and the Department of Defense.
(F) Possible metrics to evaluate effectiveness of any
recommendations made.
(G) Possible remedies for undue delays in Federal rec-
ognition, including adjustment to the effective date of pro-
motion beyond current statutory authorities.
(H) Any other matters the federally funded research
and development center determines relevant.
(3) REPORT.—
H. R. 7776—175
(A) IN GENERAL.—The contract under paragraph (1)
shall require the federally funded research and develop-
ment center that conducts the study under the contract
to submit to the Secretary of Defense, the Secretary of
the Army, the Secretary of the Air Force, and the Chief
of the National Guard Bureau a report on the results
of the study.
(B) SUBMISSION TO CONGRESS.—Upon receiving the
report required under subparagraph (A), the Secretary of
Defense shall submit an unedited copy of the report results
to the congressional defense committees within 30 days
of receiving the report from the federally funded research
and development corporation.
(b) REPORTING REQUIREMENT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, and annually thereafter until
the date specified in paragraph (3), the Secretary of Defense,
in consultation with the Secretary of the Army and the Sec-
retary of the Air Force as appropriate, shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
detailing the current status of the Federal recognition process
for National Guard promotions.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following elements:
(A) An update on efforts to transition to fully digital
processes in accordance with recommendations made
pursuant to subsection (a).
(B) The average processing time for personnel actions
related to Federal recognition of reserve commissioned
officer promotions in the Army and Air National Guards,
respectively, including the time in days from the date at
which the National Guard Bureau received the promotion
until the date at which Federal recognition was granted.
(C) The average time it took during the previous fiscal
year to extend Federal recognition.
(D) The number of Army and Air National Guard offi-
cers who experienced Federal recognition delays greater
than 90 days in the previous fiscal year.
(E) A summary of any additional resources or authori-
ties needed to further streamline the Federal recognition
processes to reduce average Federal recognition processing
time to 90 days or fewer.
(F) Any other information that the Secretaries con-
cerned deem relevant.
(3) EXPIRATION OF ANNUAL REPORTING REQUIREMENT.—The
date referred to in paragraph (1) is such time as the average
processing time for personnel actions described under this sub-
section is reduced to 90 days or fewer for each of the Army
and Air National Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC DISPER-
SION OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS.
(a) REPORT: REVIEW; UPDATE.—The Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
review and update the 2017 report from the RAND Corporation
titled ‘‘Geographic and Demographic Representativeness of Junior
H. R. 7776—176
Reserve Officer Training Corps’’ (Library of Congress Control
Number: 2017950423).
(b) ELEMENTS.—The report updated under subsection (a) shall
include the following:
(1) An assessment of whether there is adequate representa-
tion in, and reasonable access to, units of the Junior Reserve
Officers’ Training Corps (hereinafter, ‘‘JROTC’’) for students
in all regions of the of the United States.
(2) The estimated cost and time to increase the number
of units of JROTC to ensure adequate representation and
reasonable access described in paragraph (1).
(3) Recommendations to increase adequate representation
and reasonable access described in paragraph (1) in areas of
the United States that the Secretary of Defense determines
lack such adequate representation and reasonable access.
(c) SUBMISSION.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives the report updated under this section.
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY
TRAINING AND EDUCATION CENTER.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Assistant
Secretary of Defense for Homeland Defense and Global Security
and the Chief of the National Guard Bureau, shall submit to the
Committees on Armed Services of the Senate and House of Rep-
resentatives a briefing that includes—
(1) an organizational plan and an estimate of the annual
costs necessary for the Army Interagency Training and Edu-
cation Center to carry out duties assigned to it by the Chief
of the National Guard Bureau; and
(2) the staffing requirements needed to adequately staff
such duties.
Subtitle C—General Service Authorities
and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPECIAL
SELECTION REVIEW BOARDS.
Section 628a(a)(1) of title 10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ before ‘‘If the Secretary concerned’’;
and
(2) by adding at the end the following new subparagraph:
‘‘(B) Nothing in this section shall be construed to prevent a
Secretary concerned from deferring consideration of adverse
information concerning an officer subject to this section until the
next regularly scheduled promotion board applicable to such officer,
in lieu of furnishing such adverse information to a special selection
review board under this section.’’.
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF
GIFTS BY MEMBERS OF THE ARMED FORCES AND DEPART-
MENT OF DEFENSE AND COAST GUARD EMPLOYEES AND
THEIR FAMILIES.
Section 2601a of title 10, United States Code, is amended—
H. R. 7776—177
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘; or’’ and inserting
a semicolon;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) that results in enrollment in a Warriors in Transition
program, as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239;
10 U.S.C. 1071 note); or’’; and
(2) in subsection (c), by striking ‘‘paragraph (1), (2) or
(3) of’’.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY
FOR A MEMBER WHO ACCEPTS A FELLOWSHIP, SCHOLAR-
SHIP, OR GRANT.
(a) LIMITATION.—Subsection (b) of section 2603 of title 10,
United States Code, is amended by striking ‘‘at least’’.
(b) MODERNIZATION.—Subsection (a) of such section is
amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘or his designee’’ and inserting ‘‘(or
an individual designated by the President)’’; and
(B) by striking ‘‘him’’ and inserting ‘‘the member’’;
(2) in paragraph (1), by striking ‘‘his field’’ and inserting
‘‘the field of the member’’;
(3) in paragraph (3), by striking ‘‘his recognized potential
for future career service’’ and inserting ‘‘the recognized potential
for future career service of the member’’; and
(4) in the matter following paragraph (3)—
(A) by striking ‘‘his’’ both places it appears and
inserting ‘‘the member’s’’; and
(B) by striking ‘‘him’’ and inserting ‘‘the member’’.
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZATIONS OF
ADMINISTRATIVE DISCHARGES OF CERTAIN MEMBERS ON
THE BASIS OF FAILURE TO RECEIVE COVID-19 VACCINE.
Section 736(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1161 note) is
amended—
(1) in the matter preceding paragraph (1), by striking
‘‘During the period of time beginning on August 24, 2021,
and ending on the date that is two years after the date of
the enactment of this Act, any’’ and inserting ‘‘Any’’;
(2) in paragraph (1) by striking ‘‘; or’’ and inserting a
semicolon;
(3) in paragraph (2), by striking the period and inserting
‘‘; or’’; and
(4) by adding at the end the following new paragraph:
‘‘(3) in the case of a covered member receiving an adminis-
trative discharge before completing the first 180 continuous
days of active duty, uncharacterized.’’.
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall rescind the mandate that
members of the Armed Forces be vaccinated against COVID-19
H. R. 7776—178
pursuant to the memorandum dated August 24, 2021, regarding
‘‘Mandatory Coronavirus Disease 2019 Vaccination of Department
of Defense Service Members’’.
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH GRADE
RESTRICTIONS FOR THE SPACE FORCE.
Section 517 and section 523 (as amended by section 501 of
this Act) of title 10, United States Code, shall not apply to the
Space Force until January 1, 2024.
SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A
MEMBER OF THE ARMED FORCES: STUDY; UPDATE;
TRAINING; REPORT.
(a) STUDY.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
study on the notification processes of the next of kin upon the
death of a member of the Armed Forces. In conducting the study,
the Secretary shall identify the following elements:
(1) The time it takes for such notification to occur after
such death, recovery of remains, and identification of remains.
Such time shall be determined through an analysis of data
regarding cases involving such notifications.
(2) The effect of media (including social media) and other
forms of communication on such processes.
(3) Means by which the Secretary may improve such proc-
esses to reduce the time described in paragraph (1).
(4) Any legislative recommendations of the Secretary to
improve such processes to reduce the time described in para-
graph (1).
(b) UPDATE.—Upon completion of the study under subsection
(a), the Secretary shall review and update training and education
materials regarding such processes, implementing means described
in subsection (a)(3).
(c) OPERATIONAL TRAINING.—The Secretary of the military
department concerned shall include a training exercise, using mate-
rials updated (including lessons learned) under subsection (b),
regarding a death described in this section in each major exercise
conducted by such Secretary or the Secretary of Defense.
(d) REPORT.—Not later one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report containing—
(1) the results of the study;
(2) a description of the update under subsection (b); and
(3) lessons learned, as described in subsection (c).
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READINESS STAND-
ARDS FOR MILITARY OCCUPATIONAL SPECIALTIES OF THE
ARMY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Army shall—
(1) establish gender-neutral physical readiness standards
that ensure soldiers can perform the duties of their respective
military occupational specialties; and
(2) provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing describing the
methodology used to determine the standards established under
paragraph (1).
H. R. 7776—179
SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE.
(a) REPORT REQUIRED.—The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a recurring report regarding the requirement
that a member of the Armed Forces shall receive a vaccination
against COVID-19. Each such report may not contain any personally
identifiable information, and shall contain the following:
(1) With regard to religious exemptions to such require-
ment—
(A) the number of such exemptions for which members
applied;
(B) the number of such religious exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a religious
exemption who complied with the requirement; and
(E) the number of members denied such a religious
exemption who did not comply with the requirement who
were separated, and with what characterization.
(2) With regard to medical exemptions to such require-
ment—
(A) the number of such medical exemptions for which
members applied;
(B) the number of such medical exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a medical
exemption who complied with the requirement; and
(E) the number of members denied such a medical
exemption who did not comply with the requirement who
were separated, and with what characterization.
(b) FREQUENCY; TERMINATION.—The Secretary shall submit the
first such report not later than 90 days after the date of the
enactment of this Act and every 90 days thereafter until the first
of the following to occur:
(1) The Secretary of Defense lifts such requirement.
(2) The day that is two years after the date of the enact-
ment of this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY
SEPARATED FROM THE ARMED FORCES DUE TO PREG-
NANCY OR PARENTHOOD.
(a) FINDINGS.—Congress finds the following:
(1) In June 1948, Congress enacted the Women’s Armed
Services Integration Act of 1948, which formally authorized
the appointment and enlistment of women in the regular compo-
nents of the Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that members
of the regular components of the Armed Forces could become
pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman
in 1951, which granted the Armed Forces the authority to
involuntarily separate or discharge a woman if she became
pregnant, gave birth to a child, or became a parent by adoption
or a stepparent.
H. R. 7776—180
(4) The Armed Forces responded to the Executive order
by systematically discharging any woman in the Armed Forces
who became pregnant.
(5) The Armed Forces were required to offer women who
were involuntarily separated or discharged due to pregnancy
the opportunity to request retention in the military.
(6) The Armed Forces may not have provided required
separation benefits, counseling, or assistance to the members
of the Armed Forces who were separated or discharged due
to pregnancy.
(7) Thousands of members of the Armed Forces were invol-
untarily separated or discharged from the Armed Forces as
a result of pregnancy.
(8) Such involuntary separation or discharge from the
Armed Forces on the basis of pregnancy was challenged in
Federal district court by Stephanie Crawford in 1975, whose
legal argument stated that this practice violated her constitu-
tional right to due process of law.
(9) The Court of Appeals for the Second Circuit ruled
in Stephanie Crawford’s favor in 1976 and found that Executive
Order 10240 and any regulations relating to the Armed Forces
that made separation or discharge mandatory due to pregnancy
were unconstitutional.
(10) By 1976, all regulations that permitted involuntary
separation or discharge of a member of the Armed Forces
because of pregnancy or any form of parenthood were rescinded.
(11) Today, women comprise 17 percent of the Armed
Forces, and many are parents, including 12 percent of whom
are single parents.
(12) While military parents face many hardships, today’s
Armed Forces provide various lengths of paid family leave
for mothers and fathers, for both birth and adoption of children.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
women who served in the Armed Forces before February 23, 1976,
should not have been involuntarily separated or discharged due
to pregnancy or parenthood.
Subtitle D—Recruitment and Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION
REGARDING PROSPECTIVE RECRUITS.
(a) TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION.—
Section 503(a) of title 10, United States Code, is amended adding
at the end the following new paragraphs:
‘‘(3) PII regarding a prospective recruit collected or compiled
under this subsection shall be kept confidential, and a person
who has had access to such PII may not disclose the information
except for purposes of this section or other purpose authorized
by law.
‘‘(4) In the course of conducting a recruiting campaign,
the Secretary concerned shall—
‘‘(A) notify a prospective recruit of data collection poli-
cies of the armed force concerned; and
‘‘(B) permit the prospective recruit to elect not to
participate in such data collection.
H. R. 7776—181
‘‘(5) In this subsection, the term ‘PII’ means personally
identifiable information.’’.
(b) PILOT PROGRAM ON RECRUITING.—
(1) AUTHORITY.—The Secretary of Defense may conduct
a pilot program (such a program shall be referred to as a
‘‘Military Recruiting Modernization Program’’) to evaluate the
feasibility and effectiveness of collecting and using PRI with
modern technologies to allow the Secretary to more effectively
and efficiently use recruiting resources.
(2) TREATMENT OF PROSPECTIVE RECRUIT INFORMATION.—
PRI collected under a pilot program under this subsection—
(A) may be used by the Armed Forces and entities
into which the Secretary has entered into an agreement
regarding military recruitment only for purposes of military
recruitment;
(B) shall be kept confidential.
(C) may not be maintained more than three years
after collection; and
(3) OPT-OUT.—A pilot program under this subsection may
allow a prospective recruit to opt-out of the collection of PRI
regarding such prospective recruit.
(4) TERMINATION.—Any such pilot program shall terminate
three years after implementation.
(5) INTERIM BRIEFING.—Not later than 90 days after the
implementing a pilot program under this subsection, the Sec-
retary shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing
on the pilot program. Such briefing shall include the following:
(A) The definition, prescribed by the Secretary, of PRI.
(B) How the Secretary intends to handle privacy con-
cerns related to the collection of PRI.
(C) Legal concerns over the collection, use, and mainte-
nance of PRI.
(6) FINAL REPORT.—Not later than 120 days after the
completion of a pilot program under this subsection, the Under
Secretary of Defense for Personnel and Readiness shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot program. Such
report shall include the following:
(A) A summary of whether and how the pilot program
modernized recruiting efforts.
(B) A description of any efficiencies identified under
the pilot program.
(C) Any violations of privacy laws arising from the
pilot program.
(D) Legislative recommendations of the Under Sec-
retary arising from this pilot program.
(7) DEFINITIONS.—In this section:
(A) The term ‘‘PRI’’ means information, prescribed by
the Secretary of Defense, regarding a prospective recruit.
(B) The term ‘‘prospective recruit’’ means an individual
who is eligible to join the Armed Forces and is—
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its equivalent) or
higher.
H. R. 7776—182
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHORITY FOR
TARGETED RECRUITMENT INCENTIVES.
Section 522(h) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 503 note) is—
(1) is revived to read as it did immediately before its
expiration on December 31, 2020; and
(2) is amended—
(A) by striking the semicolon and inserting a comma;
and
(B) by striking ‘‘2020’’ and inserting ‘‘2025’’.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN ARMED
FORCES.
(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this act, the Secretary of Defense, in coordina-
tion with the Secretaries of the military departments, shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on recruiting efforts of the covered
Armed Forces.
(b) ELEMENTS.—The report shall contain, with regards to the
covered Armed Forces during fiscal years 2018 through 2022, the
following elements:
(1) A comparison of—
(A) the number of active duty enlistments from each
geographic region;
(B) the number of recruiters stationed in each
geographic region; and
(C) advertising dollars spent in each geographic region,
including annual numbers and averages.
(2) A comparison of the number of active duty enlistments
produced by each recruiting battalion, recruiting district, or
recruiting region, the number of recruiters stationed in each
battalion, and advertising dollars spent in support of each
battalion, including annual numbers and averages.
(3) An analysis of the geographic dispersion of enlistments
by military occupational specialty.
(4) An analysis of the amount of Federal funds spent on
advertising per active duty enlistment by recruiting battalion,
recruiting district, or recruiting region, and a ranked list of
those battalions from most efficient to least efficient.
(5) A comparison of the race, religion, sex, education levels,
military occupational specialties, and waivers for enlistment
granted to enlistees by geographic region and recruiting bat-
talion, recruiting district, or recruiting region of responsibility.
(6) An assessment of obstacles that recruiters face in the
field, including access to schools and administrative support.
(7) Efforts the Secretary of the military department con-
cerned is taking to mitigate obstacles described in paragraph
(6).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ‘‘geographic region’’ means a region used
for the 2020 decennial census.
H. R. 7776—183
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE DEPART-
MENT OF DEFENSE.
(a) IN GENERAL.—Not later that September 30, 2023, the Comp-
troller General of the United States, in consultation with experts
determined by the Secretary of Defense, shall evaluate the mar-
keting and recruiting efforts of the Department of Defense to deter-
mine how to use social media and other technology platforms to
convey to young people the opportunities and benefits of service
in the covered Armed Forces.
(b) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT
ADVERTISING TO RACIAL AND ETHNIC MINORITY COMMU-
NITIES.
Not later than June 1, 2023, the Secretary of Defense shall
submit to the congressional defense committees a report on the
efforts of the Department of Defense to increase marketing and
advertising to adequately reach racial and ethnic minority commu-
nities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRAC-
TICES IN PUBLIC SECONDARY SCHOOLS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report on military recruitment practices in public secondary
schools during calendar years 2018 through 2022, including—
(1) the zip codes of public secondary schools visited by
military recruiters; and
(2) the number of recruits from public secondary schools
by zip code and local education agency.
SEC. 537. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE
MEMBERS OF THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices regarding the use of retention and exit
survey data to identify barriers and lessons learned to improve
the retention of female members of the Armed Forces under the
jurisdiction of such Secretaries.
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF SPECIAL
OPERATIONS FORCES.
(a) REVIEW REQUIRED.—The Secretary of Defense shall direct
the covered officials to review (and, if a covered official determines
it necessary, update guidance and processes) matters described
in section 167(e)(2)(J) of title 10, United States Code. The covered
officials shall complete such review (and update) not later than
180 days after the date of the enactment of this Act.
(b) ELEMENTS OF REVIEW.—The review and updates under sub-
section (a) shall address the respective roles of the military depart-
ments and the United States Special Operations Command with
respect to the following:
H. R. 7776—184
(1) Coordination between special operations command and
the military departments regarding recruiting and retention
to ensure that personnel requirements of special operations
forces and the military departments are met appropriately.
(2) Opportunities for members of special operations forces
to enroll in professional military education.
(3) Promotion opportunities for members of special oper-
ations forces and an assessment of whether such opportunities
are adequate to fulfill staffing requirements of special oper-
ations forces.
(4) Data sharing between the military departments and
special operations command with respect to special operations
forces personnel.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) REPORT REQUIRED.—Not later than 90 days after completing
the review (and any updates) under subsection (a), the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on such review
and any resulting updates to guidance and processes. The report
shall also include any recommendations of the Secretary regarding
matters described in subsection (a) or (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered officials’’ means—
(A) the Secretaries of the military departments;
(B) the Assistant Secretary of Defense for Special Oper-
ations and Low Intensity Conflict; and
(C) the Commander of special operations command.
(2) The term ‘‘special operations command’’ has the
meaning given that term in section 167(a) of title 10, United
States Code.
(3) The term ‘‘special operations forces’’ means the forces
described in section 167(j) of title 10, United States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING
REMOTELY PILOTED AIRCRAFT: STUDY; REPORT.
(a) STUDY.—The Secretary of Defense shall conduct a study
to identify opportunities to provide more support services to, and
greater recognition of combat accomplishments of, RPA crew. Such
study shall identify the following with respect to each covered
Armed Force:
(1) Safety policies applicable to crew of traditional aircraft
that apply to RPA crew.
(2) Personnel policies, including crew staffing and training
practices, applicable to crew of traditional aircraft that apply
to RPA crew.
(3) Metrics the Secretaries of the military departments
use to evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion rates, and
career advancement opportunities for RPA crew.
(5) Combat zone compensation available to RPA crew.
(6) Decorations and awards for combat available to RPA
crew.
(7) Mental health care available to crew of traditional air-
craft and RPA crew who conduct combat operations.
H. R. 7776—185
(8) Whether RPA crew receive post-separation health
(including mental health) care equivalent to crew of traditional
aircraft.
(9) An explanation of any difference under paragraph (8).
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report containing the following:
(1) The results of the study conducted under this section.
(2) Any policy recommendations of the Secretary regarding
such results.
(3) Progress made by the Secretary of the Air Force in
implementing the recommendations of the Comptroller General
of the United States in the following reports:
(A) GAO-19-155, titled ‘‘Unmanned Aerial Systems: Air
Force Pilot Promotion Rates Have Increased but Oversight
Process of Some Positions Could Be Enhanced’’.
(B) GAO-20-320, titled ‘‘Unmanned Aerial Systems: Air
Force Should Take Additional Steps to Improve Aircrew
Staffing and Support’’.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ‘‘RPA crew’’ means members of covered Armed
Forces who perform duties relating to remotely piloted aircraft.
(3) The term ‘‘traditional aircraft’’ means fixed or rotary
wing aircraft operated by an onboard pilot.
SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF THE
ARMY WHO SPECIALIZE IN AIR AND MISSILE DEFENSE
SYSTEMS.
(a) STUDY.—The Comptroller General of the United States shall
study efforts to retain and recruit members with military occupa-
tional specialties regarding air and missile defense systems of the
Army.
(b) INTERIM BRIEFING.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a briefing on the status of the study.
(c) FINAL REPORT.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report that identifies steps the Secretary of
the Army may take to improve such retention and recruitment.
Subtitle E—Military Justice and Other
Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) DEFINITION OF COVERED OFFENSE.—
(1) IN GENERAL.—Section 801(17)(A) of title 10, United
States Code (article 1(17)(A) of the Uniform Code of Military
Justice), as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1695), is amended by striking ‘‘section 920 (article
H. R. 7776—186
120)’’ and inserting ‘‘section 919a (article 119a), section 920
(article 120), section 920a (article 120a)’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect immediately after the coming into effect
of the amendments made by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1695) as provided in section 539C of that Act (10
U.S.C. 801 note) and shall apply with respect to offenses that
occur after that date.
(b) INCLUSION OF SEXUAL HARASSMENT AS COVERED OFFENSE.—
(1) IN GENERAL.—Section 801(17)(A) of title 10, United
States Code (article 1(17)(A) of the Uniform Code of Military
Justice), as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1695) and amended by subsection (a) of this section,
is further amended—
(A) by striking ‘‘or’’; and
(B) by striking ‘‘of this title’’ and inserting ‘‘, or the
standalone offense of sexual harassment punishable under
section 934 (article 134) of this title in each instance in
which a formal complaint is made and such formal com-
plaint is substantiated in accordance with regulations pre-
scribed by the Secretary concerned’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2025, and shall apply with
respect to offenses that occur after that date.
(c) RESIDUAL PROSECUTORIAL DUTIES AND OTHER JUDICIAL
FUNCTIONS OF CONVENING AUTHORITIES IN COVERED CASES.—The
President shall prescribe regulations to ensure that residual pros-
ecutorial duties and other judicial functions of convening authori-
ties, including granting immunity, ordering depositions, and hiring
experts, with respect to charges and specifications over which a
special trial counsel exercises authority pursuant to section 824a
of title 10, United States Code (article 24a of the Uniform Code
of Military Justice) (as added by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1692)), are transferred to the military judge, the special trial
counsel, or other authority as appropriate in such cases by no
later than the effective date established in section 539C of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 10 U.S.C. 801 note), in consideration of due process
for all parties involved in such a case.
(d) AMENDMENT TO THE RULES FOR COURTS-MARTIAL.—The
President shall prescribe in regulation such modifications to Rule
813 of the Rules for Courts-Martial and other Rules as appropriate
to ensure that at the beginning of each court-martial convened,
the presentation of orders does not in open court specify the name,
rank, or position of the convening authority convening such court,
unless such convening authority is the Secretary concerned, the
Secretary of Defense, or the President.
(e) BRIEFING REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the progress of the
Department of Defense in implementing this section, including an
identification of—
(1) the duties to be transferred under subsection (c);
H. R. 7776—187
(2) the positions to which those duties will be transferred;
and
(3) any provisions of law or Rules for Courts Martial that
must be amended or modified to fully complete the transfer.
(f) ADDITIONAL REPORTING RELATING TO IMPLEMENTATION OF
SUBTITLE D OF TITLE V OF THE NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2022.—Not later than February 1, 2025,
and annually thereafter for five years, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report assessing the holistic
effect of the reforms contained in subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81) on the military justice system. The report shall include
the following elements:
(1) An overall assessment of the effect such reforms have
had on the military justice system and the maintenance of
good order and discipline in the ranks.
(2) The percentage of caseload and courts-martial assessed
as meeting, or having been assessed as potentially meeting,
the definition of ‘‘covered offense’’ under section 801(17) of
title 10, United States Code (article 1(17) of the Uniform Code
of Military Justice) (as added by section 533 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117–81; 135 17 Stat. 1695)), disaggregated by offense and mili-
tary service where possible.
(3) An assessment of prevalence and data concerning dis-
position of cases by commanders after declination of prosecution
by special trial counsel, disaggregated by offense and military
service when possible.
(4) Assessment of the effect, if any, the reforms contained
in such subtitle have had on non-judicial punishment con-
cerning covered and non-covered offenses.
(5) A description of the resources and personnel required
to maintain and execute the reforms made by such subtitle
during the reporting period relative to fiscal year 2022.
(6) A description of any other factors or matters considered
by the Secretary to be important to a holistic assessment of
those reforms on the military justice system.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL TRIAL
COUNSEL.
(a) TECHNICAL CORRECTIONS.—Section 824a(c)(3) of title 10,
United States Code (article 24a(c)(3) of the Uniform Code of Military
Justice), is amended—
(1) by striking ‘‘Subject to paragraph (4)’’ and inserting
‘‘Subject to paragraph (5)’’; and
(2) in subparagraph (D), by striking ‘‘an ordered rehearing’’
and inserting ‘‘an authorized rehearing’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect immediately after the coming into effect of
the amendments made by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1692) as provided in section 539C of that Act (10 U.S.C.
801 note).
H. R. 7776—188
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.
(a) IN GENERAL.—Section 825(e) of title 10, United States Code
(article 25(e) of the Uniform Code of Military Justice), is amended
by adding at the end the following new paragraph:
‘‘(4) When convening a court-martial, the convening authority
shall detail as members thereof members of the armed forces under
such regulations as the President may prescribe for the randomized
selection of qualified personnel, to the maximum extent prac-
ticable.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date that is two years after the date
of the enactment of this Act and shall apply with respect to courts-
martial convened on or after that effective date.
(c) REGULATIONS.—Not later than the effective date specified
in subsection (b), the President shall prescribe regulations imple-
menting the requirement under paragraph (4) of section 825(e)
of title 10, United States Code (article 25(e) of the Uniform Code
of Military Justice), as added by subsection (a) of this section.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) WAIVER OF RIGHT TO APPEAL; WITHDRAWAL OF APPEAL.—
Section 861(d) of title 10, United States Code (article 61(d) of
the Uniform Code of Military Justice), is amended by striking
‘‘A waiver’’ and inserting ‘‘Except as provided by section 869(c)(2)
of this title (article 69(c)(2)), a waiver’’.
(b) JURISDICTION.—Section 866 of title 10, United States Code
(article 66 of the Uniform Code of Military Justice), is amended—
(1) in subsection (b)(1), by striking ‘‘shall have jurisdiction
over’’ and all that follows through the period at the end of
subparagraph (D) and inserting the following: ‘‘shall have juris-
diction over—
‘‘(A) a timely appeal from the judgment of a court-martial,
entered into the record under section 860c(a) of this title (article
60c(a)), that includes a finding of guilty; and
‘‘(B) a summary court-martial case in which the accused
filed an application for review with the Court under section
869(d)(1) of this title (article 69(d)(1)) and for which the applica-
tion has been granted by the Court.’’; and
(2) in subsection (c), by striking ‘‘is timely if’’ and all
that follows through the period at the end of paragraph (2)
and inserting the following: ‘‘is timely if—
‘‘(1) in the case of an appeal under subparagraph (A) of
such subsection, it is filed before the later of—
‘‘(A) the end of the 90-day period beginning on the
date the accused is provided notice of appellate rights
under section 865(c) of this title (article 65(c)); or
‘‘(B) the date set by the Court of Criminal Appeals
by rule or order; and
‘‘(2) in the case of an appeal under subparagraph (B) of
such subsection, an application for review with the Court is
filed not later than the earlier of the dates established under
section 869(d)(2)(B) of this title (article 69(d)(2)(B)).’’.
(c) REVIEW BY JUDGE ADVOCATE GENERAL.—Section 869 of title
10, United States Code (article 69 of the Uniform Code of Military
Justice), is amended—
(1) by amending subsection (a) to read as follows:
H. R. 7776—189
‘‘(a) IN GENERAL.—Upon application by the accused or receipt
of the record pursuant to section 864(c)(3) of this title (article
64(c)(3)) and subject to subsections (b), (c), and (d), the Judge
Advocate General may—
‘‘(1) with respect to a summary court-martial, modify or
set aside, in whole or in part, the findings and sentence; or
‘‘(2) with respect to a general or special court-martial, order
such court-martial to be reviewed under section 866 of this
title (article 66).’’; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ before ‘‘To qualify’’; and
(B) by striking ‘‘not later than one year after’’ and
all that follows through the period at the end and inserting
the following: ‘‘not later than—
‘‘(A) for a summary court-martial, one year after the date
of completion of review under section 864 of this title (article
64); or
‘‘(B) for a general or special court-martial, one year after
the end of the 90-day period beginning on the date the accused
is provided notice of appellate rights under section 865(c) of
this title (article 65(c)), unless the accused submitted a waiver
or withdrawal of appellate review under section 861 of this
title (article 61) before being provided notice of appellate rights,
in which case the application must be submitted to the Judge
Advocate General not later than one year after the entry of
judgment under section 860c of this title (article 60c).
‘‘(2) The Judge Advocate General may, for good cause shown,
extend the period for submission of an application, except that—
‘‘(A) in the case of an application for review of a summary
court martial, the Judge Advocate may not consider an applica-
tion submitted more than three years after the completion
date referred to in paragraph (1)(A); and
‘‘(B) in case of an application for review of a general or
special court-martial, the Judge Advocate may not consider
an application submitted more than three years after the end
of the applicable period under paragraph (1)(B).’’;
(3) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘section 864 or
865(b) of this title (article 64 or 65(b))’’ and inserting ‘‘sec-
tion 864 of this title (article 64)’’; and
(B) in paragraph (2), by striking ‘‘the Judge Advocate
General shall order appropriate corrective action under
rules prescribed by the President’’ and inserting ‘‘the Judge
Advocate General shall send the case to the Court of
Criminal Appeals’’; and
(4) in subsection (d)—
(A) in paragraph (1), by striking ‘‘under subsection
(c)—’’ and all that follows through ‘‘(B) in a case submitted’’
and inserting ‘‘under subsection (c)(1) in a case submitted’’;
and
(B) in paragraph (2), in the matter preceding subpara-
graph (A), by striking ‘‘paragraph (1)(B)’’ and inserting
‘‘paragraph (1)’’.
(d) APPLICABILITY.—The amendments made by this section shall
not apply to—
H. R. 7776—190
(1) any matter that was submitted before the date of the
enactment of this Act to a Court of Criminal Appeals estab-
lished under section 866 of title 10, United States Code (article
66 of the Uniform Code of Military Justice); or
(2) any matter that was submitted before the date of the
enactment of this Act to a Judge Advocate General under
section 869 of such title (article 69 of the Uniform Code of
Military Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF THE
AIR FORCE.
(a) IN GENERAL.—Section 1044f of title 10, United States Code,
is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘The policies shall’’ and inserting ‘‘Subject to
subsection (c), the policies shall’’;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new sub-
section:
‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF THE AIR
FORCE.—In establishing policies under subsection (a), the Secretary
of Defense shall—
‘‘(1) in lieu of providing for separate offices for the Air
Force and Space Force under subsection (a)(1), provide for
the establishment of a single dedicated office from which office
the activities of the special trial counsel of the Department
of the Air Force shall be supervised and overseen; and
‘‘(2) in lieu of providing for separate lead special trial
counsels for the Air Force and Space Force under subsection
(a)(2), provide for the appointment of one lead special trial
counsel who shall be responsible for the overall supervision
and oversight of the activities of the special trial counsel of
the Department of the Air Force.’’.
