Act — H. R. 7900, National Defense Authorization Act for Fiscal Year 2023 (117th Congress)
Summary
H. R. 7900 is an act to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and 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. Its short title is the National Defense Authorization Act for Fiscal Year 2023. Section 2 organizes the Act into divisions, including Department of Defense Authorizations, Military Construction Authorizations, Funding Tables, Don Young Coast Guard Authorization Act of 2022, Financial Transparency, and Public Lands. The table of contents begins with Division A, Title I—Procurement, including requirements relating to EA–18G aircraft of the Navy.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Act — H. R. 7900, National Defense Authorization Act for Fiscal Year 2023 (117th Congress).”
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117TH CONGRESS
2D SESSION
H. R. 7900
AN ACT
To authorize appropriations for fiscal year 2023 for military
activities of the Department of Defense and 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.
2
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘National Defense Au-
5 thorization Act for Fiscal Year 2023’’.
6 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
7 CONTENTS.
8 (a) DIVISIONS.—This Act is organized into nine divi-
9 sions as follows:
10 (1) Division A—Department of Defense Au-
11 thorizations.
12 (2) Division B—Military Construction Author-
13 izations.
14 (3) Division C—Department of Energy Na-
15 tional Security Authorizations and Other Authoriza-
16 tions.
17 (4) Division D—Funding Tables.
18 (5) Division E—Non-Department of Defense
19 Matters.
20 (6) Division F—Other Matters.
21 (7) Division G—Don Young Coast Guard Au-
22 thorization Act of 2022.
23 (8) Division H—Financial Transparency.
24 (9) Division I—Public Lands.
•HR 7900 EH
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1 (b) TABLE OF CONTENTS.—The table of contents for
2 this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Navy Programs
Sec. 111. Requirements relating to EA–18G aircraft of the Navy.
Sec. 112. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 113. Authority for procurement of additional Arleigh Burke class de-
stroyer.
Sec. 114. Authority for certain procurements for the Ship-to-Shore Connector
program.
Sec. 115. Authority to procure airframes and engines for CH–53K King Stal-
lion heavy-lift helicopters.
Sec. 116. Prohibition on availability of funds for retirement of HSC–85 air-
craft.
Sec. 117. Quarterly briefings on the CH–53K King Stallion helicopter program.
Sec. 118. Funding for additional Joint Strike Fighter aircraft.
Sec. 119. Report on advance procurement for CVN–82 and CVN–83.
Sec. 119A. Report on applicability of DDG(X) electric-drive propulsion system.
Sec. 119B. Prohibition on availability of funds for disposal of Littoral Combat
Ships.
Subtitle C—Air Force Programs
Sec. 121. Modification of inventory requirements for aircraft of the combat air
forces.
Sec. 122. Modification of minimum inventory requirement for air refueling
tanker aircraft.
Sec. 123. Requirements relating to F–22 aircraft.
Sec. 124. Modification of inventory requirements and limitations relating to cer-
tain air refueling tanker aircraft.
Sec. 125. Repeal of Air Force E–8C force presentation requirement.
Sec. 126. Minimum inventory of C–130 aircraft.
Sec. 127. Authority to procure upgraded ejection seats for certain T–38A air-
craft.
Sec. 128. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 129. Prohibition on availability of funds for procurement of bridge tanker
aircraft.
Sec. 130. Prohibition on availability of funds for termination of production lines
for HH–60W aircraft.
Sec. 131. Prohibition on certain reductions to B–1 bomber aircraft squadrons.
Sec. 132. Limitation on retirement of E–3 Airborne Warning and Control Sys-
tem aircraft.
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Sec. 133. Requirements study and acquisition strategy for the combat search
and rescue mission of the Air Force.
Sec. 134. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 135. Annual report on T–7A Advanced Pilot Training System.
Sec. 136. Report on F–22 aircraft force laydown.
Sec. 137. Limitation on divestment of F–15 aircraft.
Sec. 138. Funding for C–130 Modular Airborne Firefighting System.
Sec. 139. Requirement to maintain fleet of manned intelligence, surveillance,
and reconnaissance aircraft.
Sec. 139A. Procurement authority for commercial engineering software.
Sec. 139B. Sense of congress regarding united states air national guard refuel-
ing mission.
Subtitle D—Defense-wide, Joint, and Multiservice Matters
Sec. 141. Charging stations at commissary stores and military exchanges.
Sec. 142. Increase Air Force and Navy use of used commercial dual-use parts
in certain aircraft and engines.
Sec. 143. Assessment and report on military rotary wing aircraft industrial
base.
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. Clarification of role of senior official with principal responsibility for
artificial intelligence and machine learning.
Sec. 212. Role of the Chief Digital and Artificial Intelligence Officer in fos-
tering interoperability among joint force systems.
Sec. 213. Modification of defense laboratory modernization pilot program.
Sec. 214. Support for research and development of bioindustrial manufacturing
processes.
Sec. 215. Activities to support the use of metal additive manufacturing for the
subsurface fleet of the Navy.
Sec. 216. Digital mission operations platform for the Space Force.
Sec. 217. Air-breathing test capacity upgrade to support critical hypersonic
weapons development.
Sec. 218. Information on use of commercial software for the warfighter ma-
chine interface of the Army.
Sec. 219. Measures to increase the capacity of historically Black colleges and
universities and other minority-serving institutions to achieve
very high research activity status.
Sec. 220. Pilot program to support the development of patentable inventions in
the Department of the Navy.
Sec. 221. Pilot program to facilitate the research, development, and production
of advanced battery technologies for warfighters.
Sec. 222. Pilot program on research and development of plant-based protein for
the Navy.
Sec. 223. Allowable uses of funds under the Commercial Weather Data Pilot
Program of the Air Force.
Sec. 224. Pilot program on use of digital twin technologies in the Armed
Forces.
Sec. 225. Funding for advanced above water sensors.
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Sec. 226. Biofuel and fuel cell vehicle research, development, and demonstration
program.
Sec. 227. Radar obstruction research, development, test, and evaluation pro-
gram.
Sec. 228. Funding for research and development relating to rare earth ele-
ments.
Sec. 229. Funding for National Defense Education Program.
Sec. 229A. Funding for high energy laser and certain emerging technology ini-
tiatives.
Sec. 229B. Department of Defense advanced technology investment incentive
pilot program.
Sec. 229C. Funding for development of measures to prevent infections caused
by severe fractures.
Sec. 229D. Funding for research into the effects of head-supported mass on
cervical spine health.
Sec. 229E. Requirement for separate program element for the multi-medicine
manufacturing platform program.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification of national security strategy for national technology and
industrial base.
Sec. 232. Defense Advanced Research Projects Agency Innovation Fellowship
Program.
Sec. 233. Report on efforts to increase the participation of historically Black
colleges and universities and other minority-serving institutions
in the research and development activities of the Department
of Defense.
Sec. 234. Assessment of test infrastructure and priorities related to hypersonic
capabilities and related technologies and hypersonic test strat-
egy.
Sec. 235. Independent review and assessment of test and evaluation resource
planning.
Sec. 236. Study on costs associated with underperforming software and infor-
mation technology.
Sec. 237. Study and report on sufficiency of test and evaluation resources for
certain major defense acquisition programs.
Sec. 238. Periodic reports on risk distribution within research, development,
test, and evaluation activities.
Sec. 239. Review and report on offensive hypersonic weapons programs of the
Department of Defense.
Sec. 240. Report on potential for increased utilization of the Electronic Proving
Grounds testing range.
Sec. 241. Sense of Congress on the additive manufacturing and machine learn-
ing initiative of the Army.
Sec. 242. Funding for robotics supply chain research.
Sec. 243. Funding for enterprise digital transformation with commercial phys-
ics simulation.
Sec. 244. Report on national security applications for fusion energy technology.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
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Subtitle B—Energy and Environment
Sec. 311. Equivalent authority for environmental restoration projects at Na-
tional Guard training sites.
Sec. 312. Amendment to budgeting of Department of Defense relating to ex-
treme weather.
Sec. 313. Prototype and demonstration projects for energy resilience at certain
military installations.
Sec. 314. Pilot program for transition of certain nontactical vehicle fleets of
Department of Defense to electric vehicles.
Sec. 315. Pilot program on use of sustainable aviation fuel.
Sec. 316. Policy to increase disposition of spent advanced batteries through re-
cycling.
Sec. 317. Guidance and target deadline relating to formerly used defense sites
programs.
Sec. 318. Budget information for alternatives to burn pits.
Sec. 319. Program to track and reduce Scope 3 emissions and energy costs.
Sec. 320. Requirement to include information relating to electric vehicle charg-
ing in certain military construction project proposals.
Sec. 321. Sense of Congress regarding electric or zero-emission vehicles for
non-combat vehicle fleet.
Sec. 322. Study on environmental contamination and cleanup associated with
Thorium-230 and related substances.
Sec. 323. Destruction of materials containing PFAS with technologies not re-
quiring incineration.
Sec. 324. Analysis and plan for addressing heat island effect on military instal-
lations.
Sec. 325. Comptroller General report on acceleration and improvement of envi-
ronmental cleanup of Vieques and Culebra, Puerto Rico.
Sec. 326. Report on Department of Defense flood mapping efforts.
Sec. 327. Biannual leak inspections of Navy and Air Force underground stor-
age tanks on Guam.
Sec. 328. Additional special considerations for energy performance goals and
energy performance master plan.
Sec. 329. Clarification and requirement for Department of Defense relating to
renewable biomass and biogas.