(b) EFFECTIVE DATE.—The amendments made subsection (a)
shall take effect immediately after the coming into effect of the
amendments made by section 532 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1694) as provided in section 539C of that Act (10 U.S.C.
801 note).
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT.
(a) DEFINITIONS.—Subsection (e) of section 1561 of title 10,
United States Code, as amended by section 543 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117–
81; 135 Stat. 1709), is amended to read as follows:
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘independent investigator’ means a civilian
employee of the Department of Defense or a member of the
Army, Navy, Marine Corps, Air Force, or Space Force who—
‘‘(A) is outside the immediate chain of command of
the complainant and the subject of the investigation; and
‘‘(B) is trained in the investigation of sexual harass-
ment, as determined by—
‘‘(i) the Secretary of Defense, in the case of a
civilian employee of the Department of Defense;
‘‘(ii) the Secretary of the Army, in the case of
a member of the Army;
H. R. 7776—191
‘‘(iii) the Secretary of the Navy, in the case of
a member of the Navy or Marine Corps; or
‘‘(iv) the Secretary of the Air Force, in the case
of a member of the Air Force or Space Force.
‘‘(2) The term ‘sexual harassment’ means conduct that con-
stitutes the offense of sexual harassment as punishable under
section 934 of this title (article 134) pursuant to the regulations
prescribed by the Secretary of Defense for purposes of such
section (article).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect immediately after the coming into effect of the
amendments made by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1709) as provided in subsection (c) of that section.
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND
WORKFORCE.
(a) ANNUAL PRIMARY PREVENTION RESEARCH AGENDA.—Section
549A(c) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1722) is amended—
(1) by redesignating paragraphs (2), (3), and (4) as para-
graphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following new para-
graphs:
‘‘(2) include a focus on whether and to what extent sub-
populations of the military community may be targeted for
interpersonal violence more than others;
‘‘(3) seek to identify factors that influence the prevention,
perpetration, and victimization of interpersonal and self-
directed violence;
‘‘(4) seek to improve the collection and dissemination of
data on hazing and bullying related to interpersonal and self-
directed violence;’’; and
(3) by amending paragraph (6), as redesignated by para-
graph (1) of this section, to read as follows:
‘‘(6) incorporate collaboration with other Federal depart-
ments and agencies, including the Department of Health and
Human Services and the Centers for Disease Control and
Prevention, State governments, academia, industry, federally
funded research and development centers, nonprofit organiza-
tions, and other organizations outside of the Department of
Defense, including civilian institutions that conduct similar
data-driven studies, collection, and analysis; and’’.
(b) PRIMARY PREVENTION WORKFORCE.—Section 549B of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1722) is amended—
(1) in subsection (c)—
(A) in paragraph (2), by striking ‘‘subsection (a)’’ and
inserting ‘‘paragraph (1)’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) COMPTROLLER GENERAL REPORT.—Not later than one
year after the date of the enactment of this paragraph, the
Comptroller General of the United States shall submit to the
congressional defense committees a report that—
H. R. 7776—192
‘‘(A) compares the sexual harassment and prevention
training of the Department of Defense with similar pro-
grams at other departments and agencies of the Federal
Government; and
‘‘(B) includes relevant data collected by colleges and
universities and other relevant outside entities on hazing
and bullying and interpersonal and self-directed violence.’’;
and
(2) by adding at the end the following new subsection:
‘‘(e) INCORPORATION OF RESEARCH AND FINDINGS.—The Sec-
retary of Defense shall ensure that the findings and conclusions
from the primary prevention research agenda established under
section 549A are regularly incorporated, as appropriate, within
the primary prevention workforce established under subsection (a).’’.
SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION
OF ARMY CID SPECIAL AGENT TRAINING COURSE.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2023 for the Army may be obligated or expended to relocate an
Army CID special agent training course until—
(1)(A) the Secretary of the Army submits to the Committees
on Armed Services of the Senate and the House of Representa-
tives—
(i) the evaluation and plan required by subsection (a)
of section 549C of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1724);
(ii) the implementation plan required by subsection
(b) of such section; and
(iii) a separate report on any plans of the Secretary
to relocate an Army CID special agent training course,
including an explanation of the business case for any
transfer of training personnel proposed as part of such
plan;
(B) the Secretary provides to the Committee on Armed
Services of the House of Representatives a briefing on the
contents of each report specified in subparagraph (A); and
(C) a period of 90 days has elapsed following the briefing
under subparagraph (B); and
(2) the Secretary submits a written certification to the
Committees on Armed Services of the Senate and the House
of Representatives indicating that the Army has fully complied
with subsection (c) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1724) with regard to locations at which military
criminal investigative training is conducted.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘relocate’’, when used with respect to an
Army CID special agent training course, means the transfer
of such course to a location different than the location used
for such course as of the date of the enactment of this Act.
(2) The term ‘‘Army CID special agent training course’’
means a training course provided to members of the Army
to prepare such members for service as special agents in the
Army Criminal Investigation Division.
H. R. 7776—193
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF THE
ARMY AND CERTAIN OTHER ORGANIZATIONS.
(a) REVIEW OF TITLING AN INDEXING DECISIONS.—Not later
than 180 days after the date of the enactment of this Act, the
Secretary of the Army shall review the case file of each member
or former member of the Army, the Army Reserve, or the Army
National Guard who was titled or indexed in connection with the
Guard Recruiting Assistance Program, the Army Reserve Recruiting
Assistance Program, or any related activity to determine the appro-
priateness of the titling or indexing decision that was made with
respect to such member or former member.
(b) FACTORS TO BE CONSIDERED.—In reviewing a titling or
indexing decision under subsection (a), the Secretary of the Army
shall consider—
(1) the likelihood that the member or former member to
whom the decision pertains will face future criminal prosecution
or other adverse action on the basis of the facts in the record
at the time of the review;
(2) the appropriate evidentiary standard to apply to the
review of the decision; and
(3) such other circumstances or factors as the Secretary
determines are in the interest of equity and fairness.
(c) NOTIFICATION AND APPEAL.—
(1) IN GENERAL.—Upon the completion of each review under
subsection (a), the Secretary of the Army shall notify the
member or former member concerned of such review, the dis-
position of the relevant instance of titling or indexing, and
the mechanisms the member or former member may pursue
to seek correction, removal, or expungement of that instance
of titling or indexing.
(2) NOTIFICATION OF NEXT OF KIN.—In a case in which
a member or former member required to be notified under
paragraph (1) is deceased, the Secretary of the Army shall
provide the notice required under such paragraph to the pri-
mary next of kin of the member or former member.
(d) ACTIONS BY THE SECRETARY OF THE ARMY.—If the Secretary
of the Army determines that correction, removal, or expungement
of an instance of titling or indexing is appropriate after considering
the factors under subsection (b), the Secretary of the Army may
request that the name, personally identifying information, and other
information relating to the individual to whom the titling or
indexing pertains be corrected in, removed from, or expunged from,
the following:
(1) A law enforcement or criminal investigative report of
the Department of Defense or any component of the Depart-
ment.
(2) An index item or entry in the Department of Defense
Central Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described
in paragraph (2), in any system of records, records database,
records center, or repository maintained by or on behalf of
the Department, including entries in the Federal Bureau of
Investigation’s Interstate Identification Index or any successor
system.
(e) REPORT OF SECRETARY OF THE ARMY.—Not later than 180
days after the completion of the review required by subsection
H. R. 7776—194
(a), the Secretary of the Army shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on the results of the review. The report shall include
the following:
(1) The total number of instances of titling and indexing
reviewed under such subsection.
(2) The number of cases in which action was taken to
correct, remove, or expunge an instance of titling or indexing.
(3) The number of members and former members who
remain titled after the conclusion of the review.
(4) The number of members and former members who
remain indexed after the conclusion of the review.
(5) A brief description of the reasons the members and
former members counted under paragraphs (3) and (4) remain
titled or indexed.
(6) Such other matters as the Secretary determines appro-
priate.
(f) SECRETARY OF DEFENSE REVIEW AND REPORT.—
(1) REVIEW.—The Secretary of Defense shall conduct a
review the titling and indexing practices of the criminal inves-
tigative organizations of the Armed Forces. Such review shall
include—
(A) an assessment of the practices of titling and
indexing and the continued relevance of such practices
to the operation of such criminal investigative organiza-
tions;
(B) an evaluation of the suitability of the evidentiary
requirements and related practices for titling and indexing
in effect at the time of the review; and
(C) the development of recommendations, as appro-
priate, to improve the consistency, accuracy, and utility
of the titling and indexing processes across such criminal
investigative organizations.
(2) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the review
conducted under paragraph (1).
(g) DEFINITIONS.—In this section:
(1) The term ‘‘titling’’ means the practice of identifying
an individual as the subject of a criminal investigation the
records of a military criminal investigative organization and
storing such information in a database or other records system.
(2) The term ‘‘indexing’’ means the practice of submitting
an individual’s name or other personally identifiable informa-
tion to the Federal Bureau of Investigation’s Interstate Identi-
fication Index, or any successor system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION OF MILITARY JUSTICE REFORM.
(a) BRIEFING AND REPORT REQUIRED.—
(1) BRIEFING.—Not later than March 1, 2023, and no less
frequently than once every 180 days thereafter through
December 31, 2024, each Secretary concerned shall provide
to the appropriate congressional committees a briefing that
details the resourcing necessary to implement subtitle D of
title V of the National Defense Authorization Act for Fiscal
H. R. 7776—195
Year 2022 (Public Law 117–81) and the amendments made
by that subtitle.
(2) REPORT.—Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall
submit to the appropriate congressional committees a report
that details the resourcing necessary to implement subtitle
D of title V of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81) and the amendments
made by that subtitle.
(3) FORM OF BRIEFING AND REPORT.—The Secretaries con-
cerned may provide the briefings and report required under
paragraphs (1) and (2) jointly, or separately, as determined
appropriate by such Secretaries.
(b) ELEMENTS.—The briefing and report required under sub-
section (a) shall address the following:
(1) The number of personnel and personnel authorizations
(military and civilian) required by the Armed Forces to imple-
ment and execute the provisions of subtitle D of title V of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81) and the amendments made by that sub-
title.
(2) The basis for the numbers provided pursuant to para-
graph (1), including the following:
(A) A description of the organizational structure in
which such personnel or groups of personnel are or will
be aligned.
(B) The nature of the duties and functions to be per-
formed by any such personnel or groups of personnel across
the domains of policy-making, execution, assessment, and
oversight.
(C) The optimum caseload goal assigned to the fol-
lowing categories of personnel who are or will participate
in the military justice process: criminal investigators of
different levels and expertise, laboratory personnel, defense
counsel, special trial counsel, military defense counsel, mili-
tary judges, military magistrates, and paralegals.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed
Force concerned.
(3) The nature and scope of any contract required by the
Armed Force concerned to implement and execute the provi-
sions of subtitle D of title V of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81) and the
amendments made by that subtitle.
(4) The amount and types of additional funding required
by the Armed Force concerned to implement the provisions
of subtitle D of title V of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81) and the amend-
ments made by that subtitle.
(5) Any additional authorities required to implement the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81)
and the amendments made by that subtitle.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping,
and resourcing of the Armed Forces to implement and execute
the provisions of subtitle D of title V of the National Defense
H. R. 7776—196
Authorization Act for Fiscal Year 2022 (Public Law 117–81)
and the amendments made by that subtitle.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, and the Com-
mittee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Transportation and Infrastructure, and the Committee
on Appropriations of the House of Representatives.
(2) The term ‘‘Secretary concerned’’ has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR
VICTIMS OF OFFENSES UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Defense Advisory Committee
on Investigation, Prosecution, and Defense of Sexual Assault in
the Armed Forces (referred to in this section as the ‘‘Advisory
Committee’’) shall submit to the Committees on Armed Services
of the Senate and the House of Representatives and each Secretary
concerned a report on the feasibility and advisability of establishing
a uniform policy for the sharing of the information described in
subsection (c) with a Special Victims’ Counsel, Victims’ Legal
Counsel, or other counsel representing a victim of an offense under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice).
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) An assessment of the feasibility and advisability of
establishing the uniform policy described in subsection (a),
including an assessment of the potential effects of such a policy
on—
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) If the Advisory Committee determines that the
establishment of such a policy is feasible and advisable, a
description of—
(A) the stages of the military justice process at which
the information described in subsection (c) should be made
available to counsel representing a victim; and
(B) any circumstances under which some or all of such
information should not be shared.
(3) Such recommendations for legislative or administrative
action as the Advisory Committee considers appropriate.
(c) INFORMATION DESCRIBED.—The information described in this
subsection is the following:
(1) Any recorded statements of the victim to investigators.
(2) The record of any forensic examination of the person
or property of the victim, including the record of any sexual
assault forensic exam of the victim that is in possession of
investigators or the Government.
(3) Any medical record of the victim that is in the posses-
sion of investigators or the Government.
H. R. 7776—197
(d) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMA-
TION.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, acting through the head of
the Sexual Assault Prevention and Response Office of the Depart-
ment of Defense, shall ensure that information on the availability
of legal resources from civilian legal service organizations is distrib-
uted to military-connected sexual assault victims in an organized
and consistent manner.
Subtitle F—Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY
SERVICE ACADEMY FOUNDATIONS.
(a) IN GENERAL.—Subchapter I of chapter 134 of title 10, United
States Code, is amended by inserting after section 2245 the end
the following new section:
‘‘§ 2246. Authorization of certain support for military service
academy foundations
‘‘(a) AUTHORITY.—Subject to subsection (b) and pursuant to
regulations prescribed by the Secretary of Defense, the Super-
intendent of a Service Academy may authorize a covered foundation
to use, on an unreimbursed basis, facilities or equipment of such
Service Academy.
‘‘(b) LIMITATIONS.—Use of facilities or equipment under sub-
section (a) may be provided only if such use—
‘‘(1) is without any liability of the United States to the
covered foundation;
‘‘(2) does not affect the ability of any official or employee
of the military department concerned, or any member of the
armed forces, to carry out any responsibility or duty in a
fair and objective manner;
‘‘(3) does not compromise the integrity or appearance of
integrity of any program of the military department concerned,
or any individual involved in such a program;
‘‘(4) does not include the participation of any cadet or
midshipman, other than participation in an honor guard at
an event of the covered foundation;
‘‘(5) complies with the Joint Ethics Regulation; and
‘‘(6) has been reviewed and approved by an attorney of
the military department concerned.
‘‘(c) BRIEFING.—In any fiscal year during which the Super-
intendent of a Service Academy exercises the authority under sub-
section (a), the Secretary of the military department concerned
shall provide a briefing not later than the last day of that fiscal
year to the Committees on Armed Services of the Senate and
House of Representatives regarding the number of events or activi-
ties of a covered foundation supported by such exercise during
such fiscal year.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered foundation’ means a charitable, edu-
cational, or civic nonprofit organization under section 501(c)(3)
H. R. 7776—198
of the Internal Revenue Code of 1986, that the Secretary con-
cerned determines operates exclusively to support, with respect
to a Service Academy, any of the following:
‘‘(A) Recruiting.
‘‘(B) Parent or alumni development.
‘‘(C) Academic, leadership, or character development.
‘‘(D) Institutional development.
‘‘(E) Athletics.
‘‘(2) The term ‘Service Academy’ has the meaning given
such term in section 347 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item
relating to item 2245 the following new item:
‘‘2246. Authorization of certain support for military service academy foundations.’’.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA WHO MAY
BE CONSIDERED FOR APPOINTMENT TO MILITARY
SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section 7442 of title
10, United States Code, is amended, in subsection (b)(5), by striking
‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (3) through
(10)’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8454 of title
10, United States Code, is amended, in subsection (b)(5), by striking
‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (3) through
(10)’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9442 of title
10, United States Code, is amended, in subsection (b)(5), by striking
‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (3) through
(10)’’.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFES-
SIONAL SPORT CONSTITUTES A BREACH OF AGREEMENT
TO SERVE AS AN OFFICER.
(a) UNITED STATES MILITARY ACADEMY.—Section 7448 of title
10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read
as follows:
‘‘(5) That the cadet may not obtain employment as a profes-
sional athlete until two years after the cadet graduates from
the Academy.’’.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
‘‘(4) A cadet who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph (1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
‘‘(2) that a cadet who obtains employment as a professional
athlete—
‘‘(A) in violation of paragraph (5) of subsection (a)
has breached an agreement under such subsection; and
‘‘(B) at least two years after the cadet graduates from
the Academy has not breached an agreement under sub-
section (a);’’.
H. R. 7776—199
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who is a
graduate of the Academy’’ and inserting ‘‘with respect to
a cadet’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘cadet’s’’.
(5) Subsection (f) is amended by striking ‘‘the terms’’ and
inserting ‘‘each term’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8459 of title
10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read
as follows:
‘‘(5) That the midshipman may not obtain employment
as a professional athlete until two years after the midshipman
graduates from the Academy.’’.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
‘‘(4) A midshipman who violates paragraph (5) of subsection
(a) is not eligible for the alternative obligation under paragraph
(1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
‘‘(2) that a midshipman who obtains employment as a
professional athlete—
‘‘(A) in violation of paragraph (5) of subsection (a)
has breached an agreement under such subsection; and
‘‘(B) at least two years after the midshipman graduates
from the Academy has not breached an agreement under
subsection (a);’’.
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who is a
graduate of the Academy’’ and inserting ‘‘with respect to
a midshipman’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘midshipman’s’’.
(5) Subsection (f) is amended by striking ‘‘the terms’’ and
inserting ‘‘each term’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9448 of title
10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read
as follows:
‘‘(5) That the cadet may not obtain employment as a profes-
sional athlete until two years after the cadet graduates from
the Academy.’’.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
‘‘(4) A cadet who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph (1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
‘‘(2) that a cadet who obtains employment as a professional
athlete—
H. R. 7776—200
‘‘(A) in violation of paragraph (5) of subsection (a)
has breached an agreement under such subsection; and
‘‘(B) at least two years after the cadet graduates from
the Academy has not breached an agreement under sub-
section (a);’’.
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who is a
graduate of the Academy’’ and inserting ‘‘with respect to
a cadet’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘cadet’s’’.
(5) Subsection (f) is amended by striking ‘‘the terms’’ and
inserting ‘‘each term’’.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY: TERMS OF PROVOSTS
AND CHIEF ACADEMIC OFFICERS.
(a) NAVAL POSTGRADUATE SCHOOL.—
(1) IN GENERAL.—Section 8543 of title 10, United States
Code, is amended—
(A) by striking ‘‘Academic Dean’’ each place it appears
and inserting ‘‘Chief Academic Officer’’;
(B) in subsection (a), by striking the second sentence
and inserting ‘‘An individual selected by the Secretary of
the Navy for the position of Provost and Chief Academic
Officer shall serve in that position for a term of not more
than five years and may be continued in that position
for an additional term of up to five years.’’
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) SECTION HEADING.—The heading of such section
is amended by striking ‘‘Academic Dean’’ and inserting
‘‘Chief Academic Officer’’.
(B) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 855 of such title is amended by
striking the item relating to section 8543 and inserting
the following new item:
‘‘8543. Provost and Chief Academic Officer.’’.
(C) CONFORMING AMENDMENT.—Section
8542(a)(4)(A)(ii)(II) of such title is amended by striking
‘‘permanently appointed to the position of Provost and Aca-
demic Dean’’ and inserting ‘‘selected for the position of
Provost and Chief Academic Officer’’.
(b) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.—
Subsection (b) of section 9414b of such title is amended—
(1) in the heading, by striking ‘‘ACADEMIC DEAN’’ and
inserting ‘‘CHIEF ACADEMIC OFFICER’’;
(2) by striking ‘‘Academic Dean’’ each place it appears
and inserting ‘‘Chief Academic Officer’’;
(3) in paragraph (1), by striking ‘‘appointed’’ and inserting
‘‘selected’’; and
(4) by striking paragraph (2) and inserting the following:
‘‘(2) TERM.—An individual selected for the position of Pro-
vost and Chief Academic Officer shall serve in that position
for a term of not more than five years and may be continued
in that position for an additional term of up to five years.’’.
H. R. 7776—201
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED
MEMBERS.
(a) IN GENERAL.—Subsection (a)(2)(D)(iii) of section 8545 of
title 10, United States Code, is amended by striking ‘‘only on
a space-available basis’’.
(b) BRIEFING.—Six years after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committees on
Armed Services of the Senate and House of Representatives on
the effects of increasing enrollment of enlisted members at the
Naval Postgraduate School pursuant to the amendment made by
subsection (a). Such briefing shall include the following elements:
(1) Any increase to the effectiveness, readiness, or lethality
of the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF
MILITARY SERVICE ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 7442 note) is amended by
adding at the end the following new subparagraph:
‘‘(C) Anything the Secretary determines to be signifi-
cant regarding gender, race, ethnicity, or other demo-
graphic information, described in subsection (b), of such
individuals.’’.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY EDU-
CATION.
(a) REPORT.—Not later than December 1, 2025, the Secretary
of Defense, in coordination with the Chairman of the Joint Chiefs
of Staff and the Secretaries of the military departments, shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the effectiveness of PME
in educating officers of the Armed Forces.
(b) ELEMENTS.—The Secretary of Defense shall include in the
report the following elements:
(1) DEFINITIONS; PURPOSE STATEMENT.—In order to improve
readiness and create a culture of lifelong learning for PME
students and faculty—
(A) recommendations regarding whether to define
PME, or to revise existing definitions in section 2151 of
title 10, United States Code; and
(B) a purpose statement for PME.
(2) COURSE OF STUDY.—With regards to a course of study
in PME—
(A) an analysis of, and legislative recommendations
regarding, the existing three-phase approach to JPME
under section 2154 of title 10, United States Code.
(B) legislative recommendations regarding developing
a statutory three-phase approach for PME other than
JPME, similar to such approach for JPME; and
(C) a proposed career learning plan, provided to an
officer every two years, to track the progress of such officer
in achieving PME and JPME outcomes and other career
milestones.
H. R. 7776—202
(3) CURRICULUM EVALUATION.—An evaluation of curricula
of institutions of PME, including—
(A) compliance with subject matter requirements under
chapter 107 of title 10, United States Code;
(B) legislative recommendations regarding such subject
matter requirements, including whether to include the
national defense strategy in such requirements;
(C) the curriculum development process, including
whether such process is responsive to changing global
threats, and any ways to improve such process to be able
to make rapid, relevant, and responsive curriculum
updates;
(D) current modes of instruction and related rec-
ommendations, including the use of interactive seminars,
war games, simulations, experiential learning, and iterative
case studies;
(E) special areas of focus regarding innovation,
including disruptive change, adaptive thinking, design
thinking, cyber security, artificial intelligence, applied
design for innovation, and other areas the Secretary deter-
mines appropriate; and
(F) the development and assessment of learning out-
comes regarding lethality and strategic influence.
(4) SYSTEMS OF ACCOUNTABILITY AND PERFORMANCE.—An
evaluation of the following accountability and performance sys-
tems:
(A) Student performance assessments.
(B) The documentation of student performance in mili-
tary service records.
(C) Consideration of student performance records in
the determination of assignments and promotions.
(D) Consideration of expertise or academic focus in
the determination of assignments.
(5) ACADEMIC FACULTY AND STUDENT REVIEW SYSTEM.—
A summary of current processes to review the following:
(A) The means by which faculty assigned to teach
PME (including members of the Armed Forces and civilian
personnel) are selected, managed, promoted, and evaluated.
(B) The academic freedom of faculty described in
subparagraph (A).
(C) A review of how members are selected for residen-
tial and non-residential PME, including the consideration
of student performance assessments during PME.
(6) INTERACTIONS OF WITH INSTITUTIONS OF PME CIVILIAN
INSTITUTIONS.—
(A) PARTNERSHIPS.—A review of existing academic
partnerships between institutions of PME and civilian
institutions, including—
(i) the scopes, purposes, and lengths of such part-
nerships;
(ii) any research, curriculum development, or
sharing of faculty or students between institutions;
and
(iii) any collaborations or exchanges by faculties
or students.
H. R. 7776—203
(B) CONSORTIUM.—An appraisal of a prospective
consortium of institutions of PME and civilian institutions,
including—
(i) the feasability and advisability of establishing
such a consortium;
(ii) recommendations, if any, regarding potential
consortium members;
(iii) the anticipated costs and timeline to establish
such a consortium; and
(iii) whether the inclusion of the Naval Post-
graduate School or Air Force Institute of Technology
in such a consortium would require legislation.
(7) ORGANIZATION.—With regards to the organizational
structure and lines of authority established pursuant to section
2152 of title 10, United States Code—
(A) an analysis; and
(B) any legislative recommendations.
(c) INTERIM BRIEFINGS AND FINAL REPORT.—
(1) INITIAL BRIEFING.—Not later than June 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate an
initial briefing on the progress of the Secretary in preparing
the report.
(2) INTERIM BRIEFINGS.—Every six months after the initial
briefing, the Secretary of Defense shall provide to the Commit-
tees on Armed Services of the House of Representatives and
the Senate an interim briefing on the progress and contents
of the report.
(3) FINAL BRIEFING.—Not later than December 1, 2025,
in conjunction with issuance of the final report, the Secretary
of Defense shall provide to the Committees on Armed Services
of the Senate and House of Representatives a final briefing
on the findings and recommendations in the report.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘institutions of PME’’ means—
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ‘‘intermediate level service school’’, ‘‘joint
intermediate level service school’’, and ‘‘senior level service
school’’ have the meaning given such terms in section 2151
of title 10, United States Code.
(3) The term ‘‘JPME’’ means ‘‘joint professional military
education’’ has the meaning given such term in section 2151
of title 10, United States Code.
(4) The term ‘‘PME’’ means professional military education,
including JPME.
(5) The term ‘‘professional military education schools’’
means the schools specified in section 2162(b) of title 10, United
States Code.
H. R. 7776—204
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF
PROFESSIONAL MILITARY EDUCATION.
(a) IN GENERAL.—Not later than December 1, 2023, the Sec-
retary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report regarding
the treatment of China in the curricula of institutions of military
education, including changes to such treatment implemented in
the five years preceding the date of such report.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘institutions of military education’’ means—
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ‘‘intermediate level service school’’, ‘‘joint
intermediate level service school’’, and ‘‘senior level service
school’’ have the meaning given such terms in section 2151
of title 10, United States Code.
(3) The term ‘‘professional military education schools’’
means the schools specified in section 2162 of title 10, United
States Code.
Subtitle G—Member Training and
Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) IN GENERAL.—Section 1143(e) of title 10, United States
Code, is amended—
(1) in the heading, by adding ‘‘; SKILLBRIDGE’’ after
‘‘TRAINING’’; and
(2) in paragraph (1), by adding at the end ‘‘Such a program
shall be known as ‘Skillbridge’.’’.
(b) REGULATIONS.—To carry out Skillbridge, the Secretary of
Defense shall, not later than September 30, 2023—
(1) update Department of Defense Instruction 1322.29,
titled ‘‘Job Training, Employment Skills Training, Apprentice-
ships, and Internships (JTEST-AI) for Eligible Service Mem-
bers’’; and
(2) develop a funding plan for Skillbridge that includes
funding lines across the future-years defense program under
section 221 of title 10, United States Code.
SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN
THE ARMY.
(a) ESTABLISHMENT.—Not later than January 1, 2024, the Sec-
retary of the Army shall implement a pilot program to expedite
in-processing and out-processing at one or more military installa-
tions—
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) FUNCTIONS.—The pilot program shall perform the following
functions:
H. R. 7776—205
(1) Enable the remote in-processing and out-processing of
covered personnel, including by permitting covered personnel
to sign forms electronically.
(2) Reduce the number of hours required of covered per-
sonnel for in-processing and out-processing.
(3) Provide, to covered personnel and the commander of
a military installation concerned, electronic copies of records
related to in-processing and out-processing.
(c) TERMINATION.—The pilot program shall terminate on
January 1st, 2027.
(d) REPORT.—Not later than January 1, 2026, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding the pilot program,
including the recommendation of the Secretary whether to make
the pilot program permanent.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered personnel’’ includes members of the
Army and civilian employees of the Department of the Army.
(2) The term ‘‘in-processing’’ means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station.
(3) The term ‘‘out-processing’’ means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station, separation from the Army, or
end of employment with the Department of the Army.
SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING FROM ACTIVE
DUTY WHO FILE CLAIMS FOR DISABILITY BENEFITS.
(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, and not later than each January
1 thereafter through 2025, the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, shall submit to the appro-
priate congressional committees a report on members of the Armed
Forces who file claims for disability benefits.
(b) ELEMENTS.—The report under this section shall include,
for the period beginning on October 1, 2019, through the month
that ended most recently before the date of the report, the number
of members serving on active duty, disaggregated by Armed Force,
who filed a claim for disability benefits—
(1) more than 180 days before the discharge or release
of such member from active duty;
(2) between 180 and 90 days before the discharge or release
of such member from active duty;
(3) fewer than 90 days before the discharge or release
of such member from active duty;
(4) before separation and was issued a decision letter before
the discharge or release of such member from active duty;
(5) before separation and was issued a decision letter after
the discharge or release of such member from active duty;
(6) completed a mental health evaluation before the dis-
charge or release of such member from active duty; and
(7) did not complete a mental health evaluation before
the discharge or release of such member from active duty.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
H. R. 7776—206
(1) The Committees on Armed Services of the Senate and
House of Representatives.
(2) The Committees on Veterans’ Affairs of the Senate
and House of Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE
IN STEM.
(a) STUDY ON MEMBERS AND CIVILIANS.—Not later than Sep-
tember 30, 2023, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Rep-
resentatives a briefing containing the results of a study on how
to increase participation of covered individuals in positions in the
covered Armed Forces or Department of Defense and related to
STEM.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ‘‘covered individual’’ means a female—
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of Defense.
(3) The term ‘‘STEM’’ means science, technology,
engineering, and mathematics.
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.
(a) IN GENERAL.—Section 1789 of title 10, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking ‘‘chaplain-led programs’’ and inserting
‘‘a chaplain-led program’’;
(B) by striking ‘‘members of the armed forces’’ and
all that follows through ‘‘status and their immediate family
members,’’ and inserting ‘‘a covered individual’’; and
(C) by inserting ‘‘, or to support the resiliency, suicide
prevention, or holistic wellness of such covered individual’’
after ‘‘structure’’;
(2) in subsection (b)—
(A) by striking ‘‘members of the armed forces and their
family members’’ and inserting ‘‘a covered individual’’;
(B) by striking ‘‘programs’’ and inserting ‘‘a program’’;
and
(C) by striking ‘‘retreats and conferences’’ and inserting
‘‘a retreat or conference’’; and
(3) by striking subsection (c) and inserting the following:
‘‘(c) COVERED INDIVIDUAL DEFINED.—In this section, the term
‘covered individual’ means—
‘‘(1) a member of the armed forces on active duty;
‘‘(2) a member of the reserve components in an active
status; or
H. R. 7776—207
‘‘(3) a dependent of an individual described in subparagraph
(A) or (B).’’.
(b) ANNUAL BRIEFINGS.—Not later than one year after the
date of the enactment of this Act, and annually thereafter for
five years, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a briefing on implementation of the amendments made by this
section. Each such briefing shall include the following:
(1) The frequency with which the Secretaries of the military
departments used the authority under such amendments in
the year preceding the date of the briefing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT
AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS: EXTENSION; REPORT.
(a) EXTENSION.—Section 589C(e) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 2164 note) is amended by
striking ‘‘four years after the date of the enactment of this Act’’
and inserting ‘‘on July 1, 2029’’.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than December 31, 2028, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the conduct of the pilot program under such section.
(2) ELEMENTS.—The report shall include a description of—
(A) the locations at which the pilot program is carried
out;
(B) the number of students participating in the pilot
program for each academic year by location; and
(C) the outcome measures used to gauge the value
of the pilot program to the Department of Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING
TRANSPORTATION OF REMAINS OF CASUALTIES.