Subtitle C—Red Hill Bulk Fuel Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Activities prior to decommissioning of Red Hill Bulk Storage Facility.
Sec. 333. Limitation on use of funds pending award of certain projects and im-
plementation of certain recommendations.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill
Bulk Fuel Facility.
Sec. 335. Report on Department of Defense efforts to track health implications
of fuel leaks at Red Hill Bulk Fuel Facility.
Sec. 336. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 337. Study on alternative uses for Red Hill Bulk Fuel Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Prizes for development of non-PFAS-containing turnout gear.
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Sec. 342. Modification to restriction on Department of Defense procurement of
certain items containing perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 343. Prohibition on purchase by Department of Defense of firefighting
equipment containing per- and polyfluoroalkyl substances.
Sec. 344. Standards for response actions with respect to PFAS contamination.
Sec. 345. List of certain PFAS uses deemed essential; briefings on Department
of Defense procurement of certain items containing PFOS or
PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and ob-
jectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval vessels.
Sec. 353. Independent study relating to fuel distribution logistics across United
States Indo-Pacific Command.
Sec. 354. Programs of military departments on reduction of fuel reliance and
promotion of energy-aware behaviors.
Subtitle F—Matters Relating to Depots and Ammunition Production
Facilities
Sec. 361. Budgeting for depot and ammunition production facility maintenance
and repair: annual report.
Sec. 362. Extension of authorization of depot working capital funds for unspec-
ified minor military construction.
Sec. 363. Modification to minimum capital investment for certain depots.
Sec. 364. Continuation of requirement for biennial report on core depot-level
maintenance and repair.
Sec. 365. Continuation of requirement for annual report on funds expended for
performance of depot-level maintenance and repair workloads.
Sec. 366. Five-year plans for improvements to depot and ammunition produc-
tion facility infrastructure.
Sec. 367. Clarification of calculation for certain workload carryover of Depart-
ment of Army.
Subtitle G—Reports
Sec. 371. Annual reports by Deputy Secretary of Defense on activities of Joint
Safety Council.
Sec. 372. Quarterly reports on expenditures for establishment of fuel distribu-
tion points in INDOPACOM area of responsibility.
Sec. 373. Secretary of Defense report on establishing procedure for alerting
about exposure to perfluoroalkyl substances.
Sec. 374. Report on effects of wildfire and drought conditions on military readi-
ness at United States Naval Observatory Flagstaff Station.
Sec. 375. Reports relating to aqueous film-forming foam substitutes and PFAS
contamination at certain installations.
Sec. 376. Briefings on implementation of recommendations relating to safety
and accident prevention.
Subtitle H—Other Matters
Sec. 381. Accountability for military working dogs.
Sec. 382. Membership of Coast Guard on Joint Safety Council.
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Sec. 383. Requirement of Secretary of Defense to reimburse State costs of
fighting certain wildland fires.
Sec. 384. Expanded consultation in training of National Guard personnel on
wildfire response.
Sec. 385. Interagency collaboration and extension of pilot program on military
working dogs and explosives detection.
Sec. 386. Establishment of Army and Air Force Safety Commands; implemen-
tation of accident investigation recommendations.
Sec. 387. National standards for Federal fire protection at military installa-
tions.
Sec. 388. Pilot program for tactical vehicle safety data collection.
Sec. 389. Requirement for public disclosure of results of Department of De-
fense lead testing.
Sec. 390. Briefing relating to use of recycled rubber waste products by Depart-
ment of Defense.
Sec. 391. Revival of report on non-federalized National Guard personnel, train-
ing, and equipment requirements.
Sec. 392. Use of amounts available to Department of Defense for operation and
maintenance for removal of munitions and explosives of con-
cern in Guam.
Sec. 393. Funding for Utility Helicopter Mods.
Sec. 394. Sense of Congress regarding the use of working dogs to detect early
stages of diseases.
Sec. 395. Requirements to reduce out-of-pocket costs of members of the Armed
Forces for uniform items.
Sec. 396. Recognition of service of military working dogs.
Sec. 397. Maintenance of publicly accessible website by Joint Safety Council.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum levels.
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. Distribution of commissioned officers on active duty in general officer
and flag officer grades.
Sec. 502. Authorized strength after December 31, 2022: general officers and
flag officers on active duty.
Sec. 503. Exclusion of lead special trial counsel from limitations on general of-
ficers and flag officers on active duty.
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Sec. 504. Constructive service credit for certain officers of the Armed Forces:
authorization; special pay.
Sec. 505. Clarification of grade of Surgeon General of the Navy.
Sec. 506. Assessments of staffing in the Office of the Secretary of Defense and
other Department of Defense headquarters offices.
Sec. 507. Survey of chaplains.
Sec. 508. Independent review of Army officer performance evaluations.