Section 580A of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92) is amended by adding at
the end the following:
‘‘(c) TRANSPORTATION OF DECEASED MILITARY MEMBER.—In the
event of a death that requires the Secretary concerned to provide
a death benefit under subchapter II of chapter 75 of title 10,
United States Code, such Secretary—
‘‘(1) shall provide the next of kin or other appropriate
person a commercial air travel use waiver for the transportation
of deceased remains of military member who dies outside of—
‘‘(A) the United States; and
‘‘(B) a theater of combat operations; or
‘‘(2) may provide the next of kin or other appropriate person
a commercial air travel use waiver for the transportation of
deceased remains of military member who dies inside a theater
of combat operations.’’.
SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN
PERSONNEL.
(a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF
H. R. 7776—208
THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.—
(1) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS
OF MILITARY DEPENDENT STUDENTS.—Of the amount authorized
to be appropriated for fiscal year 2023 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$50,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (a)
of section 572 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(2) LOCAL EDUCATIONAL AGENCY DEFINED.—In this sub-
section, the term ‘‘local educational agency’’ has the meaning
given that term in section 7013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.—
(1) IN GENERAL.—Of the amount authorized to be appro-
priated for fiscal year 2023 pursuant to section 301 and avail-
able for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for payments under section 363 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398; 114 Stat.
1654A–77; 20 U.S.C. 7703a).
(2) ADDITIONAL AMOUNT.—Of the amount authorized to
be appropriated for fiscal year 2023 pursuant to section 301
and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies deter-
mined by the Secretary to have higher concentrations of mili-
tary dependent students with severe disabilities.
(3) REPORT.—Not later than March 31, 2023, the Secretary
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the evaluation of the
Secretary of each local educational agency with higher con-
centrations of military dependent students with severe disabil-
ities and subsequent determination of the amounts of impact
aid each such agency shall receive.
SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BEN-
EFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
WITH ENROLLMENT CHANGES DUE TO BASE CLOSURES,
FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.
(a) ASSISTANCE AUTHORIZED.—To assist communities in making
adjustments resulting from changes in the size or location of the
Armed Forces, the Secretary of Defense shall provide financial
assistance to an eligible local educational agency described in sub-
section (b) if, during the period between the end of the school
year preceding the fiscal year for which the assistance is authorized
and the beginning of the school year immediately preceding that
school year, the local educational agency—
(1) had (as determined by the Secretary of Defense in
consultation with the Secretary of Education) an overall
increase or reduction of—
H. R. 7776—209
(A) not less than five percent in the average daily
attendance of military dependent students in the schools
of the local educational agency; or
(B) not less than 500 military dependent students in
average daily attendance in the schools of the local edu-
cational agency; or
(2) is projected to have an overall increase, between fiscal
years 2023 and 2028, of not less than 500 military dependent
students in average daily attendance in the schools of the
local educational agency as the result of a signed record of
decision.
(b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local edu-
cational agency is eligible for assistance under subsection (a) for
a fiscal year if—
(1) 20 percent or more of students enrolled in schools
of the local educational agency are military dependent students;
and
(2) in the case of assistance described in subsection (a)(1),
the overall increase or reduction in military dependent students
in schools of the local educational agency is the result of one
or more of the following:
(A) The global rebasing plan of the Department of
Defense.
(B) The official creation or activation of one or more
new military units.
(C) The realignment of forces as a result of the base
closure process.
(D) A change in the number of housing units on a
military installation.
(E) A signed record of decision.
(c) CALCULATION OF AMOUNT OF ASSISTANCE.—
(1) PRO RATA DISTRIBUTION.—The amount of the assistance
provided under subsection (a) to a local educational agency
that is eligible for such assistance for a fiscal year shall be
equal to the product obtained by multiplying—
(A) the per-student rate determined under paragraph
(2) for that fiscal year; by
(B) the net of the overall increases and reductions
in the number of military dependent students in schools
of the local educational agency, as determined under sub-
section (a).
(2) PER-STUDENT RATE.—For purposes of paragraph (1)(A),
the per-student rate for a fiscal year shall be equal to the
dollar amount obtained by dividing—
(A) the total amount of funds made available for that
fiscal year to provide assistance under subsection (a); by
(B) the sum of the overall increases and reductions
in the number of military dependent students in schools
of all eligible local educational agencies for that fiscal year
under that subsection.
(3) MAXIMUM AMOUNT OF ASSISTANCE.—A local educational
agency may not receive more than $15,000,000 in assistance
under subsection (a) for any fiscal year.
(d) DURATION.—Assistance may not be provided under sub-
section (a) after September 30, 2028.
(e) NOTIFICATION.—Not later than June 30, 2023, and June
30 of each fiscal year thereafter for which funds are made available
H. R. 7776—210
to carry out this section, the Secretary of Defense shall notify
each local educational agency that is eligible for assistance under
subsection (a) for that fiscal year of—
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which the local edu-
cational agency is eligible.
(f) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse assistance made available under subsection (a) for a fiscal
year not later than 30 days after the date on which notification
to the eligible local educational agencies is provided pursuant to
subsection (e) for that fiscal year.
(g) BRIEFING REQUIRED.—Not later than March 1, 2023, the
Secretary of Defense shall brief the Committees on Armed Services
of the Senate and the House of Representatives on the estimated
cost of providing assistance to local educational agencies under
subsection (a) through September 30, 2028.
(h) ELIGIBLE USES.—Amounts disbursed to a local education
agency under subsection (f) may be used by such local educational
agency for—
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) FUNDING.—
(1) INCREASE.—Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to
be appropriated in section 301 for Operation and Maintenance,
Defense-wide, Department of Defense Education Activity, Line
390, as specified in the corresponding funding table in section
4301, is hereby increased by $15,000,000 for purposes of this
section.
(2) OFFSET.—Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to
be appropriated in section 301 for Operation and Maintenance,
Defense-wide, for Washington Headquarters Services, Line 500,
as specified in the corresponding funding table in section 4301,
is hereby reduced by $15,000,000.
(j) DEFINITIONS.—In this section:
(1) The term ‘‘base closure process’’ means any base closure
and realignment process conducted after the date of the enact-
ment of this Act under section 2687 of title 10, United States
Code, or any other similar law enacted after that date.
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 7013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ‘‘military dependent students’’ means—
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of
Defense.
(4) The term ‘‘State’’ means each of the several States
and the District of Columbia.
H. R. 7776—211
SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS INCLUSION
COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD
DEVELOPMENT CENTERS.
(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall carry out
a pilot program to hire special needs inclusion coordinators at
child development centers selected by the Secretary under sub-
section (b).
(b) SELECTION OF CENTERS.—The Secretary of Defense shall
select the child development centers at which the pilot program
required by subsection (a) will be carried out based on—
(1) the number of dependent children enrolled in the Excep-
tional Family Member Program at the military installation
on which the center in located;
(2) the number of children with special needs enrolled
in the center; and
(3) such other considerations as the Secretary, in consulta-
tion with the Secretaries of the military departments, considers
appropriate.
(c) FUNCTIONS.—Each special needs inclusion coordinator
assigned to a child development center under the pilot program
required by subsection (a) shall—
(1) coordinate intervention and inclusion services at the
center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the
increased complexity of working with the behaviors of children
with special needs.
(d) BRIEFINGS REQUIRED.—
(1) BRIEFING ON ANTICIPATED COSTS.—Not later than March
1, 2023, the Secretary of Defense shall provide to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a briefing on the anticipated costs for the pilot
program required by subsection (a).
(2) BRIEFING ON EFFECTIVENESS OF PROGRAM.—Not later
than September 30, 2025, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the pilot program
required by subsection (a) that includes—
(A) the number of special needs inclusion coordinators
hired under the pilot program;
(B) a description of any issues relating to the retention
of those coordinators;
(C) a recommendation with respect to whether the
pilot program should be made permanent or expanded to
other military installations; and
(D) an assessment of the amount of funding required
to make the pilot program permanent or expand the pilot
program to other military installations, as the Secretary
recommends under subparagraph (C).
(e) DURATION OF PILOT PROGRAM.—The pilot program required
by subsection (a) shall—
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) CHILD DEVELOPMENT CENTER DEFINED.—In this section,
the term ‘‘child development center’’ has the meaning given that
H. R. 7776—212
term in section 2871(2) of title 10, United States Code, and includes
a facility identified as a child care center or day care center.
SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSISTANCE.
(a) IN GENERAL.—Each Secretary concerned shall promote, to
members of the Armed Forces under the jurisdiction of such Sec-
retary concerned, awareness of child care assistance available
under—
(1) section 1798 of title 10, United States Code; and
(2) section 589 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116–283; 10 U.S.C. 1791 note).
(b) REPORTING.—Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report summarizing activities taken by such
Secretary concerned to carry out subsection (a).
(c) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given such term in section
101 of title 10, United States Code.
SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE HIRING.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall seek to convene an industry round-
table to discuss the hiring of military spouses. Such discussion
shall include the following elements:
(1) The value of, and opportunities to, private entities that
hire military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military spouses
encounter in the labor market.
(4) Gaps and opportunities in the labor market for military
spouses.
(5) Best hiring practices from industry leaders in human
resources.
(6) The benefits of portable licenses and interstate licensure
compacts for military spouses.
(b) PARTICIPANTS.—The participants in the roundtable shall
include the following:
(1) The Under Secretary of Defense for Personnel and
Readiness.
(2) The Assistant Secretary for Manpower and Reserve
Affairs of each military department.
(3) The Director of the Defense Human Resources Activity.
(4) Other officials of the Department of Defense the Sec-
retary of Defense determines appropriate.
(5) Private entities that elect to participate.
(c) NOTICE.—The Under Secretary shall publish notice of the
roundtable in multiple private sector forums and the Federal Reg-
ister to encourage participation in the roundtable by private entities
and entities interested in the hiring of military spouses.
(d) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and
House of Representatives on the lessons learned from the round-
table, including the recommendation of the Secretary whether to
convene the roundtable annually.
H. R. 7776—213
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE MILI-
TARY INTERSTATE CHILDREN’S COMPACT.
(a) RECOMMENDATIONS REQUIRED.—The Secretaries concerned,
in consultation with States through the Defense-State Liaison
Office, shall develop recommendations to improve the Military Inter-
state Children’s Compact.
(b) CONSIDERATIONS.—In carrying out subsection (a), the Secre-
taries concerned shall—
(1) identify any barriers—
(A) to the ability of a parent of a transferring military-
connected child to enroll the child, in advance, in an
elementary or secondary school in the State in which the
child is transferring, without requiring the parent or child
to be physically present in the State; and
(B) to the ability of a transferring military-connected
child who receives special education services to gain access
to such services and related supports in the State to which
the child transfers within the timeframes required under
the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.);
(2) consider the feasibility and advisability of—
(A) tracking and reporting the number of families who
use advanced enrollment in States that offer advanced
enrollment to military-connected children;
(B) States clarifying in legislation that eligibility for
advanced enrollment requires only written evidence of a
permanent change of station order, and does not require
a parent of a military-connected child to produce a rental
agreement or mortgage statement; and
(C) the Secretary of Defense, in coordination with the
Military Interstate Children’s Compact, developing a letter
or other memorandum that military families may present
to local educational agencies that outlines the protections
afforded to military-connected children by the Military
Interstate Children’s Compact; and
(3) identify any other actions that may be taken by the
States (acting together or separately) to improve the Military
Interstate Children’s Compact.
(c) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Secretaries concerned shall submit
to the Committees on Armed Services of the Senate and House
of Representatives, and to the States, a report setting forth the
recommendations developed under subsection (a).
(d) DEFINITIONS.—In this section:
(1) The terms ‘‘armed forces’’, ‘‘active duty’’ and ‘‘congres-
sional defense committees’’ have the meanings given those
terms in section 101 of title 10, United States Code.
(2) The terms ‘‘child’’, ‘‘elementary school’’, ‘‘local edu-
cational agency’’, ‘‘secondary school’’, ‘‘parent’’, and ‘‘State’’ have
the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ‘‘Military Interstate Children’s Compact’’
means the Interstate Compact on Educational Opportunity for
Military Children as described in Department of Defense
Instruction 1342.29, dated January 31, 2017 (or any successor
to such instruction).
H. R. 7776—214
(4) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense; and
(B) the Secretary of the department in which the Coast
Guard is operating, with respect to matters concerning
the Coast Guard when it is not operating as a service
in the Department of the Navy.
(5) The term ‘‘transferring military-connected child’’ means
the child of a parent who—
(A) is serving on active duty in the Armed Forces;
(B) is changing duty locations due to a permanent
change of station order; and
(C) has not yet established an ongoing physical pres-
ence in the State to which the parent is transferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PRO-
GRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS
OF THE ARMED FORCES FOR IN-HOME CHILD CARE.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the Sec-
retary of State, shall submit, to the Committees on Armed Services
of the Senate and House of Representatives, a briefing containing
the assessment of the Secretary of Defense of the feasibility, advis-
ability, and considerations of expanding eligibility for the pilot
program under section 589 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 10 U.S.C. 1791 note) to members of the Armed
Forces who participate in an exchange visitor program under section
62.31 of title 22, Code of Federal Regulations, or successor regula-
tion.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PARENTS
SERVING AS MEMBERS OF THE ARMED FORCES.
Not later than September 30, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing on regulations and rules
of the Department of Defense regarding single parents serving
as members of the Armed Forces. Such briefing shall include ways
the Secretary has determined to improve such regulations and
rules.
SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE
PROGRAMS.
Not later than September 30, 2023, and each calendar quarter
thereafter, the Secretary of Defense shall post, on a publicly acces-
sible website of the Department of Defense, information regarding
the Military Child Care in Your Neighborhood and Military Child
Care in Your Neighborhood-Plus programs, disaggregated by State,
ZIP code, and Armed Force. Such information shall include whether
each such provider is nationally accredited or rated by the Quality
Rating and Improvement System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDERALLY CON-
NECTED CHILDREN FOR PURPOSES OF FEDERAL IMPACT
AID PROGRAMS.
Not later than February 1, 2023, the Secretary of Defense,
in consultation with the Secretaries of the military departments,
H. R. 7776—215
shall brief the Committees on Armed Services of the Senate and
House of Representatives on the following:
(1) The feasibility of developing a process whereby the
commander of a military installation may certify the informa-
tion contained in impact aid source check forms received by
such commander from local educational agencies as of the date
of such certification.
(2) An estimate of resources, per military installation con-
cerned, necessary to implement such a process, including per-
sonnel, information technology, and other costs.
(3) The estimated time required to implement such a
process, including time for the Secretary of Defense to develop
guidance regarding such a process.
(4) The possible benefits of working with local educational
agencies to ensure that impact aid source check forms are
submitted appropriately to enable such certification.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF CHIL-
DREN ATTENDING SCHOOLS OPERATED BY THE DEPART-
MENT OF DEFENSE EDUCATION ACTIVITY.
(a) SENSE OF CONGRESS.—It is the sense of Congress that
the parent of a child who attends a school operated by the Depart-
ment of Defense Education Activity has parental rights as pre-
viously established by the Activity, including the following:
(1) The right to information about the curriculum and
instructional materials of the school.
(2) The right to be informed if the school or Department
of Defense Education Activity alters the school’s academic
standards or learning benchmarks.
(3) The right to meet with each teacher of their child
not less than twice during each school year, including meetings
in the form of parent-teacher conferences.
(4) The right to information about the budget of the school.
(5) The right to request information regarding the profes-
sional qualifications of their child’s classroom teacher.
(6) The right to address the school advisory committee
or the school board.
(7) The right to information about the school’s discipline
policy, including policies related to responding to any violent
activity in the school.
(8) The right to information about any plans to eliminate
gifted and talented programs or accelerated coursework at the
school.
(9) The right to be informed of the results of environmental
testing and safety at school facilities.
(b) REPORT.—Not later than six months after the date of the
enactment of this Act and consistent with the parental rights speci-
fied in subsection (a), the Director of the Department of Defense
Education Activity shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report on
the parental rights specified in such subsection. The report shall
include, with respect to the schools operated by the Department
of Defense Education Activity, an explanation of—
(1) how and where a parent may access information about
their rights;
(2) the accessibility of that information;
H. R. 7776—216
(3) how such schools inform parents of their rights and
the means to access such rights; and
(4) the uniformity of parental rights across such schools.
(c) DEFINITION.—In this section, the term ‘‘school operated by
the Department of Defense Education Activity’’ means—
(1) a Department of Defense domestic dependent
elementary or secondary school, as described in section 2164
of title 10, United States Code; or
(2) any other elementary or secondary school or program
for dependents operated by the Department of Defense Edu-
cation Activity.
Subtitle I—Decorations, Awards, and Other
Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR THE
CORRECTION OF MILITARY RECORDS TO REVIEW DETER-
MINATIONS REGARDING CERTAIN DECORATIONS.
Section 1552 of title 10, United States Code, is amended—
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting, after subsection (i), the following new
subsection:
‘‘(j) For a recommendation to award or upgrade a military
decoration or award submitted pursuant to section 1130 of this
title, a board determination in favor of the claimant shall allow
such a recommendation to proceed, and an award or upgrade to
be made by the applicable award authority, without regard to
the statutory time limitation contained in section 7274, section
8298, or section 9274 of this title, as the case may be.’’.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
FRED MCGEE FOR ACTS OF VALOR ON JUNE 16, 1952.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of cer-
tain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7272
of such title to Fred McGee for the acts of valor described
in the paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of Fred McGee as a corporal
in the Army on June 16, 1952, for which he was previously
awarded the Silver Star.
(b) AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
DAVID R. HALBRUNER FOR ACTS OF VALOR ON SEPTEMBER 11-12,
2012.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of cer-
tain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7272
of such title to David R. Halbruner for the acts of valor
described in the paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of David R. Halbruner as
H. R. 7776—217
a master sergeant in the Army on September 11-12, 2012,
for which he was previously awarded the Distinguished-Service
Cross.
SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO
GRADE OF GENERAL OF THE ARMIES OF THE UNITED
STATES.
The President is authorized to appoint Ulysses S. Grant post-
humously to the grade of General of the Armies of the United
States, equal to the rank and precedence held by General John
J. Pershing pursuant to the Act titled ‘‘An Act Relating to the
creation of the office of General of the Armies of the United States’’,
approved September 3, 1919 (41 Stat. 283, ch. 56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING OF THE
PURPLE HEART.
(a) PUBLICATION OF AWARD CRITERIA.—Not later than 180 days
after the date of the enactment of this Act, each Chief of an
Armed Force shall publish on a publicly available website of such
Armed Force includes a link to—
(1) a description of the background of the Purple Heart;
(2) the eligibility criteria for awarding the Purple Heart;
and
(3) contact information for the awards and decorations
liaison of such Armed Force to facilitate confirmation, by a
veteran or a veteran’s next of kin, whether a veteran was
awarded the Purple Heart after December 31, 2002.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, each Chief of an Armed Force shall submit
to the congressional defense committees a report on implementation
of the requirements under subsection (a). The report shall—
(1) provide background on the website described in such
subsection;
(2) include the number of requests received by the Armed
Force related to confirming the award of a Purple Heart;
(3) describe the average response time for confirming the
award of a Purple Heart in response to an inquiry from a
veteran or next of kin; and
(4) include recommendations for decreasing the amount
of time taken to respond to such inquiries.
Subtitle J—Miscellaneous Reports and
Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 115a of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(h) Not later than April 1 each year, the Secretary shall
submit to Congress a report that sets forth the following with
respect to personnel:
‘‘(1) The number of members of the Armed Forces who
are not citizens of the United States during the year covered
by such report.
‘‘(2) The immigration status of such members.
‘‘(3) The number of such members naturalized.’’.
H. R. 7776—218
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES:
MODIFICATIONS; CODIFICATION.
(a) REPEALS.—
(1) SUNSET.—Subsection (e) of section 597 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 10 U.S.C. 8013 note) is repealed.
(2) OBSOLETE PROVISION.—Subsection (f) of such section
is repealed.
(b) DEFINITIONS: ADDITION; CLERICAL IMPROVEMENTS.—Sub-
section (d) of such section—
(1) is amended—
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (2), and (1), respectively;
(B) by striking the heading of each such paragraph;
and
(C) by adding at the end the following new paragraph:
‘‘(4) The term ‘surface combatant vessel’ means any littoral
combat ship (including the LCS–1 and LCS–2 classes), frigate
(including the FFG–62 class), destroyer (excluding the DDG–
1000 class), or cruiser (including the CG–47 class).’’; and
(2) is redesignated as subsection (e).
(c) ESTABLISHMENT OF CERTAIN CREWING REQUIREMENT.—Such
section is amended by inserting, after subsection (c), the following
new subsection (d):
‘‘(d) CREWING OF A SURFACE COMBATANT VESSEL: PROHIBITION;
EXCEPTION.—(1) Beginning on October 1, 2025, the Secretary of
the Navy may not assign more than one crew to a covered ship
that is a surface combatant vessel if any surface combatant vessel
was included in a notification under subsection (a) during the
12 months preceding such assignment.
‘‘(2) The prohibition under paragraph (1) shall not apply to
a littoral combat ship configured to conduct mine countermeasures
if the Secretary of the Navy submits to the congressional defense
committees a certification and detailed explanation that such ship
is unable to meet operational requirements regarding mine counter-
measures, determined by the commander of a combatant command
concerned, with only one crew.’’.
(d) CODIFICATION.—
(1) IN GENERAL.—Such section, as amended by this section,
is transferred to chapter 825 of title 10, United States Code,
inserted after section 8226, and redesignated as section 8227.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding, after the
item relating to section 8226, the following new item:
‘‘8227. Notifications on manning of afloat naval forces.’’.
SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UPDATE CHAP-
LAINS HILL AT ARLINGTON NATIONAL CEMETERY.
Section 584(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 38 U.S.C. 2409 note) is
amended by adding at the end the following new paragraph:
‘‘(4) AUTHORITY OF SECRETARY OF THE ARMY.—The Sec-
retary of the Army may permit NCMAF to carry out any
action authorized by this subsection without regard to the
time limitation under section 2409(b)(2)(C) of title 38, United
States Code.’’.
H. R. 7776—219
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL FROM
ARLINGTON NATIONAL CEMETERY.
(a) DISINTERMENT.—Not later than September 30, 2023, the
Secretary of the Army shall disinter the remains of Andrew Chabrol
from Arlington National Cemetery.
(b) NOTIFICATION.—The Secretary of the Army may not carry
out subsection (a) until after notifying the next of kin of Andrew
Chabrol.
(c) DISPOSITION.—After carrying out subsection (a), the Sec-
retary of the Army shall—
(1) relinquish the remains to the next of kin described
in subsection (b); or
(2) if no such next of kin responds to notification under
subsection (b), arrange for disposition of the remains as the
Secretary of the Army determines appropriate.
SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED
FIREARMS.
(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a pilot program to promote the safe storage of personally owned
firearms.
(b) ELEMENTS.—Under the pilot program under subsection (a),
the Secretary of Defense shall furnish to members of the Armed
Forces who are participating in the pilot program at military
installations selected under subsection (e) locking devices or firearm
safes, or both, for the purpose of securing personally owned firearms
when not in use (including by directly providing, subsidizing, or
otherwise making available such devices or safes).
(c) PARTICIPATION.—
(1) VOLUNTARY PARTICIPATION.—Participation by members
of the Armed Forces in the pilot program under subsection
(a) shall be on a voluntary basis.
(2) LOCATION OF PARTICIPANTS.—A member of the Armed
Forces may participate in the pilot program under subsection
(a) carried out at a military installation selected under sub-
section (e) regardless of whether the member resides at the
military installation.
(d) PLAN.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a plan for the implementation of the pilot program
under subsection (a).
(e) SELECTION OF INSTALLATIONS.—Not later than two years
after the date of the enactment of this Act, the Secretary of Defense
shall select not fewer than five military installations at which
to carry out the pilot program under subsection (a).
(f) EFFECT ON EXISTING POLICIES.—Nothing in this section shall
be construed to circumvent or undermine any existing safe storage
policies, laws, or regulations on military installations.
(g) REPORT.—Upon the termination under subsection (h) of
the pilot program under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a report con-
taining the following information:
(1) The number and type of locking devices and firearm
safes furnished to members of the Armed Forces under the
pilot program.
(2) The cost of carrying out the pilot program.
H. R. 7776—220
(3) An analysis of the effect of the pilot program on suicide
prevention.
(4) Such other information as the Secretary may determine
appropriate, which shall exclude any personally identifiable
information about participants in the pilot program.
(h) TERMINATION.—The pilot program under subsection (a) shall
terminate on the date that is six years after the date of the enact-
ment of this Act.
SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE OR ISOLATED
MILITARY INSTALLATIONS.
(a) DETERMINATION.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall deter-
mine whether it is feasible and advisable to carry out a pilot
program to allow car sharing on more than two remote or isolated
military installations.
(b) AUTHORITY.—If the Secretary determines that such a pilot
program is feasible and advisable, the Secretary shall submit to
the congressional defense committees a plan to carry out the pilot
program not later than 90 days after such determination.
(c) PROGRAM ELEMENTS.—To carry out a pilot program under
this section, the Secretary shall take steps including the following:
(1) Seek to enter into an agreement with an entity that—
(A) provides car sharing services; and
(B) is capable of serving the selected military installa-
tions.
(2) Provide to members assigned to such military installa-
tions the resources the Secretary determines necessary to
participate in such pilot program.
(3) Promote such pilot program to such members as the
Secretary determines.
(d) DURATION.—A pilot program under this section shall termi-
nate two years after the Secretary commences such pilot program.
(e) REPORT.—Upon the termination of a pilot program under
this section, the Secretary of Defense shall submit to the congres-
sional defense committees a report containing the following informa-
tion:
(1) The number of individuals who used car sharing services
offered pursuant to the pilot program.
(2) The cost to the United States of the pilot program.
(3) An analysis of the effect of the pilot program on mental
health and community connectedness of members described
in subsection (b)(2).
(4) Other information the Secretary determines appro-
priate.
(f) MILITARY INSTALLATION DEFINED.—In this section, the term
‘‘military installation’’ has the meaning given such term in section
2801 of title 10, United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION ON
MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
briefing on the extent to which economic inflation has affected
members of the Armed Forces.
H. R. 7776—221
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR MEM-
BERS OF THE ARMED FORCES OVERSEAS.
(a) STUDY REQUIRED.—The Director of the Federal Voting
Assistance Program of the Department of Defense shall conduct
a study on means of improving access to voting for members of
the Armed Forces overseas.
(b) REPORT.—Not later than September 30, 2024, the Director
shall submit to Congress a report on the results of the study
conducted under subsection (a). The report shall include the fol-
lowing:
(1) The results of a survey, undertaken for purposes of
the study, of Voting Assistance Officers and members of the
Armed Forces overseas on means of improving access to voting
for such members, including through the establishment of unit-
level assistance mechanisms or permanent voting assistance
offices.
(2) An estimate of the costs and requirements in connection
with an expansion of the number of Voting Assistance Officers
in order to fully meet the needs of members of the Armed
Forces overseas for access to voting.
(3) A description and assessment of various actions to
be undertaken under the Federal Voting Assistance Program
in order to increase the capabilities of the Voting Assistance
Officer program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY MILITARY
JOB CODE.
(a) REPORT.—Not later than December 31, 2023, the Secretary
of Defense, in coordination with the Secretary of Homeland Security
with regards to the Coast Guard, shall conduct a review and submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the rates of suicides in the Armed
Forces, beginning after September 11, 2001, disaggregated by—
(1) year;
(2) military job code (Army military occupational specialty,
Navy enlisted classification or billet, Marine Corps military
occupational specialty, Air Force specialty code, or Coast Guard
rating); and
(3) whether the member was serving on active duty, in
the National Guard, or as a Reserve.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements:
(1) A compilation of suicide data by military job code to
determine which military career fields have a higher per capita
suicide rate compared to—
(A) other military career fields for the same period;
(B) the overall suicide rate for each Armed Force for
the same period;
(C) the overall suicide rate for the Department of
Defense for the same period; and
(D) the national suicide rate for the same period.
(2) A disaggregation of suicide data by age categories con-
sistent with the age categories used in the Department of
Defense Annual Suicide Report.
H. R. 7776—222
(c) INTERIM BRIEFING.—Not later than June 1, 2023, the Sec-
retary of Defense shall provide to the Committees on Armed Serv-
ices of the Senate and House of Representatives a briefing on
the preliminary findings of the review conducted under this section.
SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND TO
DEATHS BY SUICIDE IN THE NAVY.
(a) REVIEW REQUIRED.—The Inspector General of the Depart-
ment of Defense shall conduct a review of the efforts by the Sec-
retary of the Navy to—
(1) prevent incidents of deaths by suicide, suicide attempts,
and suicidal ideation among covered members; and
(2) respond to such incidents.
(b) ELEMENTS OF REVIEW.—The study conducted under sub-
section (a) shall include an assessment of each of the following:
(1) The extent of data collected regarding incidents of
deaths by suicide, suicide attempts, and suicidal ideation among
covered members, including data regarding whether such cov-
ered members are assigned to sea duty or shore duty at the
time of such incidents.
(2) The means used by commanders to prevent and respond
to incidents of deaths by suicide, suicide attempts, and suicidal
ideation among covered members.
(3) Challenges related to—
(A) the prevention of incidents of deaths by suicide,
suicide attempts, and suicidal ideation among members
of the Navy assigned to sea duty; and
(B) the development of a response to such incidents.
(4) The capacity of teams providing mental health services
to covered members to respond to incidents of suicidal ideation
or suicide attempts among covered members in the respective
unit each such team serves.
(5) The means used by such teams to respond to such
incidents, including the extent to which post-incident programs
are available to covered members.
(6) Such other matters as the Inspector General considers
appropriate in connection with the prevention of deaths by
suicide, suicide attempts, and suicidal ideation among covered
members.
(c) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the Depart-
ment of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report that includes
a summary of the results of the review conducted under subsection
(a).
(d) COVERED MEMBER DEFINED.—In this section the term ‘‘cov-
ered member’’ means a member of the Navy assigned to sea duty
or shore duty.
SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE
DEVELOPMENT OF THE PROFESSIONAL MILITARY ETHIC
OF THE SPACE FORCE.
(a) REPORT REQUIRED.—Not later than June 1, 2023, the Sec-
retary of the Air Force shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
officer personnel management and the development of the profes-
sional military ethic of the Space Force.
H. R. 7776—223
(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements:
(1) A description of issues related to officer development
in the Space Force, including—
(A) the professional military education model for
professional education of, and continual learning for, offi-
cers of the Space Force;
(B) the career development model for officers of the
Space Force, including key knowledge, skills, and attributes
expected of Space Force officers at each of the company
grade, field grade, and general officer levels;
(C) desired career trajectories for Space Force officers,
including key assignments throughout identified Space
Force career tracks and how the flexibility of the Space
Force Component proposal will be used to achieve these
desired career paths;
(D) how proposed constructive credit for civilian edu-
cation and non-military experience in related space
industry or government sectors will align with the proposed
PME and career development models; and
(E) how the Space Force Component proposal will
enable officers to achieve joint qualifications required for
promotion to general officer.
(2) A description of issues related to officer accessions of
the Space Force, including—
(A) the expected sources of commissioning for officers
of the Space Force, including the desired proportions of
officer assessments from the Reserve Officer Training
Corps, military service academies, Officer Training School,
and direct commissions at each grade above O-1;
(B) the role of proposed constructive credit for civilian
education and non-military experience in accessing officers
at each grade above O-1 and the extent to which the
Space Force plans to grant constructive credit in deter-
mining an officer’s entry grade at each grade above O-
1; and
(C) the role of targeted recruiting, as described in
the Guardian Ideal, for officer accessions, including how
it will work, how frequently it will be used, for what
positions, and how it will fit into overall officer accessions.
(3) A description of issues related to the professional mili-
tary ethic of the Space Force, including—
(A) how the proposed talent management system,
career development model, PME model, and proposed Space
Force Component structure will affect the development of
a unique military culture of the Space Force as an Armed
Force with space as a warfighting domain;
(B) the role of the professional military ethic in the
Space Force, including expectations of commissioned offi-
cers as public servants and military leaders;
(C) the expected role of civilian employees of the Space
Force in the development and stewardship of the Space
Force as an Armed Force, and how such employees are
distinct from members of the Space Force;
(D) the ethical implications of creating a force that
is designed to ‘‘partner effectively with other space-
interested entities,’’ as described in the Guardian Ideal,
H. R. 7776—224
and how the Space Force intends to address any ethical
conflicts arising from its desired close partnership with
non-military and non-governmental entities in private
industry; and
(E) the specific barriers between officers, enlisted mem-
bers, and civilian employees that are described as ‘‘unneces-
sary’’ in the Guardian Ideal, how and why such barriers
are unnecessary for the Space Force, and any statutory
or policy changes the Space Force proposes to remove such
barriers, including any proposed changes to the Uniform
Code of Military Justice.
(4) Any other issues related to personnel management and
professional development of officers of the Space Force that
the Secretary of the Air Force determines appropriate.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Guardian Ideal’’ means the document with
that title, dated September 17, 2021, and issued by the Chief
of Space Operations.
(2) The term ‘‘PME’’ means professional military education.
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 authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay authori-
ties.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay; trav-
el 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 housing
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 residing with
the member.
Sec. 614. Basic allowance for housing for members without dependents when home
port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for 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 congres-
sional 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 train-
ing 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 assign-
ment.
H. R. 7776—225
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 accu-
mulate 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.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection; training; report.
Subtitle F—Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur Autono-
mous 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; re-
port.
Subtitle A—Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) AUTHORITIES RELATING TO RESERVE FORCES.—Section 910(g)
of title 37, United States Code, relating to income replacement
payments for reserve component members experiencing extended
and frequent mobilization for active duty service, is amended by
striking ‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFES-
SIONALS.—The following sections of title 10, United States Code,
are amended by striking ‘‘December 31, 2022’’ and inserting
‘‘December 31, 2023’’:
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—Section
333(i) of title 37, United States Code, is amended by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sec-
tions of title 37, United States Code, are amended by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’:
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
H. R. 7776—226
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers’
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or pro-
ficiency bonus.
(9) Section 355(h), relating to retention incentives for mem-
bers qualified in critical military skills or assigned to high
priority units.
(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES
OF BASIC ALLOWANCE FOR HOUSING.—Section 403(b) of title 37,
United States Code, is amended—
(1) in paragraph (7)(E), by striking ‘‘December 31, 2022’’
and inserting ‘‘December 31, 2023’’; and
(2) in paragraph (8)(C), by striking ‘‘September 30, 2022’’
and inserting ‘‘December 31, 2023’’.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND
SPECIAL PAY AUTHORITIES.
(a) GENERAL BONUS AUTHORITY FOR ENLISTED MEMBERS.—
Section 331(c)(1) of title 37, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘$50,000’’ and inserting
‘‘$75,000’’; and
(2) in subparagraph (B), by striking ‘‘$30,000’’ and inserting
‘‘$50,000’’.
(b) SPECIAL BONUS AND INCENTIVE PAY AUTHORITIES FOR
NUCLEAR OFFICERS.—Section 333(d)(1)(A) of title 37, United States
Code, is amended by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’.
(c) SPECIAL AVIATION INCENTIVE PAY AND BONUS AUTHORITIES
FOR OFFICERS.—Section 334(c)(1) of title 37, United States Code,
is amended—
(1) in subparagraph (A), by striking ‘‘$1,000’’ and inserting
‘‘$1,500’’; and
(2) in subparagraph (B), by striking ‘‘$35,000’’ and inserting
‘‘$50,000’’.
(d) SKILL INCENTIVE PAY OR PROFICIENCY BONUS.—Section
353(c)(1)(A) of title 37, United States Code, is amended by striking
‘‘$1,000’’ and inserting ‘‘$1,750’’.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGNMENT
OR SPECIAL DUTY PAY; TRAVEL ALLOWANCE FOR MEM-
BERS OF THE ARMED FORCES ASSIGNED TO ALASKA.
(a) PAY.—Section 352(a)(2) of title 37, United States Code,
is amended by inserting ‘‘(including a cold weather location)’’ after
‘‘location’’.
(b) TRAVEL ALLOWANCE.—
(1) ESTABLISHMENT.—During the period specified in para-
graph (5), the Secretary of a military department shall
reimburse an eligible member of the armed forces for the cost
of airfare for that member to travel to the home of record
of the member.
(2) ELIGIBLE MEMBERS.—A member of the armed forces
is eligible for a reimbursement under paragraph (1) if—
(A) the member is assigned to a duty location in Alaska;
and
H. R. 7776—227
(B) an officer in a grade above O–5 in the chain of
command of the member authorizes the travel of the
member.
(3) TREATMENT OF TIME AS LEAVE.—The time during which
an eligible member is absent from duty for travel reimbursable
under paragraph (1) shall be treated as leave for purposes
of section 704 of title 10, United States Code.
(4) BRIEFING REQUIRED.—Not later than February 1, 2024,
the Secretary shall provide to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a briefing
on—
(A) the use and effectiveness of reimbursements under
paragraph (1);
(B) the calculation and use of the cost of living allow-
ance for a member assigned to a duty location in Alaska;
and
(C) the use of special pays and other allowances as
incentives for cold weather proficiency or duty location.
(5) PERIOD SPECIFIED.—The period specified in this para-
graph is the period—
(A) beginning on the date of the enactment of this
Act; and
(B) ending on December 31, 2023.
SEC. 604. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION
PROGRAM.
(a) PROGRAM REQUIREMENT.—The Secretary shall establish and
carry out within the Department of the Air Force a demonstration
program to assess and improve retention on active duty in the
Air Force of rated officers described in subsection (b).
(b) RATED OFFICERS DESCRIBED.—Rated officers described in
this subsection are rated officers serving on active duty in the
Air Force, excluding rated officers with a reserve appointment in
the Air National Guard or Air Force Reserve—
(1) whose continued service on active duty would be in
the best interest of the Department of the Air Force, as deter-
mined by the Secretary; and
(2) who have not more than three years and not less
than one year remaining on an active duty service obligation
under section 653 of title 10, United States Code.
(c) WRITTEN AGREEMENT.—
(1) IN GENERAL.—Under the demonstration program
required under subsection (a), the Secretary shall offer retention
incentives under subsection (d) to a rated officer described
in subsection (b) who executes a written agreement to remain
on active duty in a regular component of the Air Force for
not less than four years after the completion of the active
duty service obligation of the officer under section 653 of title
10, United States Code.
(2) EXCEPTION.—If the Secretary of the Air Force deter-
mines that an assignment previously guaranteed under sub-
section (d)(1) to a rated officer described in subsection (b) cannot
be fulfilled, the agreement of the officer under paragraph (1)
to remain on active duty shall expire not later than one year
after that determination.
(d) RETENTION INCENTIVES.—
H. R. 7776—228
(1) GUARANTEE OF FUTURE ASSIGNMENT LOCATION.—Under
the demonstration program required under subsection (a), the
Secretary may offer to a rated officer described in subsection
(b) a guarantee of future assignment locations based on the
preference of the officer.
(2) AVIATION BONUS.—Under the demonstration program
required under subsection (a), notwithstanding section 334(c)
of title 37, United States Code, the Secretary may pay to
a rated officer described in subsection (b) an aviation bonus
not to exceed an average annual amount of $50,000 (subject
to paragraph (3)(B)).
(3) COMBINATION OF INCENTIVES.—The Secretary may offer
to a rated officer described in subsection (b) a combination
of incentives under paragraphs (1) and (2).
(e) ANNUAL BRIEFING.—Not later than December 31, 2023, and
annually thereafter until the termination of the demonstration pro-
gram required under subsection (a), the Secretary shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing describing the use of such demonstra-
tion program and its effects on the retention on active duty in
the Air Force of rated officers described in subsection (b).
(f) DEFINITIONS.—In this section:
(1) RATED OFFICER.—The term ‘‘rated officer’’ means an
officer specified in section 9253 of title 10, United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Air Force.
(g) TERMINATION.—This section shall terminate on December
31, 2028.
Subtitle B—Allowances Other Than Travel
and Transportation Allowances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR PUR-
POSES OF ELIGIBILITY FOR BASIC NEEDS ALLOWANCE.
(a) IN GENERAL.—Section 402b(b) of title 37, United States
Code, is amended—
(1) by striking ‘‘130 percent’’ both places it appears and
inserting ‘‘150 percent’’; and
(2) in paragraph (2)—
(A) by inserting ‘‘(A)’’ before ‘‘the gross’’;
(B) by striking ‘‘; and’’ and inserting ‘‘; or’’; and
(C) by inserting at the end the following:
‘‘(B) if the Secretary concerned determines it appropriate
(based on location, household need, or special circumstance),
the gross household income of the member during the most
recent calendar year did not exceed an amount equal to 200
percent of the Federal poverty guidelines of the Department
of Health and Human Services for the location of the member
and the number of individuals in the household of the member
for such year; and’’.
(b) IMPLEMENTATION.—Not later than January 1, 2024, the
Secretary concerned (as defined in section 101 of title 37, United
States Code) shall modify the calculation of the basic needs allow-
ance under section 402b of title 37, United States Code, to imple-
ment the amendments made by subsection (a).
H. R. 7776—229
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC
ALLOWANCE FOR HOUSING IN CERTAIN AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is amended
by striking ‘‘2022’’ and inserting ‘‘2024’’.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE
FOR HOUSING FOR MEMBERS OF THE ARMED FORCES
WHOSE SOLE DEPENDENT DIES WHILE RESIDING WITH
THE MEMBER.
(a) AUTHORITY.—Section 403 of title 37, United States Code,
as amended by section 612, is further amended—
(1) by redesignating subsections (m) through (p) as sub-
sections (n) through (q); and
(2) by inserting after subsection (l) the following new sub-
section (m):
‘‘(m) TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE
FOR MEMBERS OF THE ARMED FORCES WHOSE SOLE DEPENDENT
DIES WHILE RESIDING WITH THE MEMBER.—(1) Notwithstanding
subsection (a)(2) or any other section of law, the Secretary of
Defense or the Secretary of the Department in which the Coast
Guard is operating, may, after the death of the sole dependent
of a member of the armed forces, continue to pay a basic allowance
for housing to such member at the rate paid to such member
on the date of such death if—
‘‘(A) such sole dependent dies—
‘‘(i) while the member is on active duty; and
‘‘(ii) while residing with the member, unless separated
by the necessity of military service or to receive institu-
tional care as a result of disability or incapacitation or
under such other circumstances as the Secretary concerned
may by regulation prescribe; and
‘‘(B) the member is not occupying a housing facility under
the jurisdiction of the Secretary concerned on the date of the
death of the sole dependent.
‘‘(2) The continuation of the rate of an allowance under this
subsection shall terminate upon the earlier of the following to
occur:
‘‘(A) The day that is one year after the date of the death
of the sole dependent.
‘‘(B) The permanent change of station, or permanent change
of assignment with movement of personal property and house-
hold goods under section 453(c) of this title, of the member.’’.
(b) CONFORMING AMENDMENT.—Section 2881a(c) of title 10,
United States Code, is amended by striking ‘‘section 403(n)’’ and
inserting ‘‘section 403(o)’’.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT
DEPENDENTS WHEN HOME PORT CHANGE WOULD FINAN-
CIALLY DISADVANTAGE MEMBER.
Subsection (p) of section 403 of title 37, United States Code,
as redesignated by section 612, is further amended in subsection
(p)—
(1) in the subsection heading, by striking ‘‘LOW-COST AND
NO-COST’’ and inserting ‘‘CERTAIN’’;
(2) by inserting ‘‘(1)’’ before ‘‘In the case of a member
who is assigned’’; and
(3) by adding at the end the following new paragraph:
H. R. 7776—230
‘‘(2)(A) In the case of a member without dependents who is
assigned to a unit that undergoes a change of home port or a
change of permanent duty station, if the Secretary concerned deter-
mines that it would be inequitable to base the member’s entitlement
to, and amount of, a basic allowance for housing on the new home
port or permanent duty station, the Secretary concerned may—
‘‘(i) waive the requirement to base the member’s entitle-
ment to, and amount of, a basic allowance for housing on
the new home port or permanent duty station member; and
‘‘(ii) treat that member for the purposes of this section
as if the unit to which the member is assigned did not undergo
such a change.
‘‘(B) The Secretary concerned may grant a waiver under
subparagraph (A) to not more than 100 members in a calendar
year.
‘‘(C) Not later than March 1 of each calendar year, the Secretary
concerned shall provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on the
use of the authority provided by subparagraph (A) during the pre-
ceding calendar year that includes—
‘‘(i) the number of members granted a waiver under
subparagraph (A) during that year; and
‘‘(ii) for each such waiver, an identification of—
‘‘(I) the grade of the member;
‘‘(II) the home port or permanent duty station of the
unit to which the member is assigned before the change
described in subparagraph (A); and
‘‘(III) the new home port or permanent duty station
of that unit.
‘‘(D) This paragraph shall cease to be effective on December
31, 2027.’’.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTAB-
LISHING BENEFITS FOR CERTAIN MEMBERS ASSIGNED TO
THE DEFENSE INTELLIGENCE AGENCY.
(a) REVIVIAL.—Section 491 of title 37, United States Code—
(1) is revived to read as it did immediately before its
repeal under section 604 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81); and
(2) is redesignated as section 431 of such title.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 7 of such title is amended by inserting, after
the item relating to section 427, the following new item:
‘‘431. Benefits for certain members assigned to the Defense Intelligence Agency.’’.
SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFI-
CERS WHO TRANSFER TO THE SPACE FORCE.
Subsection (d)(1) of section 606 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 134 Stat. 3672; 37 U.S.C. 416 note)
is amended by striking ‘‘September 30, 2022’’ and inserting ‘‘Sep-
tember 30, 2023’’.
SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUSTMENTS;
NOTICE TO CERTAIN CONGRESSIONAL COMMITTEES.
(a) ADJUSTMENTS.—
(1) REDUCTIONS: LIMITATION.—The Secretary of Defense
and the Secretary of the Department in which the Coast Guard
H. R. 7776—231
is operating may reduce the cost-of-living allowance for a
member of the Armed Forces assigned to a duty station located
outside the United States—
(A) not more than once every six months; or
(B) in connection with a permanent change of station
for such member.
(2) INCREASES.—The Secretary of Defense and the Secretary
of the Department in which the Coast Guard is operating
may increase the allowance described in paragraph (1) for
a member of the Armed Forces at any time.
(b) NOTICE.—The Secretary of Defense shall notify the Commit-
tees on Armed Services of the Senate and House of Representatives
not less than 180 days before modifying a table used to calculate
the living allowance described in subsection (a).
(c) BRIEFING.—Not later than March 1, 2023, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a briefing containing—
(1) the determination of the Secretary regarding the effects
of this section on the allowance described in subsection (a);
(2) an assessment of the representative market basket of
goods and services used to determine such allowance, including
the methodology to identify such market basket and the fre-
quency with which such allowance is adjusted; and
(3) the methodology and process by which surveys
regarding such allowance are updated, including the average
response rates and the efforts undertaken to ensure a represent-
ative sample of beneficiaries are surveyed.
Subtitle C—Travel and Transportation
Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES:
COMPLEX OVERHAUL.
Section 452 of title 37, United States Code, is amended, in
subsection (b)—
(1) by redesignating the second paragraph (18) as para-
graph (21); and
(2) by adding at the end the following new paragraphs:
‘‘(22) Permanent change of assignment to or from a naval
vessel undergoing nuclear refueling or defueling and any
concurrent complex overhaul, even if such assignment is within
the same area as the current assignment of the member.
‘‘(23) Current assignment to a naval vessel entering or
exiting nuclear refueling or defueling and any concurrent com-
plex overhaul.’’.
SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A MEMBER OF
THE UNIFORMED SERVICES FOR SPOUSAL BUSINESS
COSTS ARISING FROM A PERMANENT CHANGE OF STA-
TION.
(a) IN GENERAL.—Section 453 of title 37, United States Code,
is amended, in subsection (g)—
(1) in the heading, by inserting ‘‘OR BUSINESS COSTS’’ after
‘‘RELICENSING COSTS’’;
(2) in paragraph (1), by inserting ‘‘or qualified business
costs’’ after ‘‘qualified relicensing costs’’;
H. R. 7776—232
(3) in paragraph (2)—
(A) by inserting ‘‘(A)’’ before ‘‘Reimbursement’’;
(B) by inserting ‘‘for qualified relicensing costs’’ after
‘‘subsection’’;
(C) by striking ‘‘$1000’’ and inserting ‘‘$1,000’’; and
(D) by adding at the end the following new subpara-
graph:
‘‘(B) Reimbursement provided to a member under this sub-
section for qualified business costs may not exceed $1,000 in connec-
tion with each reassignment described in paragraph (1).’’;
(4) in paragraph (3), by inserting ‘‘or qualified business
costs’’ after ‘‘qualified relicensing costs’’;
(5) in paragraph (4)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘business license, permit,’’ after ‘‘courses,’’;
(B) in subparagraph (A)—
(i) by inserting ‘‘, or owned a business,’’ before
‘‘during’’;
(ii) by inserting ‘‘professional’’ before ‘‘license’’; and
(iii) by inserting ‘‘, or business license or permit,’’
after ‘‘certification’’; and
(C) in subparagraph (B)—
(i) by inserting ‘‘professional’’ before ‘‘license’’; and
(ii) by inserting ‘‘, or business license or permit,’’
after ‘‘certification’’; and
(6) by adding at the end the following new paragraph:
‘‘(5) In this subsection, the term ‘qualified business costs’ means
costs, including moving services for equipment, equipment removal,
new equipment purchases, information technology expenses, and
inspection fees, incurred by the spouse of a member if—
‘‘(A) the spouse owned a business during the member’s
previous duty assignment and the costs result from a movement
described in paragraph (1)(B) in connection with the member’s
change in duty location pursuant to reassignment described
in paragraph (1)(A); and
‘‘(B) the costs were incurred or paid to move such business
to a new location in connection with such reassignment.’’.
(b) BRIEFING.—Not later than one year after the date of the
enactment of this Act, each Secretary of a military department
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing regarding implementation
of the amendments made by subsection (a), including—
(1) the number of times such Secretary used the authority
under such amendments; and
(2) the costs to the Federal Government arising from such
usage.
SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS FOR
SPOUSE RELICENSING COSTS PURSUANT TO A PERMA-
NENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by
section 622, is further amended, in subsection (g)(3), by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2029’’.
H. R. 7776—233
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED SERV-
ICES FOR COSTS TO RELOCATE A PET THAT ARISE FROM
A PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by
sections 622, and 623, is further amended by adding at the end
the following new subsection:
‘‘(h) REIMBURSEMENT FOR TRANSPORTATION OF PETS ARISING
FROM CERTAIN PERMANENT CHANGES OF STATIONS.—(1) The Sec-
retary concerned may reimburse a member for any cost related
to the relocation of a pet that arises from a permanent change
of station of such member within the continental United States.
Such reimbursement may not exceed $550 for each such permanent
change of station.
‘‘(2) The Secretary concerned may reimburse a member for
any cost related to the relocation of a pet that arises from a
permanent change of station of such member to or from a duty
station located outside the continental United States. Such
reimbursement may not exceed $4,000 for each such 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.
Section 453 of title 37, United States Code, as amended by
sections 622, 623, and 624, is further amended by adding at the
end the following new subsection:
‘‘(i) ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION
INSTITUTION OR TRAINING CLASSES.—
‘‘(1) The Secretary of the military department concerned
may authorize temporary duty status, and travel and transpor-
tation allowances payable to a member in such status, for
a member under the jurisdiction of such Secretary who is
reassigned—
‘‘(A) between duty stations located within the United
States;
‘‘(B) for a period of not more than one year;
‘‘(C) for the purpose of participating in professional
military education or training classes,
‘‘(D) with orders to return to the duty station where
the member maintains primary residence and the depend-
ents of such member reside.
‘‘(2) If the Secretary of the military department concerned
assigns permanent duty status to a member described in para-
graph (1), such member shall be eligible for travel and transpor-
tation allowances including the following:
‘‘(A) Transportation, including mileage at the same
rate paid for a permanent change of station.
‘‘(B) Per diem while traveling between the permanent
duty station and professional military education institution
or training site.
‘‘(C) Per diem paid in the same manner and amount
as temporary lodging expenses.
‘‘(D) Per diem equal to the amount of the basic allow-
ance for housing under section 403 of this title paid to
a member—
‘‘(i) in the grade of such member;
H. R. 7776—234
‘‘(ii) without dependents;
‘‘(iii) who resides in the military housing area in
which the professional military education institution
or training site is located.
‘‘(E) Movement of household goods in an amount deter-
mined under applicable regulations.’’.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO
TRAVEL AND TRANSPORTATION AUTHORITIES.
(a) BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT
OF 1985.—Section 256(g)(2)(B)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (2 U.S.C. 906(g)(2)(B)(ii)) is
amended by striking ‘‘sections 403a and 475’’ and inserting ‘‘sections
403b and 405’’.
(b) TITLE 5.—Title 5, United States Code, is amended—
(1) in section 4109(a)(2)—
(A) in subparagraph (A), by striking ‘‘sections 474 and
475’’ and inserting ‘‘sections 405 and 452’’; and
(B) in subparagraph (B), by striking ‘‘sections 476 and
479’’ and inserting ‘‘sections 452 and 453(c)’’;
(2) in section 5725(c)(2)(B), by striking ‘‘section
476(b)(1)(H)(iii)’’ and inserting ‘‘subsections (c) and (d) of section
453’’; and
(3) in section 5760—
(A) in subsection (c), by striking ‘‘section 481h(b)’’ and
inserting ‘‘section 451(a)’’; and
(B) in subsection (d)—
(i) in paragraph (2), by striking ‘‘section 474(d)’’
and inserting ‘‘section 464’’; and
(ii) in paragraph (3), by striking ‘‘section
481h(d)(1)’’ and inserting ‘‘section 452(d)’’.
(c) TITLE 10.—Title 10, United States Code, is amended—
(1) in section 710—
(A) in subsection (f)(4)(A), in the matter preceding
clause (i), by striking ‘‘section 474’’ and inserting ‘‘section
452’’; and
(B) in subsection (h)(4), by striking ‘‘section 481f’’ and
inserting ‘‘section 453(f)’’;
(2) in section 1174a(b)(2)(B), by striking ‘‘sections 474 and
476’’ and inserting ‘‘sections 452 and 453(c)’’;
(3) in section 1175(j), by striking ‘‘sections 474 and 476’’
and inserting ‘‘sections 452 and 453(c)’’;
(4) in section 1175a(e)(2)(B), by striking ‘‘sections 474 and
476’’ and inserting ‘‘sections 452 and 453(c)’’;
(5) in section 1491(d)(3), by striking ‘‘section 495(a)(2)’’
and inserting ‘‘section 435(a)(2)’’;
(6) in section 2013(b)(2)—
(A) in subparagraph (A), by striking ‘‘sections 474 and
475’’ and inserting ‘‘sections 405 and 452’’; and
(B) in subparagraph (B), by striking ‘‘sections 476 and
479’’ and inserting ‘‘sections 452 and 453(c)’’;
(7) in section 2493(a)(4)(B)(ii), by striking ‘‘section 481f(d)’’
and inserting ‘‘section 453(f)’’;
(8) in section 2613(g), by striking ‘‘section 481h(b)’’ and
inserting ‘‘section 451(a)’’; and
(9) in section 12503—
H. R. 7776—235
(A) in subsection (a), in the second sentence, by striking
‘‘sections 206 and 495’’ and inserting ‘‘sections 206 and
435’’;
(B) in subsection (b)(2)(A), by striking ‘‘section 495’’
and inserting ‘‘section 435’’; and
(C) in subsection (c), by striking ‘‘chapter 7’’ and
inserting ‘‘section 452’’.
(d) TITLE 14.—Section 2764 of title 14, United States Code,
is amended, in the first and third sentences, by striking ‘‘subsection
(b) of section 476’’ and inserting ‘‘section 453(c)’’.
(e) TITLE 32.—Section 115 of title 32, United States Code,
is amended—
(1) in subsection (a), in the third sentence, by striking
‘‘sections 206 and 495’’ and inserting ‘‘sections 206 and 435’’;
(2) in subsection (b)(2)(A), by striking ‘‘section 495’’ and
inserting ‘‘section 435’’; and
(3) in subsection (c), by striking ‘‘chapter 7’’ and inserting
‘‘section 452’’.
(f) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS ACT OF 2002.—Section 236(f)(4)(A)
of the National Oceanic and Atmospheric Administration Commis-
sioned Officer Corps Act of 2002 (33 U.S.C. 3036(f)(4)(A)) is
amended, in the matter preceding clause (i), by striking ‘‘section
474’’ and inserting ‘‘section 452’’.
(g) TITLE 36.—Section 2101(b)(2) of title 36, United States
Code, is amended by striking ‘‘section 475’’ and inserting ‘‘section
405’’.
(h) TITLE 37.—Title 37, United States Code, is amended—
(1) in section 403—
(A) in subsection (d)(2)(A), by striking ‘‘section 476’’
and inserting ‘‘section 452’’; and
(B) in subsection (g)—
(i) in paragraph (2), in the second sentence, by
striking ‘‘section 474’’ and inserting ‘‘section 452’’; and
(ii) in paragraph (3), by striking ‘‘section 476’’ and
inserting ‘‘section 453(c)’’;
(2) in section 420(b), by striking ‘‘sections 474–481’’ and
inserting ‘‘section 452’’;
(3) in section 422(a), by striking ‘‘section 480’’ and inserting
‘‘section 452’’;
(4) in section 427—
(A) in subsection (a)(1)(A), by striking ‘‘section 476’’
and inserting ‘‘section 452’’; and
(B) in subsection (c)(1), by striking ‘‘section 476’’ and
inserting ‘‘section 452’’;
(5) in section 433(b), by striking ‘‘section 474(d)(2)(A)’’ and
inserting ‘‘section 452’’;
(6) in section 451(a)(2)(H)—
(A) in clause (i), by striking ‘‘section 481f’’ and inserting
‘‘section 453(f)’’;
(B) in clause (ii), by striking ‘‘section 481h’’ and
inserting ‘‘section 452(b)(12)’’;
(C) in clause (iii), by striking ‘‘section 481j’’ and
inserting ‘‘section 452(b)(13)’’;
(D) in clause (iv), by striking ‘‘section 481k’’ and
inserting ‘‘section 452(b)(14)’’; and
H. R. 7776—236
(E) in clause (v), by striking ‘‘section 481l’’ and
inserting ‘‘section 452(b)(15)’’;
(7) in section 1002(b)(1), by striking ‘‘section 474(a)–(d),
and (f),’’ and inserting ‘‘section 452’’;
(8) in section 1003, by striking ‘‘sections 402–403b, 474–
477, 479–481, and 414’’ and inserting ‘‘sections 402 through
403b, 405, 414, 452, and 453’’; and
(9) in section 1006(g)—
(A) by striking ‘‘section 477’’ and inserting ‘‘section
452(c)(2)’’; and
(B) by striking ‘‘section 475a(a)’’ and inserting ‘‘section
452(b)(11)’’.
(i) CHILD NUTRITION ACT OF 1966.—Section 17(d)(2)(B)(ii) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is
amended by striking ‘‘section 475’’ and inserting ‘‘section 405’’.
SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF THE ARMED
FORCES FOR CERTAIN CHILD CARE COSTS INCIDENT TO
A PERMANENT CHANGE OF STATION OR ASSIGNMENT.
(a) ESTABLISHMENT.—The Secretary of Defense shall carry out
a pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of station
or assignment.
(b) TRAVEL AND TRANSPORTATION ALLOWANCES.—Under the
pilot program, the Secretary of Defense shall treat a designated
child care provider as an authorized traveler if child care is not
available to a member of the Armed Forces at a military child
development center at the permanent duty location of such member
not later than 30 days after the member arrives at such location.
(c) REIMBURSEMENT OF CERTAIN CHILD CARE COSTS.—
(1) AUTHORITY.—Under the pilot program, the Secretary
of Defense may reimburse a member of the Armed Forces
for travel expenses for a designated child care provider when—
(A) the member is reassigned, either as a permanent
change of station or permanent change of assignment, to
a new duty station;
(B) the movement of the member’s dependents is
authorized at the expense of the United States under sec-
tion 451 of title 37, United States Code, as part of the
reassignment;
(C) child care is not available at a military child
development center at such duty station not later than
30 days after the member arrives at such duty station;
and
(D) the dependent child is on the wait list for child
care at such military child development center.
(2) MAXIMUM AMOUNTS.—Reimbursement provided to a
member under this subsection may not exceed—
(A) $500 for a reassignment between duty stations
within the continental United States; and
(B) $1,500 for a reassignment involving a duty station
outside of the continental United States.
(3) DEADLINE.—A member may not apply for reimburse-
ment under this subsection later than one year after a reassign-
ment described in paragraph (1).
(4) CONCURRENT RECEIPT PROHIBITED.—In the event a
household contains more than one member eligible for
H. R. 7776—237
reimbursement under this subsection, reimbursement may be
paid to one member among such members as such members
shall jointly elect.
(d) REPORT.—Not later than January 1, 2027, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the pilot program,
including the recommendation of the Secretary whether to make
the pilot program permanent.
(e) TERMINATION.—The pilot program shall terminate on Sep-
tember 30, 2028.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘authorized traveler’’ has the meaning given
such term in section 451 of title 37, United States Code.
(2) The term ‘‘designated child care provider’’ means an
adult selected by a member of the armed forces to provide
child care to a dependent child of such member.
(3) The term ‘‘military child development center’’ has the
meaning given such term in section 1800 of title 10, United
States Code.
Subtitle D—Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND
ACCUMULATION.
(a) REPEAL OF OBSOLETE AUTHORITY.—Section 701 of title 10,
United States Code, is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as sub-
sections (d) through (l).
(b) CONFORMING AMENDMENTS TO SECTION 701 OF TITLE 10.—
Section 701 of title 10, United States Code, is amended—
(1) in subsection (b), by striking ‘‘subsections (d), (f), and
(g)’’ and inserting ‘‘subsections (e) and (f)’’;
(2) in subsection (f), as redesignated by subsection (a)(2),
in the first sentence, by striking ‘‘subsections (b), (d), and
(f)’’ and inserting ‘‘subsections (b) and (e)’’; and
(3) in subsection (i), as so redesignated, in the first sen-
tence, by striking ‘‘subsections (b), (d), and (f)’’ and inserting
‘‘subsections (b) and (e)’’.
(c) CONFORMING AMENDMENTS TO OTHER PROVISIONS OF LAW.—
(1) TITLE 14.—Section 2508(a) of title 14, United States
Code, is amended by striking ‘‘section 701(f)(2)’’ and inserting
‘‘section 701(e)’’.
(2) TITLE 37.—Title 37, United States Code, is amended—
(A) in section 501—
(i) in subsection (b)(6), by striking ‘‘120 days of
leave under section 701(f)(1)’’ and inserting ‘‘90 days
of leave under section 701(e)’’; and
(ii) in subsection (h), by striking ‘‘section 701(g)’’
and inserting ‘‘section 701(f)’’; and
(B) in section 502(b), by striking ‘‘section 701(h)’’ and
inserting ‘‘section 701(g)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
take effect on January 1, 2023.
H. R. 7776—238
SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE
ARMED FORCES TO ACCUMULATE LEAVE IN EXCESS OF
60 DAYS.
(a) IN GENERAL.—Section 701 of title 10, United States Code,
as amended by section 631, is further amended by striking sub-
section (e) and inserting the following:
‘‘(e)(1) The Secretary concerned, under uniform regulations to
be prescribed by the Secretary of Defense, may authorize a member
described in paragraph (2) to retain not more than 30 days of
excess leave.
‘‘(2) A member described in this paragraph is a member who—
‘‘(A)(i) serves on active duty for a continuous period of
at least 120 days for which the member is entitled to special
pay under section 310(a) of title 37; or
‘‘(ii) is assigned to a deployable ship or mobile unit or
to other duty designated for the purposes of this section;
‘‘(B) except for this subsection, would lose any excess leave
at the end of the fiscal year; and
‘‘(C) receives, from the first officer in a grade above O-
6 in the chain of command of such member, written authoriza-
tion to retain such excess leave.
‘‘(3) Excess leave retained by a member under this subsection
shall be forfeited unless used before the end of the second fiscal
year after the end of the fiscal year in which the service or assign-
ment described in paragraph (2)(A) terminated.
‘‘(4) In this subsection, the term ‘excess leave’ means leave
accrued by a member in excess of the number of days of leave
authorized to be accumulated under subsection (b).’’.
(b) TRANSITION RULE.—Leave in excess of 90 days, accumulated
by a member of the Armed Forces under section 701 of such title
before the effective date under subsection (c), is forfeited unless—
(1) used by the member on or before September 30, 2026;
or
(2) the retention of such leave is otherwise authorized
by law.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
takes effect on January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED
FORCES.
(a) IN GENERAL.—Section 701 of title 10, United States Code,
as amended by sections 631 and 632, is further amended by adding
at the end the following new subsection:
‘‘(m)(1) Except as provided by subsection (h)(3), and under
regulations prescribed by the Secretary of Defense, a member of
the armed forces diagnosed with a medical condition is allowed
convalescent leave if—
‘‘(A) the medical or behavioral health provider of the
member—
‘‘(i) determines that the member is not yet fit for duty
as a result of that condition; and
‘‘(ii) recommends such leave for the member to provide
for the convalescence of the member from that condition;
and
‘‘(B) the commanding officer of the member or the com-
mander of the military medical treatment facility authorizes
such leave for the member.
H. R. 7776—239
‘‘(2) A member may take not more than 30 days of convalescent
leave under paragraph (1) with respect to a condition described
in that paragraph unless—
‘‘(A) such leave in excess of 30 days is authorized by—
‘‘(i) the Secretary concerned; or
‘‘(ii) an individual at the level designated by the Sec-
retary concerned, but not below the grade of O–5 or the
civilian equivalent; or
‘‘(B) the member is authorized to receive convalescent leave
under subsection (h)(3) in conjunction with the birth of a child.
‘‘(3)(A) Convalescent leave may be authorized under paragraph
(1) only for a medical condition of a member and may not be
authorized for a member in connection with a condition of a
dependent or other family member of the member.
‘‘(B) In authorizing convalescent leave for a member under
paragraph (1) with respect to a condition described in that para-
graph, the commanding officer of the member or the commander
of the military medical treatment facility, as the case may be,
shall—
‘‘(i) limit the duration of such leave to the minimum nec-
essary in relation to the diagnosis, prognosis, and probable
final disposition of the condition of the member; and
‘‘(ii) authorize leave tailored to the specific medical needs
of the member rather than (except for convalescent leave pro-
vided for under subsection (h)(3)) authorizing leave based on
a predetermined formula.
‘‘(4) A member taking convalescent leave under paragraph (1)
shall not have the member’s leave account reduced as a result
of taking such leave.
‘‘(5) In this subsection, the term ‘military medical treatment
facility’ means a facility described in subsection (b), (c), or (d)
of section 1073d of this title.’’.
(b) TREATMENT OF CONVALESCENT LEAVE FOR BIRTH OF
CHILD.—Paragraph (4) of subsection (h) of such section, as redesig-
nated by section 632, is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(4)’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) Convalescent leave may be authorized under subparagraph
(A) only for a medical condition of a member and may not be
authorized for a member in connection with a condition of a
dependent or other family member of the member.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2023.
Subtitle E—Family and Survivor Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS
OF A DECEASED MEMBER OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(11)(A) Delivery of personal effects of a decedent to the
next of kin or other appropriate person.
‘‘(B) If the Secretary concerned enters into an agreement
with an entity to carry out subparagraph (A), the Secretary
H. R. 7776—240
concerned may, at the request of the person described in such
subparagraph, pursue a claim against such entity that arises
from the failure of such entity to substantially perform such
subparagraph.
‘‘(C) If an entity described in subparagraph (B) fails to
substantially perform subparagraph (A) by damaging, losing,
or destroying the personal effects of a decedent, the Secretary
concerned shall reimburse the person designated under sub-
section (c) the greater of $1,000 or the fair market value of
such damage, loss, or destruction. The Secretary concerned
may request, from the person designated under subsection (c),
proof of fair market value and ownership of the personal
effects.’’.
SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD CARE
EMPLOYEES.
Section 1793 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d) CHILD CARE EMPLOYEE DISCOUNT.—The Secretary of
Defense may, to support recruitment and retention initiatives,
charge a child care employee, whose child attends a military child
development center, a reduced fee for such attendance.’’.
SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.
(a) ELECTIONS BY PERSONS NOT CURRENTLY PARTICIPATING IN
SURVIVOR BENEFIT PLAN.—
(1) ELECTION OF SBP COVERAGE.—An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open season described in subsection (e).
(2) ELIGIBLE RETIRED OR FORMER MEMBERS.—For purposes
of paragraph (1), an eligible retired or former member is a
member or former member of the uniformed services who,
on or before the day before the first day of the open season
described in subsection (e)—
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code (or chapter 67 of
such title as in effect before October 5, 1994), but for
the fact that such member or former member is under
60 years of age.
(3) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS.—
(A) STANDARD ANNUITY.—A person making an election
under paragraph (1) by reason of eligibility under para-
graph (2)(A) shall be treated for all purposes as providing
a standard annuity under the Survivor Benefit Plan.
(B) RESERVE-COMPONENT ANNUITY.—A person making
an election under paragraph (1) by reason of eligibility
under paragraph (2)(B) shall be treated for all purposes
as providing a reserve-component annuity under the Sur-
vivor Benefit Plan.
(4) PREMIUMS FOR OPEN SEASON.—
(A) PREMIUMS TO BE CHARGED.—The Secretary of
Defense shall prescribe in regulations premiums that a
person who makes an election under paragraph (1) shall
be required to pay for participating in the Survivor Benefit
Plan pursuant to the election.
(B) AMOUNT OF PREMIUMS.—The total amount of the
premiums to be paid by a person under the regulations
H. R. 7776—241
prescribed under subparagraph (A) shall be equal to the
sum of—
(i) the total amount by which the retired pay of
the person would have been reduced before the effective
date of the election under subsection (d) if the person
had elected to participate in the Survivor Benefit Plan
(for the same base amount specified in the election)
at the first opportunity that was afforded the person
to participate under chapter 73 of title 10, United
States Code;
(ii) interest on the amount by which the retired
pay of the person would have been so reduced, com-
puted from the date on which the retired pay would
have been so reduced at such rate or rates and
according to such methodology as the Secretary deter-
mines reasonable; and
(iii) any additional amount that the Secretary
determines necessary to protect the actuarial sound-
ness of the Department of Defense Military Retirement
Fund against any increased risk for the fund that
is associated with the election.
(C) PREMIUMS TO BE CREDITED TO RETIREMENT FUND.—
Premiums paid under the regulations prescribed under
subparagraph (A) shall be credited to the Department of
Defense Military Retirement Fund.
(b) ELECTIONS BY PERSONS CURRENTLY PARTICIPATING IN SUR-
VIVOR BENEFIT PLAN.—
(1) ELECTION OF TO DISCONTINUE SBP PARTICIPATION.—A
person participating in the Survivor Benefit Plan on the day
before the first day of the open season described in subsection
(e) may elect to discontinue such participation during the open
season.
(2) CONSENT OF BENEFICIARIES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), a person described in paragraph (1) may not make
an election under that paragraph without the concurrence
of—
(i) each designated beneficiary of such person
under the Survivor Benefit Plan; and
(ii) the spouse of such person, if such person is
married.
(B) EXCEPTION WHEN BENEFICIARY UNAVAILABLE.—A
person may make an election under paragraph (1) without
a concurrence required under subparagraph (2) if the per-
son establishes to the satisfaction of the Secretary con-
cerned—
(i) that the whereabouts of the spouse or bene-
ficiary, as the case may be, cannot be determined;
or
(ii) that, due to exceptional circumstances,
requiring the person to seek the consent of the spouse
or beneficiary, as the case may be, would otherwise
be inappropriate.
(3) TREATMENT OF PREMIUMS.—
(A) DISCONTINUATION OF REDUCTIONS IN PAY.—As of
the effective date under subsection (d) of an election by
a person under paragraph (1), the Secretary concerned
H. R. 7776—242
shall discontinue the reduction being made in the retired
pay of the person arising from participation in the Survivor
Benefit Plan or, in the case of a person who has been
required to make deposits in the Treasury on account of
participation in the Survivor Benefit Plan, that person
may discontinue making such deposits effective on such
effective date.
(B) TREATMENT OF PREVIOUS REDUCTIONS.—A person
who makes an election under paragraph (1) is not entitled
to a refund of any reduction or deposit described in
subparagraph (A) made before such effective date.
(c) MANNER OF MAKING ELECTIONS.—
(1) IN GENERAL.—An election under subsection (a) or (b)
shall be made in writing, signed by the person making the
election, and received by the Secretary concerned before the
end of the open season described in subsection (e).
(2) CONDITIONS.—Except as provided in paragraph (3), an
election under subsection (a) shall be made subject to the
same conditions, and with the same opportunities for designa-
tion of beneficiaries and specification of base amount, that
apply under the Survivor Benefit Plan.
(3) ELECTION MUST BE VOLUNTARY.—An election under sub-
section (a) or (b) is not effective unless the person making
the election declares the election to be voluntary. An election
under subsection (a) or (b) to participate or not to participate
in the Survivor Benefit Plan may not be required by any
court. An election by a person under subsection (a) to partici-
pate in the Survivor Benefit Plan is not subject to the concur-
rence of a spouse or former spouse of the person.
(4) DESIGNATION WITH RESPECT TO RESERVE-COMPONENT
ANNUITY.—A person making an election under subsection (a)
to provide a reserve-component annuity shall make a designa-
tion described in section 1448(e) of title 10, United States
Code.
(d) EFFECTIVE DATE FOR ELECTIONS.—An election under sub-
section (a) or (b) shall be effective on the first day of the first
calendar month following the month in which the election is received
by the Secretary concerned.
(e) OPEN SEASON DESCRIBED.—The open season described in
this subsection is the period beginning on the date of the enactment
of this Act and ending on January 1, 2024.
(f) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provi-
sions of sections 1449, 1453, and 1454 of title 10, United States
Code, are applicable to a person making an election, and to an
election, under subsection (a) or (b) in the same manner as if
the election were made under the Survivor Benefit Plan.
(g) DEFINITIONS.—In this section:
(1) The terms ‘‘base amount’’, ‘‘reserve-component annuity’’,
and ‘‘standard annuity’’ have the meanings given those terms
in section 1447 of title 10, United States Code.
(2) The term ‘‘Department of Defense Military Retirement
Fund’’ means the fund established under section 1461(a) of
title 10, United States Code.
(3) The term ‘‘retired pay’’ includes retainer pay.
(4) The terms ‘‘Secretary concerned’’ and ‘‘uniformed serv-
ices’’ have the meanings given those terms in section 101 of
title 37, United States Code.
H. R. 7776—243
(5) The term ‘‘Survivor Benefit Plan’’ means the program
established under subchapter II of chapter 73 of title 10, United
States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD CARE:
BRIEFING.
(a) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a briefing regarding child
care at military installations of the covered Armed Forces—
(1) that are not served by a military child development
center; or
(2) where the military child development center has few
available spots.
(b) ELEMENTS.—The briefing under subsection (a) shall include
the following elements:
(1) With regards to each military installation described
in such subsection:
(A) The current and maximum possible enrollment at
the military child development center (if one exists).
(B) Plans of the Secretary to expand an existing, or
construct a new, military child development center.
(C) The resulting capacity of each military child
development center described in subparagraph (B).
(D) The median cost of services at accredited child
care facilities located near such military installation com-
pared to the amount of assistance provided by the Secretary
of the military department concerned to members for child
care services.
(2) Any policy recommendations of the Secretary of
Defense—
(A) to address the rising cost of child care near military
installations; and
(B) regarding the rates of child care fee assistance
provided to members of the covered Armed Forces.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ‘‘military child development center’’ has the
meaning given such term in section 1800 of title 10, United
States Code.
SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA
COLLECTION; TRAINING; REPORT.
(a) DATA COLLECTION.—Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness, in coordination with the Under Secretary
for Food, Nutrition, and Consumer Services of the Department
of Agriculture, shall—
(1) develop a survey, in collaboration with the Department
of Agriculture, to determine how many members of the Armed
Forces serving on active duty, and dependents of such members,
are food insecure;
(2) issue the survey to such members and dependents;
H. R. 7776—244
(3) collect data related to the number of such members
and dependents who—
(A) are eligible for the basic needs allowance under
section 402b of title 37, United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members and
dependents, of Federal nutrition assistance programs,
including—
(i) the supplemental nutrition assistance program
under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(ii) the special supplemental nutrition program for
women, infants, and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786); and
(iii) the school lunch program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.), and the school breakfast program under sec-
tion 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773);
(4) develop and carry out a plan to train and designate
an individual who will assist members at military installations
on how and where to refer such members and their dependents
for participation in Federal nutrition assistance programs
described in paragraph (3)(C); and
(5) coordinate efforts of the Department of Defense to
address food insecurity and nutrition.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, and annually thereafter for the four subse-
quent years, the Under Secretary of Defense for Personnel & Readi-
ness shall submit to the congressional defense committees, the
Committees on Agriculture and Education and Labor of the House
of Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate, a report including the following:
(1) The number of members of the Armed Forces serving
on active duty and their dependents who are food insecure.
(2) The number of such members and their dependents
who use the Federal nutrition assistance programs described
in subsection (a)(3).
(3) The number of such members and their dependents
described in subsection (a)(3).
(4) The status of implementation of the plan under sub-
section (a)(5).
Subtitle F—Defense Resale Matters
SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION IN COM-
MISSARIES AND EXCHANGES.
(a) PROHIBITION.—Subchapter III of chapter 147 of title 10,
United States Code, is amended by adding at the end the following
new section:
H. R. 7776—245
‘‘§ 2496. Sale of certain goods from the Xinjiang Uyghur
Autonomous Region prohibited
‘‘(a) PROHIBITION.—The Secretary of Defense may not knowingly
permit the sale, at a commissary store or military exchange, of
any good, ware, article, or merchandise—
‘‘(1) containing any product mined, produced, or manufac-
tured, wholly or in part, by forced labor from the XUAR; or
‘‘(2) from an entity that has used labor from within or
transferred from XUAR as part of a ‘poverty alleviation’ or
‘pairing assistance’ program.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘forced labor’ means any work or service
that is exacted from any person under the menace of any
penalty for nonperformance and that the worker does not offer
to perform.
‘‘(2) The term ‘XUAR’ means the Xinjiang Uyghur Autono-
mous Region of the People’s Republic of China.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the
following new item:
‘‘2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region prohib-
ited.’’.
Subtitle G—Miscellaneous Studies,
Briefings and Reports
SEC. 661. STUDY ON BASIC PAY.
(a) IN GENERAL.—The Secretary of Defense shall seek to enter
into an agreement with a nonprofit entity or a federally funded
research and development center to conduct research and analysis
on the value of basic pay for members of the Armed Forces. The
Secretary may include such research and analysis in the next
quadrennial review of military compensation.
(b) ELEMENTS.—The research and analysis conducted under
subsection (a) shall include the following:
(1) An assessment of the model used to determine the
basic pay in the current basic pay tables, including—
(A) an analysis of whether to update the current model
to meet the needs of the 2023 employment market;
(B) a historical understanding of when the current
model was established and how frequently it has been
during the last 10 years;
(C) an understanding of the assumptions on which
the model is based and how such assumptions are vali-
dated;
(D) an analysis of time-in-grade requirements and how
they may affect retention and promotion; and
(E) an assessment of how recruiting and retention
information is used to adjust the model.
(2) An assessment of whether to modify current basic pay
tables to consider higher rates of pay for specialties the Sec-
retary determines are in critical need of personnel.
(3) An analysis of—
H. R. 7776—246
(A) how basic pay has compared with civilian pay
since the 70th percentile benchmark for basic pay was
established; and
(B) whether to change the 70th percentile benchmark.
(4) An assessment of whether—
(A) to adjust the annual increase in basic pay, currently
guided by changes in the Employment Cost Index as a
measure of the growth in private-sector employment costs;
or
(B) to use a different index, such as the Defense
Employment Cost Index.
(5) Legislative and policy recommendations regarding basic
pay table based on analyses and assessments under paragraphs
(1) through (4).
(c) BRIEFINGS AND PROGRESS REPORT.—
(1) INTERIM BRIEFING.—Not later than April 1, 2023, the
Secretary shall provide to the appropriate congressional
committees an interim briefing on the elements described in
subsection (b).
(2) PROGRESS REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a progress report
on the study under this section.
(3) FINAL BRIEFING.—Not later than two years after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a final briefing
on the study under this section.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR HOUSING.
(a) REPORT; ELEMENTS.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the department in which the
Coast Guard is operating, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
BAH. Such report shall contain the following elements:
(1) The evaluation of the Secretary—
(A) of the efficiency and accuracy of the current system
used to calculate BAH;
(B) the appropriateness of using mean and median
housing costs in such calculation;
(C) of existing MHAs, in relation to choices in, and
availability of, housing to servicemembers;
(D) of the suitability of the six standard housing pro-
files in relation to the average family sizes of
servicemembers, disaggregated by uniformed service, rank,
and MHA;
(E) of the flexibility of BAH to respond to changes
in real estate markets; and
(F) of residential real estate processes to determine
rental rates.
(2) The recommendation of the Secretary—
H. R. 7776—247
(A) regarding the feasibility of including information,
furnished by Federal entities, regarding school districts,
in calculating BAH;
(B) whether to calculate BAH more frequently,
including in response to a sudden change in the housing
market;
(C) whether to enter into an agreement with a covered
entity, to compile data and develop an enterprise grade,
objective, data-driven algorithm to calculate BAH;
(D) whether to publish the methods used by the Sec-
retary to calculate BAH on a publicly accessible website
of the Department of Defense; and
(E) whether BAH calculations appropriately account
for increased housing costs associated with Coast Guard
facilities.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘BAH’’ means the basic allowance for housing
for members of the uniformed services under section 403 of
title 37, United States Code.
(2) The term ‘‘covered entity’’ means a nationally recognized
entity in the field of commercial real estate that has data
on local rental rates in real estate markets across the United
States.
(3) The term ‘‘MHA’’ means military housing area.
(4) The term ‘‘servicemember’’ has the meaning given such
term in section 101 of the Servicemembers Civil Relief Act
(50 U.S.C. 3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report—
(1) reviewing the adequacy of the amounts of dislocation
and relocation allowances paid under section 452 of title 37,
United States Code, to members of the covered Armed Forces,
in connection with changes in such members’ temporary or
permanent duty assignment locations, taking into consideration
the rising costs of moving, challenges in the housing market,
and other expenses incurred by such members;
(2) assessing the effects of delays in the issuance of orders
relating to changes to temporary or permanent duty assignment
locations on the timing of dislocation and relocation allowances
paid to members of the covered Armed Forces;
(3) assessing the feasibility and advisability of paying dis-
location or relocation allowances to members of the covered
Armed Forces who are permanently assigned from one unit
to another with no change of permanent duty station when
the units are within the same metropolitan area; and
(4) making recommendations with respect to the matters
described in paragraphs (1), (2), and (3).
(b) COVERED ARMED FORCES DEFINED.—In this section, the
term ‘‘covered Armed Forces’’ means the Army, Navy, Marine Corps,
Air Force, and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
(a) BRIEFING.—Not later than six months after the date of
the enactment of this Act, the Secretary of the Navy shall submit
to the Committees on Armed Services of the Senate and House
H. R. 7776—248
of Representatives a briefing regarding the feasibility and advis-
ability of establishing complex overhaul pay.
(b) COMPLEX OVERHAUL PAY DEFINED.—In this section, the
term ‘‘complex overhaul pay’’ means a special monthly pay—
(1) established pursuant to regulations prescribed under
section 352 of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned to
a naval vessel undergoing nuclear refueling or defueling, and
any concurrent complex overhaul;
(3) in addition to any other pay or allowance to which
a member is entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE PRO-
VIDERS.
(a) IN GENERAL.—
(1) STUDIES REQUIRED.—The Secretary of Defense shall,
for each geographic area in which the Secretary of a military
department operates a military child development center, con-
duct a study—
(A) comparing the total compensation, including all
pay and benefits, of child care employees of each military
child development center in the geographic area to the
total compensation of similarly credentialed employees in
such geographic area; and
(B) estimating the difference in average pay and the
difference in average benefits between such child care
employees.
(2) SCHEDULE.—The Secretary of Defense shall complete
the studies required under paragraph (1)—
(A) for the geographic areas containing the military
installations with the 25 longest wait lists for child care
services at military child development centers, not later
than one year after the date of the enactment of this
Act; and
(B) for geographic areas other than geographic areas
described in subparagraph (A), not later than two years
after the date of the enactment of this Act.
(3) REPORTS.—
(A) INTERIM REPORT.—Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report
summarizing the results of the studies required under para-
graph (1) that have been completed as of the date of the
submission of such report.
(B) FINAL REPORT.—Not later than 120 days after the
completion of all the studies required under paragraph
(1), the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a
report summarizing the results of such studies.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘benefits’’ includes—
(A) retirement benefits;
(B) any insurance premiums paid by an employer;
(C) education benefits, including tuition reimbursement
and student loan repayment; and
H. R. 7776—249
(D) any other compensation an employer provides to
an employee for service performed as an employee (other
than pay), as determined appropriate by the Secretary
of Defense.
(2) The terms ‘‘child care employee’’ and ‘‘military child
development center’’ have the meanings given such terms in
section 1800 of title 10, United States Code.
(3) The term ‘‘pay’’ includes the basic rate of pay of an
employee and any additional payments an employer pays to
an employee for service performed as an employee.
SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF THE
ARMED FORCES: STUDY; REPORT.
(a) STUDY.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and develop-
ment center or non-profit entity to conduct a study on the unique
barriers to home ownership for members of the Armed Forces.
(b) REPORT.—At the conclusion of the study under subsection
(a), the Secretary shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report containing
the results of such study.
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 members
of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE di-
rectory.
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 de-
pendents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and over-
sight 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 med-
ical 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 de-
livery of health and medical care through use of other transaction au-
thority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humanitarian, or ref-
ugee assistance.
Sec. 719. Authorization of permanent program to improve opioid management in
the military health system.
H. R. 7776—250
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 Med-
ical Logistics Directorate and Military Health System Education and
Training Directorate.
Subtitle C—Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military medical man-
ning 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 committee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruction.
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 military
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 individ-
uals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of Defense;
congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength: certifi-
cation 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 exposure
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 department
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 vio-
lence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed Forces.
Subtitle A—TRICARE and Other Health
Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
(a) IN GENERAL.—Section 1076a of title 10, United States Code,
is amended—
(1) in subsection (b)—
(A) by striking ‘‘The plans’’ and inserting the following:
‘‘(1) IN GENERAL.—The plans’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) PREMIUM SHARING PLANS.—Effective as of January 1,
2026, the regulations prescribed pursuant to paragraph (1)
shall include, with respect to premium sharing plans referred
to in subsection (d)(1), the following elements:
‘‘(A) A third party administrator shall manage the
administrative features of such plans, including eligibility,
enrollment, plan change and premium payment processes,
submission of qualifying life events changes, and address
changes.
H. R. 7776—251
‘‘(B) Such plans shall include the following three enroll-
ment options:
‘‘(i) Self.
‘‘(ii) Self plus one.
‘‘(iii) Family.
‘‘(C) In the United States, to the extent practicable,
individuals eligible to enroll in such a plan shall be offered
options to enroll in plans of not fewer than two and not
more than four dental insurance carriers.
‘‘(D) To the extent practicable, each carrier described
in subparagraph (C)—
‘‘(i) shall manage dental care delivery matters,
including claims adjudication (with required electronic
submission of claims), coordination of benefits, covered
services, enrollment verification, and provider net-
works;
‘‘(ii) shall, in addition to offering a standard option
plan, offer a non-standard option plan;
‘‘(iii) may offer a non-standard option plan man-
aged as a dental health maintenance organization plan;
‘‘(iv) shall establish and operate dental provider
networks that provide—
‘‘(I) accessible care with a prevention or
wellness focus;
‘‘(II) continuity of care;
‘‘(III) coordinated care (including appropriate
dental and medical referrals);
‘‘(IV) patient-centered care (including effective
communications, individualized care, and shared
decision-making); and
‘‘(V) high-quality, safe care;
‘‘(v) shall develop and implement adult and pedi-
atric dental quality measures, including effective
measurements for—
‘‘(I) access to care;
‘‘(II) continuity of care;
‘‘(III) cost;
‘‘(IV) adverse patient events;
‘‘(V) oral health outcomes; and
‘‘(VI) patient experience; and
‘‘(vi) may conduct in the provider networks estab-
lished and operated by the carrier under clause (iv),
to the extent practicable, pilot programs on the
development of a model of care based on the model
of care commonly referred to as patient-centered dental
homes.’’;
(2) in subsection (d)(1)—
(A) in subparagraph (B), by striking ‘‘The member’s’’
and inserting ‘‘During the period preceding January 1,
2026, the member’s’’;
(B) in subparagraph (C), by striking ‘‘of each year,’’
and inserting ‘‘of each year during the period preceding
January 1, 2026,’’;
(C) in subparagraph (D), by striking ‘‘The Secretary
of Defense’’ and inserting ‘‘During the period preceding
January 1, 2026, the Secretary of Defense’’; and
H. R. 7776—252
(D) by adding at the end the following new subpara-
graphs:
‘‘(E) Beginning on January 1, 2026, the amount of the
premium required under subparagraph (A)—
‘‘(i) for standard option plans, shall be established by
the Secretary annually such that in the aggregate (taking
into account the adjustments under subparagraph (F) and
subsection (e)(3), the Secretary’s share of each premium
is 60 percent of the premium for each enrollment category
(self, self plus one, and family, respectively) of each
standard option plan; and
‘‘(ii) for non-standard option plans, shall be equal to
the amount determined under clause (i) plus 100 percent
of the additional premium amount applicable to such non-
standard option plan.
‘‘(F) Beginning on January 1, 2026, the Secretary of Defense
shall reduce the monthly premium required to be paid under
paragraph (1) in the case of enlisted members in pay grade
E–1, E–2, E–3, or E–4.’’;
(3) in subsection (e), by adding at the end the following
new paragraph:
‘‘(3) Beginning on January 1, 2026, the Secretary of Defense
shall reduce copayments required to be paid under paragraph (1)
in the case of enlisted members in pay grade E–1, E–2, E–3,
or E–4.’’;
(4) in subsection (j), by striking ‘‘The Secretary of Defense
may not reduce benefits provided under a plan established
under this section until’’ and inserting ‘‘During the period pre-
ceding January 1, 2026, the Secretary of Defense may not
reduce benefits provided under a plan established under this
section, and on or after January 1, 2026, the Secretary may
not reduce benefits provided under a standard option plan
under this section, until’’; and
(5) by adding at the end the following new subsection:
‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘non-standard option plan’ means a high
option dental insurance plan that includes covered services
in addition to, or provides greater coverage with respect to,
services covered under a standard option plan.
‘‘(2) The term ‘standard option plan’ means a dental insur-
ance plan that provides for the coverage of preventive services,
basic restorative services, and specialty dental care services
at a level that is at least commensurate with the coverage
of the same services provided under the premium sharing plans
under this section during the period preceding January 1,
2026.’’.
(b) RULEMAKING.—Pursuant to the authority under section
1076a(b)(1) of title 10, United States Code, as amended by sub-
section (a), the Secretary of Defense shall—
(1) not later than January 1, 2025, prescribe an interim
final rule to carry out the amendments made by subsection
(a); and
(2) after prescribing the interim final rule under subpara-
graph (A) and considering public comments with respect to
such interim final rule, prescribe a final rule, effective on
January 1, 2026, to carry out such amendments.
H. R. 7776—253
(c) BRIEFINGS.—Not later than January 1 of each of 2024,
2025, and 2026, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the status of the implementation
of the amendments made by subsection (a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD
FOLLOWING REQUIRED TRAINING OR OTHER DUTY TO
RESPOND TO A NATIONAL EMERGENCY.
(a) TRANSITIONAL HEALTH CARE.—Subsection (a)(2) of section
1145 of title 10, United States Code, is amended by adding at
the end the following new subparagraph:
‘‘(G) A member of the National Guard who is separated
from full-time National Guard Duty to which called or ordered
under section 502(f) of title 32 for a period of active service
of more than 30 days to perform duties that are authorized
by the President or the Secretary of Defense for the purpose
of responding to a national emergency declared by Congress
or the President and supported by Federal funds.’’.
(b) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) in subsection (a)—
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by striking ‘‘active duty’’ and inserting ‘‘active
service’’;
(B) in paragraph (3), by striking ‘‘paragraph (2)(B)’’
and inserting ‘‘subparagraph (B) or (G) of paragraph (2)’’;
(C) in paragraph (4)—
(i) by striking ‘‘active duty’’ each place it appears
and inserting ‘‘active service’’; and
(ii) in the second sentence, by striking ‘‘or (D)’’
and inserting ‘‘(D), or (G)’’;
(D) in paragraph (5), in subparagraphs (A) and (B),
by striking ‘‘active duty’’ each place it appears and inserting
‘‘active service’’; and
(E) in paragraph (7)(A)—
(i) by striking ‘‘service on active duty’’ and
inserting ‘‘active service’’; and
(ii) by striking ‘‘active duty for’’ and inserting
‘‘active service for’’;
(2) in subsection (b)(1), by striking ‘‘active duty’’ and
inserting ‘‘active service’’; and
(3) in subsection (d)(1)(A), by striking ‘‘active duty’’ and
inserting ‘‘active service’’.
SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER
TRICARE PRIME DURING PERMANENT CHANGES OF STA-
TION.
(a) IN GENERAL.—Section 714 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. 1095f note) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) IMPROVEMENT OF SPECIALTY CARE REFERRALS DURING
PERMANENT CHANGES OF STATION.—In conducting evaluations and
improvements under subsection (d) to the referral process described
in subsection (a), the Secretary shall ensure beneficiaries enrolled
H. R. 7776—254
in TRICARE Prime who are undergoing a permanent change of
station receive referrals from their primary care manager to such
specialty care providers in the new location as the beneficiary
may need before undergoing the permanent change of station.’’.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the contractual and technical bar-
riers preventing record sharing between civilian provider networks
under the TRICARE program that lead to increased wait times
for care for members of the Armed Forces and the dependents
thereof undergoing permanent changes of station across provider
network regions.
SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH
CARE SERVICES FOR MEMBERS OF THE ARMED FORCES.
(a) IN GENERAL.—In order to reinforce the policies of elimi-
nating stigma in obtaining mental health care services and further
encouraging help-seeking behavior by members of the Armed
Forces, not later than July 1, 2023, the Secretary of Defense shall—
(1) update and reissue Department of Defense Instruction
6490.08, titled ‘‘Command Notification Requirements to Dispel
Stigma in Providing Mental Health Care to Service Members’’
and issued on August 17, 2011, taking into account—
(A) experience implementing the Instruction; and
(B) opportunities to more effectively dispel stigma in
obtaining mental health care services and encourage help-
seeking behavior; and
(2) develop standards within the Department of Defense
that—
(A) ensure, except in a case in which there is an
exigent circumstance, the confidentiality of mental health
care services provided to members who voluntarily seek
such services;
(B) include a model for making determinations with
respect to exigent circumstances that clarifies the respon-
sibilities regarding the determination of the effect on mili-
tary function and the prevention of self-harm by the indi-
vidual; and
(C) in a case in which there is an exigent circumstance,
prevent health care providers from disclosing more than
the minimum amount of information necessary to address
the exigent circumstance.
(b) ELEMENTS.—The standards required by subsection (a)(2)
shall include the following elements:
(1) Requirements for confidentiality regarding the request
and receipt by a member of the Armed Forces of mental health
care services under the self-initiated referral process under
section 1090a(e) of title 10, United States Code.
(2) Requirements for confidentiality regarding the results
of any drug testing incident to such mental health care services.
(3) Procedures that reflect best practices of the mental
health profession with respect to suicide prevention.
(4) A prohibition against retaliating against a member
of the Armed Forces who requests mental health care services.
(5) Such other elements as the Secretary determines will
most effectively support the policies of—
H. R. 7776—255
(A) eliminating stigma in obtaining mental health care
services; and
(B) encouraging help-seeking behavior by members of
the Armed Forces.
(c) JOINT POLICY WITH THE SECRETARY OF VETERANS AFFAIRS.—
(1) IN GENERAL.—Not later than July 1, 2023, the Secretary
of Defense and the Secretary of Veterans Affairs shall issue
a joint policy that provides, except in a case in which there
is an exigent circumstance, for the confidentiality of mental
health care services provided by the Secretary of Veterans
Affairs to members of the Armed Forces, including the reserve
components, under section 1712A, 1720F, 1720H, or 1789 of
title 38, United States Code, or other applicable law.
(2) ELEMENTS.—The joint policy issued under paragraph
(1) shall, to the extent practicable, include standards com-
parable to the standards developed under subsection (a)(2).
(d) REPORT.—Not later than July 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a copy of the standards
developed under subsection (a)(2) and the joint policy issued under
subsection (c).
(e) EXIGENT CIRCUMSTANCE DEFINED.—In this section, the term
‘‘exigent circumstance’’ means a circumstance in which the Sec-
retary of Defense determines the need to prevent serious harm
to an individual or essential military function clearly outweighs
the need for confidentiality of information obtained by a health
care provider incident to mental health care services voluntarily
sought by a member of the Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS
LISTED IN TRICARE DIRECTORY.
(a) AUDIT REQUIRED.—The Comptroller General of the United
States shall conduct an audit of the behavioral health care providers
listed in the TRICARE directory.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a report on the findings of the audit under sub-
section (a). Such report shall include the following:
(1) An identification of the following, disaggregated by pro-
vider specialty and TRICARE provider network region:
(A) The number of such behavioral health care pro-
viders with respect to which there are duplicate listings
in the TRICARE directory.
(B) The number of such behavioral health care pro-
viders that, as of the commencement of the audit, were
listed in the TRICARE directory as available and accepting
new TRICARE patients.
(C) The number of such behavioral health care pro-
viders that, as a result of the audit, the Comptroller Gen-
eral determines are no longer available or accepting new
TRICARE patients.
(D) The number of such behavioral health care pro-
viders that were not previously listed in the TRICARE
directory as available and accepting new TRICARE patients
but that, as a result of the audit, the Comptroller General
determines are so available and accepting.
H. R. 7776—256
(E) The number of behavioral health care providers
listed in the TRICARE directory that are no longer prac-
ticing.
(F) The number of behavioral health care providers
that, in conducting the audit, the Comptroller General
could not reach for purposes of verifying information
relating to availability or status.
(2) An identification of the number of TRICARE bene-
ficiaries in each TRICARE region, disaggregated by beneficiary
category.
(3) A description of the methods by which the Secretary
of Defense measures the following:
(A) The accessibility and accuracy of the TRICARE
directory, with respect to behavioral health care providers
listed therein.
(B) The adequacy of behavioral health care providers
under the TRICARE program.
(4) A description of the efforts of the Secretary of Defense
to recruit and retain behavioral health care providers.
(5) Recommendations by the Comptroller General, based
on the findings of the audit, on how to improve the availability
of behavioral health care providers that are network providers
under the TRICARE program, including through the inclusion
of specific requirements in the next generation of TRICARE
contracts.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘TRICARE directory’’ means the directory
of network providers under the TRICARE program.
(2) The term ‘‘TRICARE program’’ has the meaning given
such term in section 1072 of title 10, United States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT SAFETY
REVIEW PROCESS UNDER DIRECT CARE COMPONENT OF
TRICARE PROGRAM.
(a) AGREEMENT.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center for the federally funded research and
development center to carry out the activities described in
subsections (b) and (c).
(2) TIMING.—The Secretary shall seek to enter into the
agreement described in paragraph (1) not later October 1, 2023.
(b) ANALYSIS BY FFRDC.—
(1) ANALYSIS.—Under an agreement between the Secretary
and a federally funded research and development center entered
into pursuant to subsection (a), the federally funded research
and development center shall conduct an analysis of the quality
and patient safety review process for health care provided
under the direct care component of the TRICARE program
and develop recommendations for the Secretary based on such
analysis.
(2) ELEMENTS.—The analysis conducted and recommenda-
tions developed under paragraph (1) shall include, with respect
to the direct care component of the TRICARE program, an
assessment of the following:
H. R. 7776—257
(A) The procedures under such component regarding
credentialing and privileging for health care providers (and
an assessment of compliance with such procedures).
(B) The processes under such component for quality
assurance, standard of care, and incident review (and an
assessment of compliance with such processes).
(C) The accountability processes under such component
for health care providers who are found to have not met
a required standard of care.
(D) The transparency activities carried out under such
component, including an assessment of the publication of
clinical quality metrics (at the level of military medical
treatment facilities and other operational medical units
of the Department of Defense), and a comparison with
similar metrics for non-Department health care entities.
(E) The standardization activities carried under such
component, including activities aimed at eliminating
unwarranted variation in clinical quality metrics at the
level of military medical treatment facilities and other oper-
ational medical units of the Department.
(F) The implementation under such component of the
requirements of section 744 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3708; 10 U.S.C. 1071 note), including with
respect to health care delivery on ships and planes, in
deployed settings, and in all other circumstances outside
of military medical treatment facilities.
(G) The organizational roles and responsibilities of
military health system entities involved in clinical quality
management functions under such component, including
the Assistant Secretary of Defense for Health Affairs, the
Director of the Defense Health Agency, and the Surgeons
General of the Army, Navy, and Air Force, each of whom
shall conduct and submit to the federally funded research
and development center an internal assessment of the
respective entity regarding each element set forth under
this paragraph.
(3) INFORMATION ACCESS AND PRIVACY.—
(A) ACCESS TO RECORDS.—Notwithstanding section
1102 of title 10, United States Code, the Secretary shall
provide the federally funded research and development
center with access to such records of the Department of
Defense as the Secretary may determine necessary for pur-
poses of the federally funded research and development
center conducting the analysis and developing the rec-
ommendations under paragraph (1).
(B) PRIVACY OF INFORMATION.—In conducting the anal-
ysis and developing the recommendations under paragraph
(1), the federally funded research and development center—
(i) shall maintain any personally identifiable
information in records accessed by the federally funded
research and development center pursuant to subpara-
graph (A) in accordance with applicable laws, protec-
tions, and best practices regarding the privacy of
information; and
H. R. 7776—258
(ii) may not permit access to such information
by any individual or entity not engaged in conducting
such analysis or developing such recommendations.
(c) BRIEFING AND REPORTS.—
(1) INTERIM BRIEFING.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate an interim briefing on—
(A) the selection of a federally funded research and
development center with which the Secretary shall seek
to enter into an agreement with under subsection (a);
(B) any related guidance issued by the Secretary; and
(C) the methodology for conducting the study to be
used by such federally funded research and development
center.
(2) REPORT TO SECRETARY.—Under an agreement entered
into between the Secretary and a federally funded research
and development center under subsection (a), the federally
funded research and development center, not later than one
year after the date of the execution of the agreement, shall
submit to the Secretary a report on the findings of the federally
funded research and development center with respect to the
analysis conducted and recommendations developed under sub-
section (b).
(3) REPORT TO CONGRESS.—Not later than 120 days after
the date on which the Secretary receives the report of the
federally funded research and development center under para-
graph (1), the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
such report, along with an assessment by the Secretary of
the analysis, findings, and recommendations contained therein
and the plan of the Secretary for strengthening clinical quality
management in the military health system.
(4) PUBLICATION.—The Secretary shall make the report
under paragraph (2) available on a public website in unclassi-
fied form.
(d) TRICARE PROGRAM DEFINED.—In this section, the term
‘‘TRICARE program’’ has the meaning given such term in section
1072 of title 10, United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE
SELECT AND TRICARE DENTAL PROGRAM TO MEMBERS
OF THE SELECTED RESERVE AND DEPENDENTS THEREOF.
(a) STUDY.—The Secretary of Defense may conduct a study
on the feasibility, potential cost effects to the budget of the Depart-
ment of Defense, changes in out-of-pocket costs to beneficiaries,
and effects on other Federal programs of expanding eligibility for
TRICARE Reserve Select and the TRICARE dental program to
include all members of the Selected Reserve of the Ready Reserve
of a reserve component of the Armed Forces, the dependents thereof,
and the non-dependent children thereof under the age of 26.
(b) SPECIFICATIONS.—If the Secretary conducts the study under
subsection (a), the Secretary shall include in the study an assess-
ment of the following:
(1) Cost-shifting to the Department of Defense to support
the expansion of TRICARE Reserve Select and the TRICARE
dental program from—
H. R. 7776—259
(A) health benefit plans under chapter 89 of title 5,
United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care exchange;
and
(E) the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to enroll
in TRICARE Reserve Select and the TRICARE dental program
members of the Selected Reserve of the Ready Reserve of a
reserve component of the Armed Forces who were previously
uninsured.
(3) The resources needed to implement TRICARE Reserve
Select and the TRICARE dental program for all such members,
the dependents thereof, and the non-dependent children thereof
under the age of 26.
(4) Cost-savings, if any, resulting from the expansion of
TRICARE Reserve Select and the TRICARE dental program
with regard to increased training days performed in support
of mass medical events during battle assemblies of the reserve
components, including an assessment of the impact of such
expansion on—
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve compo-
nents to backfill medical fallouts at mobilization sites; and
(F) any other readiness metrics affected by such expan-
sion.
(5) Any effect of such expansion on recruitment and reten-
tion of members of the Armed Forces, including members of
the Ready Reserve of the reserve components of the Armed
Forces.
(6) Cost-savings, if any, in contracts that implement the
Reserve Health Readiness Program of the Department of
Defense.
(c) DETERMINATION OF COST EFFECTS.—If the Secretary con-
ducts the study under subsection (a), the Secretary shall include
in such study an assessment of the potential cost effects to the
budget of the Department of Defense for scenarios of expanded
eligibility for TRICARE Reserve Select and the TRICARE dental
program as follows:
(1) Premium free for members of the Selected Reserve
of the Ready Reserve of a reserve component of the Armed
Forces, the dependents thereof, and the non-dependent children
thereof under the age of 26.
(2) Premium free for such members and subsidized pre-
miums for such dependents and non-dependent children.
(3) Subsidized premiums for such members, dependents,
and non-dependent children.
(d) USE OF A FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTER.—The Secretary may enter into a contract with a federally
funded research and development center the Secretary determines
is qualified and appropriate to conduct the study under subsection
(a).
H. R. 7776—260
(e) BRIEFING; REPORT.—
(1) BRIEFING.—If the Secretary conducts the study under
subsection (a), not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House
of Representatives a briefing on the methodology and approach
of the study.
(2) REPORT.—If the Secretary conducts the study under
subsection (a), not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the study.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘TRICARE dental program’’ means dental
benefits under section 1076a of title 10, United States Code.
(2) The term ‘‘TRICARE Reserve Select’’ means health
benefits under section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO TRICARE
PROGRAM AND OVERSIGHT OF SUCH CONTRACTS.
(a) STUDY.—The Comptroller General of the United States shall
conduct a study on certain contracts relating to the TRICARE
program and the oversight provided by the Director of the Defense
Health Agency with respect to such contracts.
(b) MATTERS.—The study under subsection (a) shall include
an assessment of the following:
(1) TRICARE MANAGED CARE SUPPORT CONTRACTS.—With
respect to TRICARE managed care support contracts (including
the TRICARE managed care support contract for which the
Director of the Defense Health Agency published a request
for proposals on April 15, 2021, commonly referred to as ‘‘T-
5’’), the process used in awarding such contracts.
(2) OTHER CONTRACTS.—With respect to each contract
relating to the TRICARE program other than a contract speci-
fied in paragraph (1) entered into by the Director of the Defense
Health Agency during the period beginning on October 1, 2017,
and ending on September 30, 2022, where the value of such
contract is greater than $500,000,000, the following:
(A) The total number of such contracts, disaggregated
by fiscal year, contract type, type of product or service
procured, and total expenditure under each such contract
by fiscal year.
(B) The total number of bid protests filed with respect
to such contracts, and the outcome of such protests.
(C) The total number of such contracts awarded
through means other than full and open competition.
(3) DEFENSE HEALTH AGENCY CONTRACT OVERSIGHT.—With
respect to the period beginning on October 1, 2017, and ending
on September 30, 2022, the following:
(A) The staff of the Defense Health Agency responsible
for performing oversight of the contracts specified in para-
graphs (1) and (2), including the following:
(i) The number of such staff.
(ii) Any professional training requirements for such
staff.
(iii) Any acquisition certifications or accreditations
held by such staff.
H. R. 7776—261
(B) Any office or other element of the Defense Health
Agency responsible for contract award, administration, or
oversight with respect to the TRICARE program, including
the organizational structure, responsibilities, authorities,
and key roles of each such office or element.
(C) The process used by the Director of the Defense
Health Agency for determining staffing needs and com-
petencies relating to contract award, administration, or
oversight with respect to the TRICARE program.
(c) INTERIM BRIEFING; REPORT.—
(1) INTERIM BRIEFING.—Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate an interim briefing
on the study under subsection (a).
(2) REPORT.—Not later than two years after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate a report containing the results
of the study under subsection (a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERVICES
UNDER TRICARE PROGRAM AND RELATIONSHIP TO CER-
TAIN MENTAL HEALTH PARITY LAWS.
(a) STUDY AND REPORT REQUIRED.—Not later than one year
after the date of the enactment of this Act, the Comptroller General
of the United States shall—
(1) conduct a study to describe—
(A) coverage of mental health services under the
TRICARE program;
(B) any limits on such coverage that are not also
imposed on health services other than mental health serv-
ices under the TRICARE program; and
(C) the efforts of the Department of Defense to align
coverage of mental health services under the TRICARE
program with coverage requirements under mental health
parity laws; and
(2) submit to the Secretary of Defense, the congressional
defense committees, and (with respect to any findings con-
cerning the Coast Guard when it is not operating as a service
in the Department of the Navy), the Secretary of Homeland
Security, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate a report con-
taining the findings of such study.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘mental health parity laws’’ means—
(A) section 2726 of the Public Health Service Act (42
U.S.C. 300gg–26);
(B) section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code of 1986
(26 U.S.C. 9812); or
(D) any other Federal law that applies the require-
ments under any of the sections described in subparagraph
(A), (B), or (C), or requirements that are substantially
H. R. 7776—262
similar to those provided under any such section, as deter-
mined by the Comptroller General.
(2) The term ‘‘TRICARE program’’ has the meaning given
such term in section 1072 of title 10, United States Code.
Subtitle B—Health Care Administration
SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING
DISABILITY EVALUATION.
(a) POLICY.—Not later than April 1, 2023, the Secretary of
Defense, in consultation with the Secretaries concerned, shall estab-
lish a policy to ensure accountability for actions taken under the
authorities of the Defense Health Agency and the Armed Forces,
respectively, concerning wounded, ill, and injured members of the
Armed Forces during the integrated disability evaluation system
process. Such policy shall include the following:
(1) A restatement of the requirement that, in accordance
with section 1216(b) of title 10, United States Code, a deter-
mination of fitness for duty of a member of the Armed Forces
under chapter 61 of title 10, United States Code, is the responsi-
bility of the Secretary concerned.
(2) A description of the role of the Director of the Defense
Health Agency in supporting the Secretaries concerned in car-
rying out determinations of fitness for duty as specified in
paragraph (1).
(3) A description of how the medical evaluation board proc-
esses of the Armed Forces are integrated with the Defense
Health Agency, including with respect to case management,
appointments, and other relevant matters.
(4) A requirement that, in determining fitness for duty
of a member of the Armed Forces under chapter 61 of title
10, United States Code, the Secretary concerned shall consider
the results of any medical evaluation of the member provided
under the authority of the Defense Health Agency pursuant
to section 1073c of title 10, United States Code.
(5) A description of how the Director of the Defense Health
Agency adheres to the medical evaluation processes of the
Armed Forces, including an identification of each applicable
regulation or policy to which the Director is required to so
adhere.
(6) An assessment of the feasibility of affording various
additional due process protections to members of the Armed
Forces undergoing the medical evaluation board process.
(7) A restatement of the requirement that wounded, ill,
and injured members of the Armed Forces may not be denied
any due process protection afforded under applicable law or
regulation of the Department of Defense or the Armed Forces.
(8) A description of the types of due process protections
specified in paragraph (7), including an identification of each
specific due process protection.
(b) CLARIFICATION OF RESPONSIBILITIES REGARDING MEDICAL
EVALUATION BOARDS.—Section 1073c of title 10, United States Code,
is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new sub-
section (h):
H. R. 7776—263
‘‘(h) RULE OF CONSTRUCTION REGARDING SECRETARIES CON-
CERNED AND MEDICAL EVALUATION BOARDS.—Nothing in this sec-
tion shall be construed as transferring to the Director of the Defense
Health Agency, or otherwise revoking, any authority or responsi-
bility of the Secretary concerned under chapter 61 of this title
with respect to a member of the armed forces (including with
respect to the administration of morale and welfare and the deter-
mination of fitness for duty for the member) while the member
is being considered by a medical evaluation board.’’.
(c) BRIEFING.—Not later than February 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services
of the House of Representatives and the Senate a briefing on
the status of the implementation of subsections (a) and (b).
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a report on the implementation of subsections
(a) and (b), lessons learned as a result of such implementation,
and the recommendations of the Secretary relating to the policy
on wounded, ill, and injured members of the Armed Forces under-
going the integrated disability evaluation system process.
(e) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 10, United States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES
IN REQUIREMENTS FOR MEDICAL CENTERS.
Section 1073d(b)(3) of title 10, United States Code, is amended
by striking ‘‘or level two’’ and inserting ‘‘, level two, or level three’’.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN MILI-
TARY HEALTH SYSTEM.
(a) CENTERS OF EXCELLENCE.—Section 1073d(b)(4) of title 10,
United States Code, is amended to read as follows:
‘‘(4)(A) The Secretary shall designate certain major medical
centers as regional centers of excellence for the provision of specialty
care services in the areas of specialty care described in subpara-
graph (D). A major medical center may be designated as a center
of excellence under this subparagraph for more than one such
area of specialty care.
‘‘(B) The Secretary may designate certain medical centers as
satellite centers of excellence for the provision of specialty care
services for specific conditions, such as the following:
‘‘(i) Post-traumatic stress.
‘‘(ii) Traumatic brain injury.
‘‘(iii) Such other conditions as the Secretary determines
appropriate.
‘‘(C) Centers of excellence designated under this paragraph
shall serve the purposes of—
‘‘(i) ensuring the military medical force readiness of the
Department of Defense and the medical readiness of the armed
forces;
‘‘(ii) improving the quality of health care furnished by the
Secretary to eligible beneficiaries; and
‘‘(iii) improving health outcomes for eligible beneficiaries.
‘‘(D) The areas of specialty care described in this subparagraph
are as follows:
‘‘(i) Oncology.
H. R. 7776—264
‘‘(ii) Burn injuries and wound care.
‘‘(iii) Rehabilitation medicine.
‘‘(iv) Psychological health and traumatic brain injury.
‘‘(v) Amputations and prosthetics.
‘‘(vi) Neurosurgery.
‘‘(vii) Orthopedic care.
‘‘(viii) Substance abuse.
‘‘(ix) Infectious diseases and preventive medicine.
‘‘(x) Cardiothoracic surgery.
‘‘(xi) Such other areas of specialty care as the Secretary
determines appropriate.
‘‘(E)(i) Centers of excellence designated under this paragraph
shall be the primary source within the military health system
for the receipt by eligible beneficiaries of specialty care.
‘‘(ii) Eligible beneficiaries seeking a specialty care service
through the military health system shall be referred to a center
of excellence designated under subparagraph (A) for that area of
specialty care or, if the specialty care service sought is unavailable
at such center, to an appropriate specialty care provider in the
private sector.
‘‘(F) Not later than 90 days prior to the designation of a center
of excellence under this paragraph, the Secretary shall notify the
Committees on Armed Services of the House of Representatives
and the Senate of such designation.
‘‘(G) In this paragraph, the term ‘eligible beneficiary’ means
any beneficiary under this chapter.’’.
(b) DEADLINE.—The Secretary of Defense shall designate certain
major medical centers as regional centers of excellence in accordance
with section 1073d(b)(4)(A) of title 10, United States Code, as added
by subsection (a), by not later than one year after the date of
the enactment of this Act.
(c) REPORT.—
(1) SUBMISSION.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate a report that sets forth
the plan of the Department of Defense to designate centers
of excellence under section 1073d(b)(4) of title 10, United States
Code, as added by subsection (a).
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) A list of the centers of excellence to be designated
under such section 1073d(b)(4) and the locations of such
centers.
(B) A description of the specialty care services to be
provided at each such center and a staffing plan for each
such center.
(C) A description of how each such center shall
improve—
(i) the military medical force readiness of the
Department and the medical readiness of the Armed
Forces;
(ii) the quality of care received by eligible bene-
ficiaries; and
(iii) the health outcomes of eligible beneficiaries.
H. R. 7776—265
(D) A comprehensive plan for the referral of eligible
beneficiaries for specialty care services at centers of excel-
lence designated under such section 1073d(b)(4) and appro-
priate specialty care providers in the private sector.
(E) A plan to assist eligible beneficiaries with travel
and lodging, if necessary, in connection with the receipt
of specialty care services at centers of excellence designated
under such section 1073d(b)(4) or appropriate specialty care
providers in the private sector.
(F) A plan to transfer specialty care providers of the
Department to centers of excellence designated under such
section 1073d(b)(4), in a number as determined by the
Secretary to be required to provide specialty care services
to eligible beneficiaries at such centers.
(G) A plan to monitor access to care, beneficiary satis-
faction, experience of care, and clinical outcomes to under-
stand better the impact of such centers on the health
care of eligible beneficiaries.
(d) ELIGIBLE BENEFICIARY DEFINED.—In this section, the term
‘‘eligible beneficiary’’ means any beneficiary under chapter 55 of
title 10, United States Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FACILITIES
TO IMPROVE MEDICAL FORCE READINESS.
(a) IN GENERAL.—Section 1073d(b) of title 10, United States
Code, as amended by section 713, is further amended by adding
at the end the following new paragraph:
‘‘(5)(A) The Secretary of Defense shall designate and maintain
certain military medical treatment facilities as core casualty
receiving facilities, to ensure the medical capability and capacity
required to diagnose, treat, and rehabilitate large volumes of combat
casualties and, as may be directed by the President or the Secretary,
provide a medical response to events the President determines
or declares as natural disasters, mass casualty events, or other
national emergencies.
‘‘(B) The Secretary shall ensure that the military medical treat-
ment facilities selected for designation pursuant to subparagraph
(A) are geographically located to facilitate the aeromedical evacu-
ation of casualties from theaters of operations.
‘‘(C) The Secretary—
‘‘(i) shall ensure that the Secretaries of the military depart-
ments assign military personnel to core casualty receiving facili-
ties designated under subparagraph (A) at not less than 90
percent of the staffing level required to maintain the operating
bed capacity necessary to support operation planning require-
ments;
‘‘(ii) may augment the staffing of military personnel at
core casualty receiving facilities under subparagraph (A) with
civilian employees of the Department of Defense to fulfil the
staffing requirement under clause (i); and
‘‘(iii) shall ensure that each core casualty receiving facility
under subparagraph (A) is staffed with a civilian Chief Finan-
cial Officer and a civilian Chief Operating Officer with experi-
ence in the management of civilian hospital systems, for the
purpose of ensuring continuity in the management of the
facility.
‘‘(D) In this paragraph:
H. R. 7776—266
‘‘(i) The term ‘core casualty receiving facility’ means a
Role 4 medical treatment facility that serves as a medical
hub for the receipt and treatment of casualties, including
civilian casualties, that may result from combat or from an
event the President determines or declares as a natural dis-
aster, mass casualty event, or other national emergency.
‘‘(ii) The term ‘Role 4 medical treatment facility’ means
a medical treatment facility that provides the full range of
preventative, curative, acute, convalescent, restorative, and
rehabilitative care.’’.
(b) TIMELINE FOR ESTABLISHMENT.—
(1) DESIGNATION.—Not later than October 1, 2024, the
Secretary of Defense shall designate four military medical treat-
ment facilities as core casualty receiving facilities under section
1073d(b)(5) of title 10, United States Code (as added by sub-
section (a)).
(2) OPERATIONAL.—Not later than October 1, 2025, the
Secretary shall ensure that each such designated military med-
ical treatment facility is fully staffed and operational as a
core casualty receiving facility, in accordance with the require-
ments of such section 1073d(b)(5).
SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY
SCOPE OF SERVICES PROVIDED AT MILITARY MEDICAL
TREATMENT FACILITIES.
Section 1073d of title 10, United States Code, as amended
by section 714, is further amended by adding at the end the fol-
lowing new subsection:
‘‘(f) NOTIFICATION REQUIRED TO MODIFY SCOPE OF SERVICES
PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES.—(1) The
Secretary of Defense may not modify the scope of medical care
provided at a military medical treatment facility, or the beneficiary
population served at the facility, unless—
‘‘(A) the Secretary submits to the Committees on Armed
Services of the House of Representatives and the Senate a
notification of the proposed modification in scope;
‘‘(B) a period of 180 days has elapsed following the date
on which the Secretary submits such notification; and
‘‘(C) if the proposed modification in scope involves the
termination or reduction of inpatient capabilities at a military
medical treatment facility located outside the United States,
the Secretary has provided to each member of the armed forces
or covered beneficiary receiving services at such facility a
transition plan for the continuity of health care for such
member or covered beneficiary.
‘‘(2) Each notification under paragraph (1) shall contain
information demonstrating, with respect to the military medical
treatment facility for which the modification in scope has been
proposed, the extent to which the commander of the military
installation at which the facility is located has been consulted
regarding such modification, to ensure that the proposed modifica-
tion in scope would have no impact on the operational plan for
such installation.’’.
H. R. 7776—267
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL
HARM CAUSED TO CIVILIANS FOR CARE PROVIDED AT
MILITARY MEDICAL TREATMENT FACILITIES.
(a) CLARIFICATION OF FEE WAIVER PROCESS.—Section 1079b
of title 10, United States Code, is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) WAIVER OF FEES.—The Director of the Defense Health
Agency may issue a waiver for a fee that would otherwise be
charged under the procedures implemented under subsection (a)
to a civilian provided medical care who is not a covered beneficiary
if the provision of such care enhances the knowledge, skills, and
abilities of health care providers, as determined by the Director
of the Defense Health Agency.’’; and
(2) by redesignating subsection (c) as subsection (d).
(b) MODIFIED PAYMENT PLAN FOR CERTAIN CIVILIANS.—Such
section is further amended—
(1) by inserting after subsection (b), as amended by sub-
section (a), the following:
‘‘(c) MODIFIED PAYMENT PLAN FOR CERTAIN CIVILIANS.—(1)(A)
If a civilian specified in subsection (a) is covered by a covered
payer at the time care under this section is provided, the civilian
shall only be responsible to pay the standard copays, coinsurance,
deductibles, or nominal fees that are otherwise applicable under
the covered payer plan.
‘‘(B) Except with respect to the copays, coinsurance, deductibles,
and nominal fees specified in subparagraph (A)—
‘‘(i) the Secretary of Defense may bill only the covered
payer for care provided to a civilian described in subparagraph
(A); and
‘‘(ii) payment received by the Secretary from the covered
payer of a civilian for care provided under this section that
is provided to the civilian shall be considered payment in full
for such care.
‘‘(2) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1), is underinsured, or has a remaining
balance and is at risk of financial harm, the Director of the Defense
Health Agency shall reduce each fee that would otherwise be
charged to the civilian under this section according to a sliding
fee discount program, as prescribed by the Director of the Defense
Health Agency.
‘‘(3) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1) or (2), the Director of the Defense
Health Agency shall implement an additional catastrophic waiver
to prevent severe financial harm.
‘‘(4) The modified payment plan under this subsection may
not be administered by a Federal agency other than the Department
of Defense.’’; and
(2) by adding at the end the following new subsection:
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered payer’ means a third-party payer
or other insurance, medical service, or health plan.
‘‘(2) The terms ‘third-party payer’ and ‘insurance, medical
service, or health plan’ have the meaning given those terms
in section 1095(h) of this title.’’.
(c) APPLICABILITY.—The amendments made by subsections (a)
and (b) shall apply with respect to care provided on or after the
H. R. 7776—268
date that is 180 days after the date of the enactment of this
Act.
SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION
PROJECTS RELATING TO DELIVERY OF HEALTH AND MED-
ICAL CARE THROUGH USE OF OTHER TRANSACTION
AUTHORITY.
(a) IN GENERAL.—Section 1092(b) of title 10, United States
Code, is amended by inserting ‘‘or transactions (other than con-
tracts, cooperative agreements, and grants)’’ after ‘‘contracts’’.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House
of Representatives a briefing on how the Secretary intends to use
the authority to enter into transactions under section 1092(b) of
title 10, United States Code, as amended by subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE
PROFESSIONALS PROVIDING SERVICES AS PART OF MIS-
SION RELATING TO EMERGENCY, HUMANITARIAN, OR REF-
UGEE ASSISTANCE.
Section 1094(d)(2) of title 10, United States Code, is amended
by inserting ‘‘ contractor not covered under section 1091 of this
title who is providing medical treatment as part of a mission
relating to emergency, humanitarian, or refugee assistance,’’ after
‘‘section 1091 of this title,’’.
SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE
OPIOID MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
Section 716 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
1090 note), is amended—
(1) in subsection (a)(1), by striking ‘‘Beginning not’’ and
inserting ‘‘Except as provided in subsection (e), beginning not’’;
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) ALTERNATIVE INITIATIVE TO IMPROVE OPIOID MANAGE-
MENT.—As an alternative to the pilot program under this section,
the Director of the Defense Health Agency, not later than January
1, 2023—
‘‘(1) may implement a permanent program to improve opioid
management for beneficiaries under the TRICARE program;
and
‘‘(2) if the Director decides to implement such a permanent
program, shall submit to the Committees on Armed Services
of the Senate and the House of Representatives the specifica-
tions of and reasons for implementing such program.’’.
SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH
AND DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO
DEFENSE HEALTH AGENCY.
(a) TEMPORARY RETENTION.—Notwithstanding section 1073c(e)
of title 10, United States Code, at the discretion of the Secretary
of Defense, a military department may retain, until not later than
February 1, 2024, a covered function if the Secretary of Defense
determines the covered function—
H. R. 7776—269
(1) addresses a need that is unique to the military depart-
ment; and
(2) is in direct support of operating forces and necessary
to execute strategies relating to national security and defense.
(b) BRIEFING.—
(1) IN GENERAL.—Not later than March 1, 2023, the Sec-
retary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on any covered function that the Secretary has deter-
mined should be retained by a military department pursuant
to subsection (a).
(2) ELEMENTS.—The briefing required by paragraph (1)
shall address the following:
(A) A description of each covered function that the
Secretary has determined should be retained by a military
department pursuant to subsection (a).
(B) The rationale for each such determination.
(C) Recommendations for amendments to section 1073c
of title 10, United States Code, to authorize the ongoing
retention of covered functions by military departments.
(c) MODIFICATION TO NAMES OF PUBLIC HEALTH COMMANDS.—
Section 1073c(e)(2)(B) of title 10, United States Code, is amended
by striking ‘‘Army Public Health Command, the Navy–Marine Corps
Public Health Command’’ and inserting ‘‘Army Public Health
Center, the Navy–Marine Corps Public Health Center’’.
(d) COVERED FUNCTION DEFINED.—In this section, the term
‘‘covered function’’ means—
(1) a function relating to research and development that
would otherwise be transferred to the Defense Health Agency
Research and Development pursuant to section 1073c(e)(1) of
title 10, United States Code; or
(2) a function relating to public health that would otherwise
be transferred to the Defense Health Agency Public Health
pursuant to section 1073c(e)(2) of such title.
SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY
REMARRIED FORMER SPOUSES.
(a) ACCESS.—The Secretary of Defense may authorize a
remarried former spouse who is a custodial parent of a dependent
child to retain electronic access to the privileged medical records
of such dependent child, notwithstanding that the former spouse
is no longer a dependent under section 1072(2) of title 10, United
States Code.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘dependent’’ has the meaning given that term
in section 1072 of title 10, United States Code.
(2) The term ‘‘dependent child’’ means a dependent child
of a remarried former spouse and a member or former member
of a uniformed service.
(3) The term ‘‘remarried former spouse’’ means a remarried
former spouse of a member or former member of a uniformed
service.
SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PROGRAM TO
PROMOTE EARLY LITERACY AMONG CERTAIN YOUNG
CHILDREN.
(a) AUTHORITY.—The Secretary of Defense may carry out a
program to promote early literacy among young children in child
H. R. 7776—270
development centers and libraries located on installations of the
Department of Defense.
(b) ACTIVITIES.—Activities under the program under subsection
(a) shall include the following:
(1) The provision of training on early literacy promotion
to appropriate personnel of the Department.
(2) The purchase and distribution of age-appropriate books
to covered caregivers assigned to or serving at an installation
of the Department with a child development center or library
at which the Secretary is carrying out the program.
(3) The dissemination to covered caregivers of education
materials on early literacy.
(4) Such other activities as the Secretary determines appro-
priate.
(c) LOCATIONS.—In carrying out the program under subsection
(a), the Secretary may conduct the activities under subsection (b)
at any child development center or library located on an installation
of the Department.
(d) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the Committees
on Armed Services of the House of Representatives and the Senate
a briefing on the extent to which the authority under subsection
(a) is used, including—
(1) a description of any activities carried out under the
program so authorized; and
(2) an evaluation of the potential expansion of such program
to be included as a part of the pediatric primary care of young
children and to be carried out in military medical treatment
facilities.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered caregiver’’ means a member of the
Armed Forces who is a caregiver of a young child.
(2) The term ‘‘young child’’ means any child from birth
to the age of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEM-
ONSTRATION.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting through
the Director of the Defense Health Agency, shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a plan for the conduct of the Accountable Care
Organization demonstration, notice of which was published in the
Federal Register on August 16, 2019 (84 Fed. Reg. 41974), (in
this section referred to as the ‘‘Demonstration’’).
(b) ELEMENTS.—The plan under subsection (a) shall include,
the following:
(1) A description of how the Demonstration shall be con-
ducted to deliver improved health outcomes, improved quality
of care, and lower costs under the TRICARE program.
(2) A description of the results for the TRICARE program
that the Secretary plans to achieve through the Demonstration,
with respect to the following outcome measures:
(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.
H. R. 7776—271
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be con-
ducted to shift financial risk from the Department of Defense
to civilian health care providers.
(4) A description of how investment in the Demonstration
shall serve as a bridge to future competitive demonstrations
of the Department of Defense with accountable care organiza-
tions.
(5) A detailed description of the geographic locations at
which the Secretary plans to conduct such future competitive
demonstrations.
(6) A description of how a third-party administrator shall
manage the administrative components of the Demonstration,
including with respect to eligibility, enrollment, premium pay-
ment processes, submission of qualifying life events changes,
and mailing address changes.
(c) TRICARE PROGRAM DEFINED.—In this section, the term
‘‘TRICARE program’’ has the meaning given that term in section
1072 of title 10, United States Code.
SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A MILI-
TARY HEALTH SYSTEM MEDICAL LOGISTICS DIRECTORATE
AND MILITARY HEALTH SYSTEM EDUCATION AND
TRAINING DIRECTORATE.
(a) STUDY AND PLAN.—The Secretary of Defense, in consultation
with the Secretaries of the military departments and the Joint
Chiefs of Staff, shall—
(1) conduct a study on the feasibility of the establishment
within the Defense Health Agency of two subordinate organiza-
tions, to be known as the Military Health System Medical
Logistics Directorate and the Military Health System Education
and Training Directorate, respectively; and
(2) develop a plan for such establishment.
(b) ELEMENTS.—The plan under subsection (a)(2) shall include
the following:
(1) MILITARY HEALTH SYSTEM MEDICAL LOGISTICS DIREC-
TORATE.—With respect to the Military Health System Medical
Logistics Directorate, the following:
(A) A description of the organizational structure of
the Directorate (including any subordinate organizations),
including the incorporation into the Directorate of existing
organizations of the military departments that provide
operational theater medical materiel support.
(B) A description of the resourcing by the Secretary
of the executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of how the head of the medical
research and development organization within the Defense
Health Agency shall coordinate with the Directorate.
(E) A description of the ability of the Directorate to
address the medical logistics requirements of the military
departments, the combatant commands, and the Joint
Staff.
H. R. 7776—272
(F) A description of any additional funding required
to establish the Directorate.
(G) A description of any additional legislative authori-
ties required to establish the Directorate, including any
such authorities required for the leadership and direction
of the Directorate.
(H) A description of any military department-specific
capabilities, requirements, or best practices relating to
medical logistics necessary to be considered prior to the
establishment of the Directorate.
(I) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(2) MILITARY HEALTH SYSTEM EDUCATION AND TRAINING
DIRECTORATE.—With respect to the Military Health System
Education and Training Directorate, the following:
(A) A description of the organizational structure of
the Directorate (including any subordinate organizations),
including the incorporation into the Directorate of existing
organizations that provide relevant medical education and
training, such as the following:
(i) The Uniformed Services University of the
Health Sciences.
(ii) The College of Allied Health Sciences of the
Uniformed Services University of the Health Sciences.
(iii) The Medical Education and Training Campus
of the Department of Defense.
(iv) The medical education and training commands
and organizations of the military departments.
(v) The medical training programs of the military
departments affiliated with civilian academic institu-
tions.
(B) A description of the resourcing by the Secretary
of the executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of the ability of the Directorate to
address the medical education and training requirements
of the military departments.
(E) A description of any additional funding required
for the establishment the Directorate.
(F) A description of any additional legislative authori-
ties required for the establishment of the Directorate,
including any such authorities required for the leadership
and direction of the Directorate.
(G) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(c) SUBMISSION.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of Representa-
tives and the Senate—
(1) the results of the study under subsection (a)(1); and
(2) the plan under subsection (a)(2).
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Subtitle C—Reports and Other Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGNMENT
OF MILITARY MEDICAL MANNING AND MEDICAL BILLETS.
Section 731(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1796) is amended
to read as follows:
‘‘(A) BRIEFING; REPORT.—The Comptroller General of
the United States shall—
‘‘(i) not later than February 1, 2023, provide to
the Committees on Armed Services of the House of
Representatives and the Senate a briefing on prelimi-
nary observations regarding the analyses used to sup-
port any reduction or realignment of military medical
manning, including any reduction or realignment of
medical billets of the military departments; and
‘‘(ii) not later than May 31, 2023, submit to the
Committees on Armed Services of the House of Rep-
resentatives and the Senate a report on such anal-
yses.’’.
SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION PRO-
GRAM.
Section 737 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1800) is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (A)—
(i) by inserting ‘‘broadly’’ after ‘‘disorder’’; and
(ii) by striking ‘‘demonstration project’’ and
inserting ‘‘demonstration program’’;
(B) in subparagraph (B), by striking ‘‘demonstration
project’’ and inserting ‘‘demonstration program’’;
(C) in subparagraph (C), by inserting ‘‘parental involve-
ment in applied behavioral analysis treatment, and’’ after
‘‘including’’;
(D) in subparagraph (D), by striking ‘‘for an individual
who has’’ and inserting ‘‘, including mental health out-
comes, for individuals who have’’;
(E) in subparagraph (E), by inserting ‘‘since its incep-
tion’’ after ‘‘demonstration program’’;
(F) in subparagraph (F), by inserting ‘‘cost effective-
ness, program effectiveness, and clinical’’ after ‘‘measure
the’’;
(G) in subparagraph (G), by inserting ‘‘than in the
general population’’ after ‘‘families’’;
(H) by redesignating subparagraph (H) as subpara-
graph (I); and
(I) by inserting after subparagraph (G) the following
new subparagraph (H):
‘‘(H) An analysis of whether the diagnosis and treat-
ment of autism is higher among the children of military
families than in the general population.’’; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘nine’’ and inserting ‘‘31’’.
H. R. 7776—274
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND COM-
PENSATION AUTHORITY FOR INDEPENDENT SUICIDE
PREVENTION AND RESPONSE REVIEW COMMITTEE.
Section 738 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1801) is amended—
(1) in subsection (b)(3), by striking ‘‘none of whom may
be’’ and all that follows through the closing period and inserting
‘‘none of whom may be—’’
‘‘(A) a member of an Armed Force; or
‘‘(B) a civilian employee of the Department of Defense,
unless the individual is a former member of an Armed
Force.’’.
(2) by redesignating subsections (f) through (h) as sub-
sections (g) through (i), respectively; and
(3) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) COMPENSATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary may compensate members of the committee estab-
lished under subsection (a) for the work of such members
for the committee.
‘‘(2) EXCEPTION.—A member of the committee established
under subsection (a) who is a civilian employee of the Depart-
ment of Defense and a former member of an Armed Force
may not receive compensation under paragraph (1).
‘‘(3) TREATMENT OF COMPENSATION.—A member of the com-
mittee established under subsection (a) who receives compensa-
tion under paragraph (1) shall not be considered a civilian
employee of the Department of Defense for purposes of sub-
section (b)(3)(B).’’.
SEC. 734. TERMINATION OF VETERANS’ ADVISORY BOARD ON RADI-
ATION DOSE RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public Law
108–183; 38 U.S.C. 1154 note) is amended—
(1) in subsection (b), by striking ‘‘, including the establish-
ment of the advisory board required by subsection (c)’’; and
(2) by striking subsection (c).
SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretaries concerned, shall establish a comprehensive
initiative for brain health to be known as the ‘‘Warfighter Brain
Health Initiative’’ (in this section referred to as the ‘‘Initiative’’)
for the purpose of unifying efforts and programs across the Depart-
ment of Defense to improve the cognitive performance and brain
health of members of the Armed Forces.
(b) OBJECTIVES.—The objectives of the Initiative shall be the
following:
(1) To enhance, maintain, and restore the cognitive
performance of members of the Armed Forces through edu-
cation, training, prevention, protection, monitoring, detection,
diagnosis, treatment, and rehabilitation, including through the
following activities:
(A) The establishment of a program to monitor cog-
nitive brain health across the Department of Defense, with
the goal of detecting any need for cognitive enhancement
H. R. 7776—275
or restoration resulting from potential brain exposures of
members of Armed Forces, to mitigate possible evolution
of injury or disease progression.
(B) The identification and dissemination of thresholds
for blast pressure safety and associated emerging scientific
evidence.
(C) The modification of high-risk training and oper-
ational activities to mitigate the negative effects of repet-
itive blast exposure.
(D) The identification of individuals who perform high-
risk training or occupational activities, for purposes of
increased monitoring of the brain health of such individ-
uals.
(E) The development and operational fielding of non-
invasive, portable, point-of-care medical devices, to inform
the diagnosis and treatment of traumatic brain injury.
(F) The establishment of a standardized monitoring
program that documents and analyzes blast exposures that
may affect the brain health of members of the Armed
Forces.
(G) The consideration of the findings and recommenda-
tions of the report of the National Academies of Science,
Engineering, and Medicine titled ‘‘Traumatic Brain Injury:
A Roadmap for Accelerating Progress’’ and published in
2022 (relating to the acceleration of progress in traumatic
brain injury research and care), or any successor report,
in relation to the activities of the Department relating
to brain health, as applicable.
(2) To harmonize and prioritize the efforts of the Depart-
ment of Defense into a single approach to brain health.
(c) ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for each of fiscal years 2025 through
2029 (as submitted with the budget of the President under section
1105(a) of title 31, United States Code), the Secretary of Defense
shall include a budget justification display that includes all activi-
ties of the Department relating to the Initiative.
(d) PILOT PROGRAM RELATING TO MONITORING OF BLAST COV-
ERAGE.—
(1) AUTHORITY.—The Director of the Defense Health Agency
may conduct, as part of the Initiative, a pilot program under
which the Director shall monitor blast overpressure exposure
through the use of commercially available, off-the-shelf, wear-
able sensors, and document and evaluate data collected as
a result of such monitoring.
(2) LOCATIONS.—Monitoring activities under a pilot pro-
gram conducted pursuant to paragraph (1) shall be carried
out in each training environment that the Director determines
poses a risk for blast overpressure exposure.
(3) DOCUMENTATION AND SHARING OF DATA.—If the Director
conducts a pilot program pursuant to paragraph (1), the
Director shall—
(A) ensure that any data collected pursuant to such
pilot program that is related to the health effects of the
blast overpressure exposure of a member of the Armed
Forces who participated in the pilot program is documented
H. R. 7776—276
and maintained by the Secretary of Defense in an electronic
health record for the member; and
(B) to the extent practicable, and in accordance with
applicable provisions of law relating to data privacy, make
data collected pursuant to such pilot program available
to other academic and medical researchers for the purpose
of informing future research and treatment options.
(e) STRATEGY AND IMPLEMENTATION PLAN.—Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report setting
forth a strategy and implementation plan of the Department of
Defense to achieve the objectives of the Initiative under subsection
(b).
(f) ANNUAL BRIEFINGS.—Not later than January 31, 2024, and
annually thereafter until January 31, 2027, the Secretary of Defense
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a report on the Initiative that
includes the following:
(1) A description of the activities taken under the Initiative
and resources expended under the Initiative during the prior
fiscal year.
(2) A summary of the progress made during the prior
fiscal year with respect to the objectives of the Initiative under
subsection (b).
(g) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 10, United States Code.
SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BETWEEN
UNITED STATES AND UKRAINE FOR MILITARY TRAUMA
CARE AND RESEARCH.
Not later than February 24, 2023, the Secretary of Defense
shall seek to enter into a partnership with the appropriate counter-
part from the Government of Ukraine for the establishment of
a joint program on military trauma care and research. Such pro-
gram shall consist of the following:
(1) The sharing of relevant lessons learned from the Russo-
Ukraine War.
(2) The conduct of relevant joint conferences and exchanges
with military medical professionals from Ukraine and the
United States.
(3) Collaboration with the armed forces of Ukraine on mat-
ters relating to health policy, health administration, and med-
ical supplies and equipment, including through knowledge
exchanges.
(4) The conduct of joint research and development on the
health effects of new and emerging weapons.
(5) The entrance into agreements with military medical
schools of Ukraine for reciprocal education programs under
which students at the Uniformed Services University of the
Health Sciences receive specialized military medical instruction
at the such military medical schools of Ukraine and military
medical personnel of Ukraine receive specialized military med-
ical instruction at the Uniformed Services University of the
Health Sciences, pursuant to section 2114(f) of title 10, United
States Code.
H. R. 7776—277
(6) The provision of support to Ukraine for the purpose
of facilitating the establishment in Ukraine of a program
substantially similar to the Wounded Warrior Program in the
United States.
(7) The provision of training to the armed forces of Ukraine
in the following areas:
(A) Health matters relating to chemical, biological,
radiological, nuclear and explosive weapons.
(B) Preventive medicine and infectious disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) The maintenance of a list of medical supplies and equip-
ment needed.
(9) Such other elements as the Secretary of Defense may
determine appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE
AVAILABLE UNDER MILITARY HEALTH SYSTEM.
(a) STUDY RELATING TO UNIFORMED SERVICES UNIVERSITY OF
THE HEALTH SCIENCE.—
(1) STUDY.—The Secretary of Defense shall conduct a study
on the feasibility and advisability of the following:
(A) Establishing graduate degree-granting programs
in counseling and social work at the Uniformed Services
University of the Health Sciences.
(B) Expanding the clinical psychology graduate pro-
gram of the Uniformed Services University of the Health
Sciences.
(2) MATTERS.—The study under paragraph (1) shall include
a description of—
(A) the process by which, as a condition of enrolling
in a degree-granting program specified in such paragraph,
a civilian student would be required to commit to post-
award employment obligations; and
(B) the processes and consequences that would apply
if such obligations are not met.
(3) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing the findings of the study
under paragraph (1).
(b) PILOT PROGRAM ON SCHOLARSHIP-FOR-SERVICE FOR CIVILIAN
BEHAVIORAL HEALTH PROVIDERS.—
(1) PILOT PROGRAM.—Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall commence the conduct of a pilot program under which—
(A) the Secretary may provide—
(i) scholarships to cover tuition and related fees
at an institution of higher education to an individual
enrolled in a program of study leading to a graduate
degree in clinical psychology, social work, counseling,
or a related field (as determined by the Secretary);
and
(ii) student loan repayment assistance to a
credentialed behavioral health provider who has a
graduate degree in clinical psychology, social work,
H. R. 7776—278
counseling, or a related field (as determined by the
Secretary); and
(B) in exchange for such assistance, the recipient shall
commit to work as a covered civilian behavioral health
provider in accordance with paragraph (2).
(2) POST-AWARD EMPLOYMENT OBLIGATIONS.—
(A) IN GENERAL.—Subject to subparagraph (B), as a
condition of receiving assistance under paragraph (1), the
recipient of such assistance shall enter into an agreement
with the Secretary of Defense pursuant to which the
recipient agrees to work on a full-time basis as a covered
civilian behavioral health provider for a period of a duration
that is at least equivalent to the period during which
the recipient received assistance under such paragraph.
(B) OTHER TERMS AND CONDITIONS.—An agreement
entered into pursuant to subparagraph (A) may include
such other terms and conditions as the Secretary of Defense
may determine necessary to protect the interests of the
United States or otherwise appropriate for purposes of
this section, including terms and conditions providing for
limited exceptions from the post-award employment obliga-
tion specified in such subparagraph.
(3) REPAYMENT.—
(A) IN GENERAL.—An individual who receives assist-
ance under paragraph (1) and does not complete the
employment obligation required under the agreement
entered into pursuant to paragraph (2) shall repay to the
Secretary of Defense a prorated portion of the financial
assistance received by the individual under paragraph (1).
(B) DETERMINATION OF AMOUNT.—The amount of any
repayment required under subparagraph (A) shall be deter-
mined by the Secretary.
(4) DURATION.—The authority to carry out the pilot pro-
gram under paragraph (1) shall terminate on the date that
is 10 years after the date on which such pilot program com-
mences.
(5) IMPLEMENTATION PLAN.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a plan for the implementa-
tion of this section.
(6) REPORTS.—
(A) IN GENERAL.—Not later than each of one year and
five years after the commencement of the pilot program
under paragraph (1), the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representative and the Senate a report on the pilot pro-
gram.
(B) ELEMENTS.—Each report under subparagraph (A)
shall include, with respect to the pilot program under sub-
section (1), the following:
(i) The number of students receiving scholarships
under the pilot program.
(ii) The institutions of higher education at which
such students are enrolled.
(iii) The total amount of financial assistance
expended under the pilot program per academic year.
H. R. 7776—279
(iv) The average scholarship amount per student
under the pilot program.
(v) The number of students hired as covered behav-
ioral health providers pursuant to the pilot program.
(vi) Any recommendations for terminating the pilot
program, extending the pilot program, or making the
pilot program permanent.
(c) REPORT ON BEHAVIORAL HEALTH WORKFORCE.—
(1) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall con-
duct an analysis of the behavioral health workforce under the
direct care component of the military health system and submit
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate a report containing the results
of such analysis. Such report shall include, with respect to
such workforce, the following:
(A) The number of positions authorized for military
behavioral health providers within such workforce, and
the number of such positions filled, disaggregated by the
professions described in paragraph (2).
(B) The number of positions authorized for civilian
behavioral health providers within such workforce, and
the number of such positions filled, disaggregated by the
professions described in paragraph (2).
(C) For each military department, the ratio of military
behavioral health providers assigned to military medical
treatment facilities compared to civilian behavioral health
providers so assigned, disaggregated by the professions
described in paragraph (2).
(D) For each military department, the number of mili-
tary behavioral health providers authorized to be embedded
within an operational unit, and the number of such posi-
tions filled, disaggregated by the professions described in
paragraph (2).
(E) Data on the historical demand for behavioral health
services by members of the Armed Forces.
(F) An estimate of the number of health care providers
necessary to meet the demand by such members for behav-
ioral health care services under the direct care component
of the military health system, disaggregated by provider
type.
(G) An identification of any shortfall between the esti-
mated number under subparagraph (F) and the total
number of positions for behavioral health providers filled
within such workforce.
(H) Such other information as the Secretary may deter-
mine appropriate.
(2) PROVIDER TYPES.—The professions described in this
paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary may deter-
mine appropriate.
(3) BEHAVIORAL HEALTH WORKFORCE AT REMOTE LOCA-
TIONS.—In conducting the analysis of the behavioral health
workforce under paragraph (1), the Secretary of Defense shall
H. R. 7776—280
ensure such behavioral health workforce at remote locations
(including Guam and Hawaii) and any shortfalls thereof, is
taken into account.
(d) PLAN TO ADDRESS SHORTFALLS IN BEHAVIORAL HEALTH
WORKFORCE.—Not later than one year after the date on which
the report under subsection (c) is submitted, the Secretary of
Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a plan to address
any shortfall of the behavioral health workforce identified under
paragraph (1)(G) of such subsection. Such plan shall address the
following:
(1) With respect to any such shortfall of military behavioral
health providers (addressed separately with respect to such
providers assigned to military medical treatment facilities and
such providers assigned to be embedded within operational
units), the recruitment, accession, retention, special pay and
other aspects of compensation, workload, role of the Uniformed
Services University of the Health Sciences and the Armed
Forces Health Professions Scholarship Program under chapter
105 of title 10, United States Code, any additional authorities
or resources necessary for the Secretary to increase the number
of such providers, and such other considerations as the Sec-
retary may consider appropriate.
(2) With respect to addressing any such shortfall of civilian
behavioral health providers, the recruitment, hiring, retention,
pay and benefits, workload, educational scholarship programs,
any additional authorities or resources necessary for the Sec-
retary to increase the number of such providers, and such
other considerations as the Secretary may consider appropriate.
(3) A recommendation as to whether the number of military
behavioral health providers in each military department should
be increased, and if so, by how many.
(4) A plan to ensure that remote installations are prioritized
for the assignment of military behavioral health providers.
(5) Updated access standards for behavioral health care
under the military health system, taking into account—
(A) the duration of time between a patient receiving
a referral for such care and the patient receiving individual-
ized treatment (following an initial intake assessment) from
a behavioral health provider; and
(B) the frequency of regular follow-up appointments
subsequent to the first appointment at which a patient
receives such individualized treatment.
(6) A plan to expand access to behavioral health care under
the military health system using telehealth.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘behavioral health’’ includes psychiatry, clin-
ical psychology, social work, counseling, and related fields.
(2) The term ‘‘civilian behavioral health provider’’ means
a behavioral health provider who is a civilian employee of
the Department of Defense.
(3) The term ‘‘counselor’’ means an individual who holds—
(A) a master’s or doctoral degree from an accredited
graduate program in—
(i) marriage and family therapy; or
(ii) clinical mental health counseling; and
H. R. 7776—281
(B) a current license or certification from a State that
grants the individual the authority to provide counseling
services as an independent practitioner in the respective
field of the individual.
(4) The term ‘‘covered civilian behavioral health provider’’
means a civilian behavioral health provider whose employment
by the Secretary of Defense involves the provision of behavioral
health services at a military medical treatment facility.
(5) The term ‘‘institution of higher education’’ has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(6) The term ‘‘military behavioral health provider’’ means
a behavioral health provider who is a member of the Armed
Forces.
(7) The term ‘‘military installation’’ has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ‘‘military medical treatment facility’’ means
a facility specified in section 1073d of such title.
(9) The term ‘‘remote installation’’ means a military
installation that the Secretary determines to be in a remote
location.
(10) The term ‘‘State’’ means each of the several States,
the District of Columbia, and each commonwealth, territory
or possession of the United States.
SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF MENTAL
HEALTH SERVICES TO MEMBERS OF THE ARMED FORCES
AND MILITARY FAMILIES.
(a) IN GENERAL.—The Secretary of Defense, in consultation
with the President of the Uniformed Services University of the
Health Sciences, shall develop a curriculum and certification pro-
gram to provide civilian mental health professionals and students
in mental health-related disciplines with the specialized knowledge
and skills necessary to address the unique mental health needs
of members of the Armed Forces and military families.
(b) IMPLEMENTATION.—Not later than 90 days after completing
the development of the curriculum and certification program under
subsection (a), the Secretary of Defense shall implement such cur-
riculum and certification program in the Uniformed Services
University of the Health Sciences.
(c) AUTHORITY TO DISSEMINATE BEST PRACTICES.—The Sec-
retary of Defense may disseminate best practices based on the
curriculum and certification program developed and implemented
under this section to other institutions of higher education, as
such term is defined in section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002).
(d) TERMINATION.—The authority to carry out the curriculum
and certification program under this section shall terminate on
the date that is five years after the date of the enactment of
this Act.
(e) BRIEFING.—Not later than 180 days after the termination
date specified in subsection (d), the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the results of the
curriculum and certification program developed and implemented
under this section.
H. R. 7776—282
SEC. 739. STANDARDIZATION OF POLICIES RELATING TO SERVICE IN
ARMED FORCES BY INDIVIDUALS DIAGNOSED WITH HBV.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries concerned, shall—
(1) review regulations, establish policies, and issue guid-
ance relating to service in the Armed Forces by individuals
diagnosed with HBV, consistent with the health care standards
and clinical guidelines of the Department of Defense; and
(2) identify areas where the regulations, policies, and guid-
ance of the Department relating to individuals diagnosed with
HBV (including with respect to enlistments, assignments,
deployments, and retention standards) may be standardized
across the Armed Forces.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘HBV’’ means the Hepatitis B Virus.
(2) The term ‘‘Secretary concerned’’ has the meaning given
that term in section 101 of title 10, United States Code.
SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION FOR USE
BY DEPARTMENT OF DEFENSE; CONGRESSIONAL
NOTIFICATION.
(a) STANDARDIZATION OF DEFINITION.—Not later than one year
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretaries concerned, shall develop, for
use across the Armed Forces, a standardized definition for the
term ‘‘suicide cluster’’.
(b) NOTIFICATION REQUIRED.—Beginning not later than one
year after the date of the enactment of this Act, whenever the
Secretary determines the occurrence of a suicide cluster (as that
term is defined pursuant to subsection (a)) among members of
the Armed Forces, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate
a notification of such determination.
(c) BRIEFING.—Not later than April 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on the
following:
(1) The methodology being used in the development of
the definition under subsection (a).
(2) The progress made towards the development of the
process for submitting required notifications under subsection
(b).
(3) An estimated timeline for the implementation of this
section.
(d) COORDINATION REQUIRED.—In developing the definition
under subsection (a) and the process for submitting required
notifications under subsection (b), the Secretary of Defense shall
coordinate with the Secretaries concerned.
(e) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 10, United States Codes.
SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL MAN-
NING END STRENGTH: CERTIFICATION REQUIREMENT
AND OTHER REFORMS.
(a) LIMITATION.—
H. R. 7776—283
(1) IN GENERAL.—Except as provided in paragraph (2), and
in addition to the limitation under section 719 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 133 Stat. 1454), as most recently amended by section
731 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1795), during the five-
year period beginning on the date of the enactment of this
Act, neither the Secretary of Defense nor a Secretary concerned
may reduce military medical end strength authorizations, and
following such period, neither may reduce such authorizations
unless the Secretary of Defense issues a waiver pursuant to
paragraph (6).
(2) EXCEPTION.—The limitation under paragraph (1) shall
not apply with respect to the following:
(A) Administrative billets of a military department that
have remained unfilled since at least October 1, 2018.
(B) Billets identified as non-clinical in the budget of
the President for fiscal year 2020 submitted to Congress
pursuant to section 1105(a) of title 31, United States Code,
except that the number of such billets may not exceed
1,700.
(C) Medical headquarters billets of the military depart-
ments not assigned to, or providing direct support to, oper-
ational commands.
(3) REPORT ON COMPOSITION OF MILITARY MEDICAL
WORKFORCE REQUIREMENTS.—The Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall conduct an assessment of current military medical man-
ning requirements (taking into consideration factors including
future operational planning, training, and beneficiary
healthcare) and submit to the Committees on Armed Services
of the House of Representatives and the Senate a report con-
taining the findings of such assessment. Such assessment shall
be informed by the following:
(A) The National Defense Strategy submitted under
section 113(g) of title 10, United States Code.
(B) The National Military Strategy prepared under
section 153(b) of such title.
(C) The campaign plans of the combatant commands.
(D) Theater strategies.
(E) The joint medical estimate under section 732 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817).
(F) The plan of the Department of Defense on
integrated medical operations, as updated pursuant to
paragraph (1) of section 724(a) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–
81; 135 Stat. 1793; 10 U.S.C. 1096 note).
(G) The plan of the Department of Defense on global
patient movement, as updated pursuant to paragraph (2)
of such section 724(a).
(H) The biosurveillance program of the Department
of Defense established pursuant to Department of Defense
Directive 6420.02 (relating to biosurveillance).
(I) Requirements for graduate medical education.
(J) The report of the COVID–19 Military Health
System Review Panel under section 731 of the William
H. R. 7776—284
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3698).
(K) The report of the Inspector General of the Depart-
ment of Defense titled ‘‘Evaluation of Department of
Defense Military Medical Treatment Facility Challenges
During the Coronavirus Disease-2019 (COVID-19) Pan-
demic in Fiscal Year 2021 (DODIG-2022-081)’’ and pub-
lished on April 5, 2022.
(L) Reports of the Comptroller General of the United
States relating to military health system reforms under-
taken on or after January, 1, 2017, including any such
reports relating to military medical manning and force
composition mix.
(M) Such other reports as may be determined appro-
priate by the Secretary of Defense.
(4) CERTIFICATION.—The Secretary of Defense shall submit
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate a certification containing the fol-
lowing:
(A) A certification of the completion of a comprehensive
review of military medical manning, including with respect
to the medical corps (or other health- or medical-related
component of a military department), designator, profes-
sion, occupation, and rating of medical personnel.
(B) A justification for any proposed increase, realign-
ment, reduction, or other change to the specialty or occupa-
tional composition of military medical end strength
authorizations, which may include compliance with a
requirement or recommendation set forth in a strategy,
plan, or other matter specified in paragraph (3).
(C) A certification that, in the case that any change
to such specialty or occupational composition is required,
a vacancy resulting from such change may not be filled
with a position other than a health- or medical-related
position until such time as there are no military medical
billets remaining to fill the vacancy.
(D) A risk analysis associated with the potential
realignment or reduction of any military medical end
strength authorizations.
(E) An identification of any plans of the Department
to backfill military medical personnel positions with civilian
personnel.
(F) A plan to address persistent vacancies for civilian
personnel in health- or medical-related positions, and a
risk analysis associated with the hiring, onboarding, and
retention of such civilian personnel, taking into account
provider shortfalls across the United States.
(G) A comprehensive plan to mitigate any risk identi-
fied pursuant to subparagraph (D) or (F), including with
respect to funding necessary for such mitigation across
fiscal years.
(5) PROCESS REQUIRED.—The Secretaries of the military
departments, in coordination with the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff, shall develop
and submit to the Committees on Armed Services of the House
of Representatives and the Senate a process for the authoriza-
tion of proposed modifications to the composition of the medical
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manning force mix across the military departments while
maintaining compliance with the limitation under paragraph
(1). Such process shall—
(A) take into consideration the funding required for
any such proposed modification; and
(B) include distinct processes for proposed increases
and proposed decreases, respectively, to the medical man-
ning force mix of each military department.
(6) WAIVER.—
(A) IN GENERAL.—Following the conclusion of the five-
year period specified in paragraph (1), the Secretary of
Defense may waive the prohibition under such subsection
if—
(i) the report requirement under paragraph (3),
the certification requirement under paragraph (4), and
the process requirement under paragraph (5) have been
completed;
(ii) the Secretary determines that the waiver is
necessary and in the interests of the national security
of the United States; and
(iii) the waiver is issued in writing.
(B) NOTIFICATION TO CONGRESS.—Not later than five
days after issuing a waiver under subparagraph (A), the
Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a notification of the waiver (including the text of
the waiver and a justification for the waiver) and provide
to such committees a briefing on the components of the
waiver.
(b) TEMPORARY SUSPENSION OF IMPLEMENTATION OF PLAN FOR
RESTRUCTURE OR REALIGNMENT OF MILITARY MEDICAL TREATMENT
FACILITIES.—The Secretary of Defense may not implement the plan
under section 703(d)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2199) until
the later of the following:
(1) The date that is one year after the date of the enactment
of this Act.
(2) The date on which the Secretary of Defense completes
the following:
(A) A risk analysis for each military medical treatment
facility to be realigned, restructured, or otherwise affected
under the implementation plan under such section
703(d)(1), including an assessment of the capacity of the
TRICARE network of providers in the area of such military
medical treatment facility to provide care to the TRICARE
Prime beneficiaries that would otherwise be assigned to
such military medical treatment facility.
(B) An identification of the process by which the assess-
ment conducted under subsection (a)(3) and the certification
required under subsection (a)(4) shall be linked to any
restructuring or realignment of military medical treatment
facilities.
(c) BRIEFINGS; FINAL REPORT.—
(1) INITIAL BRIEFING.—Not later than April 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on—
H. R. 7776—286
(A) the method by which the Secretary plans to meet
the report requirement under subsection (a)(3), the certifi-
cation requirement under subsection (a)(4), and the process
requirement under subsection (a)(5); and
(B) the matters specified in subparagraphs (A) and
(B) of subsection (b)(2).
(2) BRIEFING ON PROGRESS.—Not later than two years after
the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the
progress made towards completion of the requirements specified
in paragraph (1)(A).
(3) FINAL BRIEFING.—Not later than three years after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a final briefing on
the completion of such requirements.
(4) FINAL REPORT.—Not later than three years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a final report on the comple-
tion of such requirements. Such final report shall be in addition
to the report, certification, and process submitted under para-
graphs (3), (4), and (5) of subsection (a), respectively.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘medical personnel’’ has the meaning given
such term in section 115a(e) of title 10, United States Code.
(2) The term ‘‘Secretary concerned’’ has the meaning given
that term in section 101(a) of such title.
(3) The term ‘‘theater strategy’’ means an overarching con-
struct outlining the vision of a combatant commander for the
integration and synchronization of military activities and oper-
ations with other national power instruments to achieve the
strategic objectives of the United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPARTMENT
OF DEFENSE INTERNSHIP PROGRAMS RELATING TO
CIVILIAN BEHAVIORAL HEALTH PROVIDERS.
(a) FEASIBILITY STUDY.—The Secretary of Defense shall conduct
a study on the feasibility of establishing paid pre-doctoral and
post-doctoral internship programs for the purpose of training clinical
psychologists to work as covered civilian behavioral health pro-
viders.
(b) ELEMENTS.—The feasibility study under subsection (a) shall
assess, with respect to the potential internship programs specified
in such subsection, the following:
(1) A model under which, as a condition of participating
in such an internship program, the participant would enter
into an agreement with the Secretary under which the partici-
pant agrees to work on a full-time basis as a covered civilian
behavioral health provider for a period of a duration that is
at least equivalent to the period of participation in such intern-
ship program.
(2) Methods by which the Secretary may address scenarios
in which an individual who participates in such an internship
program does not complete the employment obligation required
under the agreement referred to in paragraph (1), including
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by requiring the individual to repay to the Secretary a prorated
portion of the cost of administering such program (to be deter-
mined by the Secretary) with respect to such individual and
of any payment received by the individual under such program.
(3) The methods by which the Secretary may adjust the
workload and staffing of behavioral health providers in military
medical treatment facilities to ensure sufficient capacity to
supervise participants in such internship programs.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate
a report containing the findings of the feasibility study under sub-
section (a).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘behavioral health’’ includes psychiatry, clin-
ical psychology, social work, counseling, and related fields.
(2) The term ‘‘behavioral health provider’’ includes the fol-
lowing:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional counselor.
(D) A licensed professional clinical counselor of mental
health.
(E) A licensed clinical mental health counselor.
(F) A licensed mental health practitioner.
(3) The term ‘‘covered civilian behavioral health provider’’
means a civilian behavioral health provider whose employment
by the Secretary of Defense involves the provision of behavioral
health services at a military medical treatment facility.
(4) The term ‘‘civilian behavioral health provider’’ means
a behavioral health provider who is a civilian employee of
the Department of Defense.
(5) The term ‘‘military medical treatment facility’’ means
a facility specified in section 1073d of title 10, United States
Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTABLISH-
MENT OF NEW COMMAND ON DEFENSE HEALTH.
(a) UPDATES.—The Secretary of Defense shall update prior
studies regarding the feasibility of establishing a new defense health
command under which the Defense Health Agency would be a
joint component. In conducting such updates, the Secretary shall
consider for such new command each of the following potential
structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary determines
is appropriate for consideration.
(b) MATTERS.—The updates under subsection (a) shall include,
with respect to the new command specified in such subsection,
the following:
(1) An assessment of the potential organizational structure
of the new command sufficient for the new command to carry
out the responsibilities described in subsection (c), including
a description of the following:
(A) The potential reporting relationship between the
commander of the new command, the Assistant Secretary
H. R. 7776—288
of Defense for Health Affairs, and the Under Secretary
of Defense for Personnel and Readiness.
(B) The potential relationship of the new command
to the military departments, the combatant commands,
and the Joint Staff.
(C) The potential responsibilities of the commander
of the new command and how such responsibilities would
differ from the responsibilities of the Director of the
Defense Health Agency.
(D) The potential chain of command between such com-
mander and the Secretary of Defense.
(E) The potential roles of the Surgeons General of
the Army, Navy, and Air Force, with respect to such com-
mander.
(F) Any organizations that support the Defense Health
Agency, such as the medical departments and medical logis-
tics organizations of each military department.
(G) The potential organizational structure of the new
command, including any subordinate commands.
(H) The geographic location, or multiple such locations,
of the headquarters of the new command and any subordi-
nate commands.
(I) How the Defense Health Agency currently serves
as a provider of optimally trained and clinically proficient
health care professionals to support combatant commands.
(J) How the new command may further serve as a
provider of optimally trained and clinically proficient health
care professionals to support combatant commands.
(2) An assessment of any additional funding necessary
to establish the new command.
(3) An assessment of any additional legislative authorities
necessary to establish the new command, including with respect
to the executive leadership and direction of the new command.
(4) An assessment of the required resourcing of the execu-
tive leadership of the new command.
(5) If the Secretary makes the determination to establish
the new command, a timeline for such establishment.
(6) If the Secretary defers such determination pending fur-
ther implementation of other organizational reforms to the
military health system, a timeline for such future determina-
tion.
(7) Such other matters relating to the establishment, oper-
ations, or activities of the new command as the Secretary
may determine appropriate.
(c) RESPONSIBILITIES DESCRIBED.—The responsibilities
described in this subsection are as follows:
(1) The conduct of health operations among operational
units of the Armed Forces.
(2) The administration of military medical treatment facili-
ties.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces with the
primary responsibility for the following:
(A) Medical treatment, advanced trauma management,
emergency surgery, and resuscitative care.
(B) Emergency and specialty surgery, intensive care,
medical specialty care, and related services.
H. R. 7776—289
(C) Preventive, acute, restorative, curative, rehabilita-
tive, and convalescent care.
(5) Collaboration with medical facilities participating in
the National Disaster Medical System established pursuant
to section 2812 of the Public Health Service Act (42 U.S.C.
300hh–11), the Veterans Health Administration, and such other
Federal departments and agencies and nongovermental
organizations as may be determined appropriate by the Sec-
retary, including with respect to the care services specified
in paragraph (4)(C).
(6) The conduct of existing research and education activities
of the Department of Defense in the field of health sciences.
(7) The conduct of public health and global health activities
not otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Program
Account under section 1100 of title 10, United States Code.
(d) INTERIM BRIEFING.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the House of Representa-
tives and the Senate a briefing on the method by which the Sec-
retary intends to update prior studies as required pursuant to
subsection (a).
(e) FINAL BRIEFING; REPORT.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall—
(1) provide to the Committees on Armed Services of the
House of Representatives and the Senate a final briefing on
the implementation of this section; and
(2) submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing
the updates to prior studies required pursuant to subsection
(a), including each of the elements specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT
TO EFFECTS OF EXPOSURE TO OPEN BURN PITS AND
OTHER ENVIRONMENTAL HAZARDS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall—
(1) conduct a capability assessment of potential improve-
ments to activities of the Department of Defense to reduce
the effects of environmental exposures with respect to members
of the Armed Forces; and
(2) develop an action plan to implement such improvements
assessed under paragraph (1) as the Secretary considers appro-
priate.
(b) ELEMENTS.—The capability assessment required by sub-
section (a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health assess-
ments, the following:
(A) An assessment of the feasibility and advisability
of adding additional screening questions relating to
environmental and occupational exposures to current
health assessments of members of the Armed Forces con-
ducted by the Secretary of Defense, including pre- and
post-deployment assessments and pre-separation assess-
ments.
H. R. 7776—290
(B) An assessment of the potential value and feasibility
of regularly requiring spirometry or other pulmonary func-
tion testing pre- and post-deployment for all members,
or selected members, of the Armed Forces.
(2) With respect to the conduct of outreach and education,
the following:
(A) An evaluation of clinician training on the health
effects of airborne hazards and how to document exposure
information in health records maintained by the Depart-
ment of Defense and the Department of Veterans Affairs.
(B) An assessment of the adequacy of current actions
by the Secretary of Defense and the Secretary of Veterans
Affairs to increase awareness among members of the Armed
Forces and veterans of the purposes and uses of the Air-
borne Hazards and Open Burn Pit Registry and the effect
of a potential requirement that individuals meeting
applicable criteria be automatically enrolled in the registry
unless such individuals opt out of enrollment.
(C) An assessment of operational plans for deployment
with respect to the adequacy of educational activities for,
and evaluations of, performance of command authorities,
medical personnel, and members of the Armed Forces on
deployment on anticipated environmental exposures and
potential means to minimize and mitigate any adverse
health effects of such exposures, including through the
use of monitoring, personal protective equipment, and med-
ical responses.
(D) An evaluation of potential means to improve the
education of health care providers of the Department of
Defense with respect to the diagnosis and treatment of
health conditions associated with environmental exposures.
(3) With respect to the monitoring of exposure during
deployment operations, the following:
(A) An evaluation of potential means to strengthen
tactics, techniques, and procedures used in deployment
operations to document—
(i) specific locations where members of the Armed
Forces served;
(ii) environmental exposures in such locations; and
(iii) any munitions involved during such service
in such locations.
(B) An assessment of potential improvements in the
acquisition and use of wearable monitoring technology and
remote sensing capabilities to record environmental expo-
sures by geographic location.
(C) An analysis of the potential value and feasibility
of maintaining a repository of frozen soil samples from
each deployment location to be later tested as needed when
concerns relating to environmental exposures are identified.
(4) With respect to the use of the Individual Longitudinal
Exposure Record, the following:
(A) An assessment of feasibility and advisability of
recording individual clinical diagnosis and treatment
information in the Individual Longitudinal Exposure
Record to be integrated with exposure data.
(B) An evaluation of—
H. R. 7776—291
(i) the progress toward making the Individual
Longitudinal Exposure Record operationally capable
and accessible to members of the Armed Forces and
veterans by 2023; and
(ii) the integration of data from the Individual
Longitudinal Exposure Record with the electronic
health records of the Department of Defense and the
Department of Veterans Affairs.
(C) An assessment of the feasibility and advisability
of making such data accessible to the surviving family
members of members of the Armed Forces and veterans.
(5) With respect to the conduct of research, the following:
(A) An assessment of the potential use of the Airborne
Hazards and Open Burn Pit Registry for research on moni-
toring and identifying the health consequences of exposure
to open burn pits.
(B) An analysis of options for increasing the amount
and the relevance of additional research into the health
effects of open burn pits and effective treatments for such
health effects.
(C) An evaluation of potential research of biomarker
monitoring to document environmental exposures during
deployment or throughout the military career of a member
of the Armed Forces.
(D) An analysis of potential organizational strength-
ening with respect to the management of research on
environmental exposure hazards, including the establish-
ment of a joint program executive office for such manage-
ment.
(E) An assessment of the findings and recommenda-
tions of the 2020 report by the National Academies of
Science, Engineering, and Medicine titled ‘‘Respiratory
Health Effects of Airborne Hazards Exposures in the South-
west Asia Theater of Military Operations’’.
(6) An evaluation of such other matters as the Secretary
of Defense determines appropriate to ensure a comprehensive
review of activities relating to the effects of exposure to open
burn pits and other environmental hazards.
(c) SUBMISSION OF PLAN AND BRIEFING.—Not later than 240
days after the date of the enactment of this Act, the Secretary
of Defense shall—
(1) submit to the Committees on Armed Services of the
House of Representatives and the Senate the action plan
required by subsection (a)(2); and
(2) provide to such committees a briefing on the results
of the capability assessment required by subsection (a)(1).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Airborne Hazards and Open Burn Pit Reg-
istry’’ means the registry established under section 201 of the
Dignified Burial and Other Veterans’ Benefits Improvement
Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
(2) The term ‘‘environmental exposure’’ means an exposure
to an open burn pit or other environmental hazard, as deter-
mined by the Secretary of Defense.
H. R. 7776—292
(3) The term ‘‘open burn pit’’ has the meaning given that
term in section 201(c) of the Dignified Burial and Other Vet-
erans’ Benefits Improvement Act of 2012 (Public Law 112–
260; 38 U.S.C. 527 note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING REVIEW.
(a) REVIEW.—The Inspector General of the Department of
Defense shall conduct a comprehensive review of the medical
training for health care professionals furnishing medical care to
individuals undergoing Navy Sea, Air, and Land (SEAL) training,
the quality assurance mechanisms in place with respect to such
care, and the efforts to mitigate health stress of individuals under-
going such training.
(b) ELEMENTS.—The review under subsection (a) shall include
the following elements:
(1) A review of the policies for improved medical care
of individuals undergoing Navy SEAL training and quality
assurance with respect to such care.
(2) A review of sleep deprivation practices implemented
with respect to Navy SEAL training, including an identification
of when such practices were initially implemented and how
frequently such practices are updated.
(3) An assessment of the policies and rules relating to
the use of performance enhancing drugs by individuals under-
going Navy SEAL training.
(4) An assessment of the oversight of health care profes-
sionals (including enlisted and officer medical personnel,
civilian employees of the Department of Defense, and contrac-
tors of the Department) with respect to the provision by such
professionals of health care services to individuals undergoing
Navy SEAL training.
(5) A review and assessment of deaths, occurring during
the twenty-year period preceding the date of the review, of
individuals who were undergoing Navy SEAL training at the
time of death.
(6) A review of ongoing efforts and initiatives to ensure
the safety of individuals undergoing Navy SEAL training and
to prevent the occurrence of long-term injury, illness, and death
among such individuals.
(7) An assessment of the role of nutrition in Navy SEAL
training.
(c) INTERIM BRIEFING.—Not later than March 1, 2023, the
Inspector General of the Department of Defense shall provide to
the Committees on Armed Services of the House of Representatives
and the Senate a briefing on how the Inspector General plans
to conduct the review under subsection (a), including with respect
to each element specified in subsection (b).
(d) FINAL REPORT.—Not later than one year after the date
of the enactment of this Act, the Inspector General of the Depart-
ment of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a final report
on the completion of the review under subsection (a), including
recommendations of the Inspector General developed as a result
of such review.
H. R. 7776—293
SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PERSONNEL OF
EACH MILITARY DEPARTMENT AND RELATED MATTERS.
(a) REPORTS.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years,
the Secretary of Defense, in coordination with the Secretaries of
the military departments, shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a report
on the composition of the medical personnel of each military depart-
ment and related matters.
(b) ELEMENTS.—Each report under subsection (a) shall include
the following:
(1) With respect to each military department, the following:
(A) An identification of the number of medical per-
sonnel of the military department who are officers in a
grade above O–6.
(B) An identification of the number of such medical
personnel who are officers in a grade below O–7.
(C) A description of any plans of the Secretary to—
(i) reduce the total number of such medical per-
sonnel; or
(ii) eliminate any covered position for such medical
personnel.
(D) A recommendation by the Secretary for the number
of covered positions for such medical personnel that should
be required for purposes of maximizing medical readiness
(without regard to current statutory limitations, or poten-
tial future statutory limitations, on such number), pre-
sented as a total number for each military department
and disaggregated by grade.
(2) An assessment of the grade for the position of the
Medical Officer of the Marine Corps, including—
(A) a comparison of the effects of filling such position
with an officer in the grade of O–6 versus an officer in
the grade of O–7;
(B) an assessment of potential issues associated with
the elimination of such position; and
(C) a description of any potential effects of such elimi-
nation with respect to medical readiness.
(3) An assessment of all covered positions for medical per-
sonnel of the military departments, including the following:
(A) The total number of authorizations for such covered
positions, disaggregated by—
(i) whether the authorization is for a position in
a reserve component; and
(ii) whether the position so authorized is filled
or vacant.
(B) A description of any medical- or health-related
specialty requirements for such covered positions.
(C) For each such covered position, an identification
of the title and geographic location of, and a summary
of the responsibility description for, the position.
(D) For each such covered position, an identification
of the span of control of the position, including with respect
to the highest grade at which each such position has been
filled.
(E) An identification of any downgrading, upgrading,
or other changes to such covered positions occurring during
H. R. 7776—294
the 10-year period preceding the date of the report, and
an assessment of whether any such changes have resulted
in the transfer of responsibilities previously assigned to
such a covered position to—
(i) a position in the Senior Executive Service or
another executive personnel position; or
(ii) a position other than a covered position.
(F) A description of any officers in a grade above O–
6 assigned to the Defense Health Agency, the Office of
the Assistant Secretary of Defense for Health Affairs, the
Joint Staff, or any other position within the military health
system.
(G) A description of the process by which the positions
specified in subparagraph (F) are validated against military
requirements or similar billet justification processes.
(H) A side-by-side comparison demonstrating, across
the military departments, the span of control and the
responsibilities of covered positions for medical personnel
of each military department.
(c) DISAGGREGATION OF CERTAIN DATA.—The data specified in
subparagraphs (A) and (B) of subsection (b)(1) shall be presented
as a total number and disaggregated by each medical component
of the respective military department.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered position’’ means a position for an
officer in a grade above O–6.
(2) The term ‘‘officer’’ has the meanings given that term
in section 101(b) of title 10, United States Code.
(3) The term ‘‘medical component’’ means—
(A) in the case of the Army, the Medical Corps, Dental
Corps, Nurse Corps, Medical Service Corps, Veterinary
Corps, and Army Medical Specialist Corps;
(B) in the case of the Air Force, members designated
as medical officers, dental officers, Air Force nurses, med-
ical service officers, and biomedical science officers; and
(C) in the case of the Navy, the Medical Corps, Dental
Corps, Nurse Corps, and Medical Service Corps.
(4) The term ‘‘medical personnel’’ has the meaning given
such term in section 115a(e) of title 10, United States Code.
(5) The term ‘‘military department’’ has the meaning given
that term in section 101(a) of such title.
SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND RETEN-
TION ON OPERATIONAL TEMPO AND PHYSICAL AND
MENTAL HEALTH OF MEMBERS OF THE ARMED FORCES.
(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a report on the effects of low recruitment and
retention on the Armed Forces.
(b) MATTERS.—The report under subsection (a) shall include
an assessment of the following:
(1) The effect of low recruitment on the tempo for oper-
ational units during the previous five years, including with
respect to deployed units and units in pre-deployment training.
H. R. 7776—295
(2) Whether the rate of operational tempo during the per-
vious five years has affected the retention of members of the
Armed Forces, including with respect to deployed units and
units in pre-deployment training.
(3) How the rate of operational tempo during the previous
five years has affected the number of mental health visits
of members of the Armed Forces serving in such units.
(4) How the rate of operational tempo during the pervious
five years has affected the number of suicides occurring within
such units.
(5) Whether the rate of operational tempo during the per-
vious five years has affected the number of musculoskeletal
and related injuries incurred by members of the Armed Forces
serving in such units.
(6) The type or types of military occupational specialties
most affected by low recruitment.
(7) Lessons learned in the process of gathering data for
the report under this section.
(8) Any policy or legislative recommendations to mitigate
the effect of low recruitment on the operational tempo of the
Armed Forces.
SEC. 748. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND
INTIMATE PARTNER VIOLENCE THROUGH TRICARE PRO-
GRAM.
(a) GUIDANCE.—The Secretary of Defense shall disseminate
guidance on the implementation through the TRICARE program
of—
(1) education on healthy relationships and intimate partner
violence; and
(2) protocols for—
(A) the routine assessment of intimate partner violence
and sexual assault; and
(B) the promotion of, and strategies for, trauma-
informed care plans.
(b) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives
and the Senate a briefing on the implementation of this section.
SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS FOR MEM-
BERS OF THE ARMED FORCES.
(a) IN GENERAL.—Not later than March 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the following:
(1) The feasibility and advisability of implementing reforms
related to suicide prevention among members of the Armed
Forces as follows:
(A) Eliminating mental health history as a disqualifier
for service in the Armed Forces, including by eliminating
restrictions related to mental health history that are spe-
cific to military occupational specialties.
(B) Requiring comprehensive and in-person annual
mental health assessments of members of the Armed
Forces.
(C) Requiring behavioral health providers under the
TRICARE program, including providers contracted through
H. R. 7776—296
such program, to undergo evidence-based and suicide-spe-
cific training.
(D) Requiring leaders at all levels of the Armed Forces
to be trained on the following:
(i) Total wellness.
(ii) Suicide warning signs and risk factors.
(iii) Evidence-based, suicide-specific interventions.
(iv) Effectively communicating with medical and
behavioral health providers.
(v) Communicating with family members,
including extended family members who are not co-
located with a member of the Armed Forces, on support
and access to resources for members of the Armed
Forces and the dependents thereof.
(E) Requiring mandatory referral to Warriors in
Transition programs, or other transitional programs, for
members of the Armed Forces who are eligible for such
programs.
(2) Recommendations for additional legislative actions nec-
essary to further enhance or expand suicide prevention efforts
of the Department of Defense.
(b) DEFINITIONS.—In this section—
(1) The term ‘‘TRICARE program’’ has the meaning given
that term in section 1072 of title 10, United States Code.
(2) The term ‘‘Warriors in Transition program’’ has the
meaning given that term in section 738(e) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 10 U.S.C. 1071 note).
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS
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 deploy-
ment of capabilities needed under specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal for disclo-
sure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition pro-
grams.
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 pro-
posed 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.
H. R. 7776—297
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 weap-
ons 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 ex-
cellence.
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.
Sec. 836. Department of Defense national imperative for industrial skills program.
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 procurement
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 industrial
capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobilization
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 tech-
nologies.
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 ac-
quisition provisions.
H. R. 7776—298
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.
Subtitle A—Acquisition Policy and
Management
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND PERSIST-
ENCE IN OVERCOMING OBSTACLES IN ACQUISITION.
(a) IN GENERAL.—Chapter 87 of title 10, United States Code,
is amended by inserting after section 1742 the following new section:
‘‘§ 1743. Awards to recognize members of the acquisition
workforce
‘‘(a) ESTABLISHMENT.—The President of the Defense Acquisition
University shall establish two programs to provide awards to recog-
nize members of the acquisition workforce as follows:
‘‘(1) An award of not more than $5,000 to such members
who use an iterative writing process to document a first-hand
account of using independent judgment to overcome an obstacle
the member faced while working within the defense acquisition
system (as defined in section 3001 of this title).
‘‘(2) An award of not more than $5,000 to such members
who make the best use of the flexibilities and authorities
granted by the Federal Acquisition Regulation and Department
of Defense Instruction 5000.02 (Operation of the Defense
Acquisition System).
‘‘(b) NUMBER OF AWARDS.—
‘‘(1) IN GENERAL.—The President of the Defense Acquisition
University may make not more than five awards under sub-
section (a)(1) and one award under subsection (a)(2) each year.
‘‘(2) LIMITATION.—A member of the acquisition workforce
may receive one award each year.
‘‘(c) REQUIREMENTS FOR WRITING AWARD.—
‘‘(1) SUBMISSION REQUIRED.—A member of the acquisition
workforce desiring an award under subsection (a)(1) shall
submit to the President of the Defense Acquisition University
the first-hand account described in such subsection. Such first-
hand account shall demonstrate—
‘‘(A) an original and engaging idea documenting the
use of independent judgment to overcome an obstacle the
recipient faced while working within the defense acquisition
system; and
‘‘(B) the use of an iterative writing process, including
evidence of—
‘‘(i) critical thinking;
‘‘(ii) incorporation of feedback from diverse perspec-
tives; and
‘‘(iii) editing to achieve plain writing (as defined
in section 3 of the Plain Writing Act of 2010 (5 U.S.C.
301 note)).
‘‘(2) WEBSITE.—The President of the Defense Acquisition
University shall establish and maintain a website to serve
as a repository for submissions made under paragraph (1).
Such website shall allow for public comments and discussion.
H. R. 7776—299
‘‘(d) REQUIREMENTS FOR FLEXIBILITY AWARD.—A member of
the acquisition workforce desiring an award under subsection (a)(2)
shall submit to the President of the Defense Acquisition University
documentation that such member uses approaches to program
management that emphasize innovation and local adaptation,
including the use of—
‘‘(1) simplified acquisition procedures;
‘‘(2) inherent flexibilities within the Federal Acquisition
Regulation;
‘‘(3) commercial contracting approaches;
‘‘(4) public-private partnership agreements and practices;
‘‘(5) cost-sharing arrangements;
‘‘(6) innovative contractor incentive practices; or
‘‘(7) other innovative implementations of acquisition flexi-
bilities.
‘‘(e) FUNDING.—The Secretary of Defense shall use funds from
the Defense Acquisition Workforce Development Account to carry
out this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after section 1742
the following new item:
‘‘1743. Awards to recognize members of the acquisition workforce.’’.
(c) CONFORMING AMENDMENT.—Section 834 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2285; 10 U.S.C. 1701a note) is repealed.
SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITEC-
TURAL AND ENGINEERING SERVICES.
Section 3406 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(h) ARCHITECTURAL AND ENGINEERING SERVICES.—
‘‘(1) QUALIFICATION-BASED SELECTIONS REQUIRED.—Task or
delivery orders for architectural and engineering services issued
under section 3403 or 3405 of this title shall be qualification-
based selections executed in accordance with chapter 11 of
title 40.
‘‘(2) MULTIPLE AWARD CONTRACTS.—When issuing a task
or delivery order for architectural and engineering services
under a multiple award contract, the head of an agency may
not routinely request additional information relating to quali-
fications from the contractor for such multiple award contract.’’.
SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR
MAJOR WEAPON SYSTEMS.
(a) AMENDMENTS RELATING TO SUBSYSTEMS OF MAJOR WEAPONS
SYSTEMS.—Section 3455(b) of title 10, United States Code is
amended—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B);
(2) by inserting ‘‘(1)’’ before ‘‘A subsystem of a major weapon
system’’; and
(3) by adding at the end the following new paragraph:
‘‘(2)(A) For a subsystem proposed as commercial (as defined
in section 103(1) of title 41) and that has not been previously
determined commercial in accordance with section 3703(d) of this
title, the offeror shall—
H. R. 7776—300
‘‘(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that
serves as the basis for the ‘of a type’ assertion;
‘‘(ii) submit to the contracting officer a comparison nec-
essary to serve as the basis of the ‘of a type’ assertion of
the physical characteristics and functionality between the sub-
system and the comparable commercial product identified under
clause (i); and
‘‘(iii) provide to the contracting officer the National Stock
Number for both the comparable commercial product identified
under clause (i), if one is assigned, and the subsystem, if
one is assigned.
‘‘(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes
other than governmental purposes that can serve as the basis
for an ‘of a type’ assertion with respect to the subsystem—
‘‘(i) the offeror shall—
‘‘(I) notify the contracting officer in writing that it
does not so sell such a comparable commercial product;
and
‘‘(II) provide to the contracting officer a comparison
necessary to serve as the basis of the ‘of a type’ assertion
of the physical characteristics and functionality between
the subsystem and the most comparable commercial
product in the commercial marketplace, to the extent
reasonably known by the offeror; and
‘‘(ii) subparagraph (A) shall not apply with respect to the
offeror for such subsystem.’’.
(b) AMENDMENT RELATING TO COMPONENTS AND SPARE PARTS.—
Section 3455(c)(2) of such title is amended to read as follows:
‘‘(2)(A) For a component or spare part proposed as commercial
(as defined in section 103(1) of title 41) and that has not previously
been determined commercial in accordance with section 3703(d)
of this title, the offeror shall—
‘‘(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that
serves as the basis for the ‘of a type’ assertion;
‘‘(ii) submit to the contracting officer a comparison nec-
essary to serve as the basis of the ‘of a type’ assertion of
the physical characteristics and functionality between the
component or spare part and the comparable commercial
product identified under clause (i); and
‘‘(iii) provide to the contracting officer the National Stock
Number for both the comparable commercial product identified
under clause (i), if one is assigned, and the component or
spare part, if one is assigned.
‘‘(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes
other than governmental purposes that can serve as the basis
for an ‘of a type’ assertion with respect to the component or spare
part—
‘‘(i) the offeror shall—
‘‘(I) notify the contracting officer in writing that it
does not so sell such a comparable commercial product;
and
‘‘(II) provide to the contracting officer a comparison
necessary to serve as the basis of the ‘of a type’ assertion
H. R. 7776—301
of the physical characteristics and functionality between
the component or spare part and the most comparable
commercial product in the commercial marketplace, to the
extent reasonably known by the offeror; and
‘‘(ii) subparagraph (A) shall not apply with respect to the
offeror for such component or spare part.’’.
(c) AMENDMENTS RELATING TO INFORMATION SUBMITTED.—Sec-
tion 3455(d) of such title is amended—
(1) in the subsection heading, by inserting after ‘‘SUB-
MITTED’’ the following: ‘‘FOR PROCUREMENTS THAT ARE NOT
COVERED BY THE EXCEPTIONS IN SECTION 3703(A)(1) OF THIS
TITLE’’;
(2) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘the contracting officer shall require the offeror
to submit—’’ and inserting ‘‘the offeror shall, in accordance
with paragraph (4), submit to the contracting officer or
provide the contracting officer access to—’’;
(B) in subparagraph (A)—
(i) by inserting ‘‘a representative sample, as deter-
mined by the contracting officer, of the’’ before ‘‘prices
paid’’; and
(ii) by inserting ‘‘, and the terms and conditions
of such sales’’ after ‘‘Government and commercial cus-
tomers’’;
(C) in subparagraph (B), by striking ‘‘information on—
’’ and all that follows and inserting the following: ‘‘a rep-
resentative sample, as determined by the contracting
officer, of the prices paid for the same or similar commercial
products sold under different terms and conditions, and
the terms and conditions of such sales; and’’; and
(D) in subparagraph (C)—
(i) by inserting ‘‘only’’ before ‘‘if the contracting
officer’’; and
(ii) by inserting after ‘‘reasonableness of price’’ the
following: ‘‘because either the comparable commercial
products provided by the offeror are not a valid basis
for a price analysis or the contracting officer deter-
mines the proposed price is not reasonable after evalu-
ating sales data, and the contracting officer receives
the approval described in paragraph (5)’’; and
(3) by adding at the end the following new paragraphs:
‘‘(4)(A) An offeror may redact data information submitted or
made available under subparagraph (A) or (B) of paragraph (1)
with respect to sales of an item acquired under this section only
to the extent necessary to remove information individually identi-
fying government customers, commercial customers purchasing such
item for governmental purposes, and commercial customers pur-
chasing such item for commercial, mixed, or unknown purposes.
‘‘(B) Before an offeror may exercise the authority under
subparagraph (A) with respect to a customer, the offeror shall
certify in writing to the contracting officer whether the customer
is a government customer, a commercial customer purchasing the
item for governmental purpose, or a commercial customer pur-
chasing the item for a commercial, mixed, or unknown purpose.
H. R. 7776—302
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