Subtitle B—Reserve Component Management
Sec. 511. Grades of certain chiefs of reserve components.
Sec. 512. Grade of Vice Chief of the National Guard Bureau.
Sec. 513. Backdating of effective date of rank for reserve officers in the Na-
tional Guard due to undue delays in Federal recognition.
Sec. 514. Financial assistance program for specially selected members: Army
Reserve and Army National Guard.
Sec. 515. Inspections of National Guard.
Sec. 516. Requirement of consent of the chief executive officer for certain full-
time National Guard duty performed in a State, Territory, or
the District of Columbia.
Sec. 517. Extension of National Guard support for FireGuard program.
Sec. 518. Notice to Congress before certain actions regarding units of certain
reserve components.
Sec. 519. Plan to ensure reasonable access to the Junior Reserve Officers’
Training Corps.
Sec. 519A. Inclusion of additional information on the Senior Reserve Officers’
Training Corps in reports accompanying the national defense
strategy.
Sec. 519B. Additional matters relating to support for FireGuard program.
Sec. 519C. Divestiture of Tactical Control Party.
Sec. 519D. Recognition of the Army Interagency Training and Education Cen-
ter as a joint activity of the National Guard; report.
Sec. 519E. Enhancement of National Guard Youth Challenge Program.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Notification to next of kin upon the death of a member of the Armed
Forces.
Sec. 522. Direct acceptance of gifts from certain sources by enlisted members.
Sec. 523. Limitation of extension of period of active duty for a member who
accepts a fellowship, scholarship, or grant.
Sec. 524. Briefing and report on administrative separation boards.
Sec. 525. Elimination of time limit for mandatory characterizations of adminis-
trative discharges of certain members on the basis of failure to
receive COVID-19 vaccine.
Sec. 526. Prohibition on use of photographs by certain military promotion
boards.
Sec. 527. Gender-neutral fitness standards for combat military occupational
specialties of the Army.
Sec. 528. Retention and recruitment of members of the Army who specialize in
air and missile defense systems.
Sec. 529. Pilot program on remote personnel processing in the Army.
Sec. 529A. Improving oversight of military recruitment practices in public sec-
ondary schools.
Sec. 529B. Enlistments: compilation of directory and other prospective recruit
information.
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Sec. 529C. Continuing military service for certain members eligible for chapter
61 retirement.
Sec. 529D. Sense of Congress regarding the Port Chicago 50.
Sec. 529E. Treatment of personally identifiable information regarding prospec-
tive recruits.
Sec. 529F. Implementation of certain recommendations regarding screening in-
dividuals who seek to enlist in the Armed Forces and coun-
tering extremist activity in the Department of Defense.
Sec. 529G. Best practices for the retention of certain female members of the
Armed Forces.
Sec. 529H. Record of military service for members of the Armed Forces.
Subtitle D—Military Justice
Sec. 531. Sexual Harassment Independent Investigations and Prosecution.
Sec. 532. Matters in connection with special trial counsel.
Sec. 533. Standards for imposition of commanding officer’s non-judicial punish-
ment.
Sec. 534. Special trial counsel of the Air Force.
Sec. 535. Financial assistance for victims of offenses under the Uniform Code
of Military Justice.
Sec. 536. Addressing sex-related offenses and sexual harassment involving
members of the National Guard.
Sec. 537. Prohibition on sharing of information on domestic violence incidents.
Sec. 538. Mandatory notification of members of the Armed Forces identified in
certain records of criminal investigations.
Sec. 539. Sentencing parameters under the Uniform Code of Military Justice
for hate crimes.
Sec. 539A. Limitation on availability of funds for relocation of Army CID spe-
cial agent training course.
Sec. 539B. Recommendations for sentencing of marijuana-based offenses under
the Uniform Code of Military Justice.
Sec. 539C. Report on sharing information with counsel for victims of offenses
under the Uniform Code of Military Justice.
Sec. 539D. Public availability of military commission proceedings.
Sec. 539E. Review and report on the definition of consent for purposes of the
offenses of rape and sexual assault under the Uniform Code of
Military Justice.
Sec. 539F. Standards and reports relating to cases overseen by military crimi-
nal investigative organizations.
Subtitle E—Other Legal Matters
Sec. 541. Clarifications of procedure in investigations of personnel actions
taken against members of the Armed Forces in retaliation for
protected communications.
Sec. 542. Primary prevention of violence.
Sec. 543. Treatment of certain complaints from members of the Armed Forces.
Sec. 544. Pilot program on financial assistance for victims of domestic violence.
Sec. 545. Agreements with civilian victim service agencies.
Sec. 546. Activities to improve information sharing and collaboration on mat-
ters relating to the prevention of and response to domestic
abuse and child abuse and neglect among military families.
Sec. 547. Inspector General investigation into discrimination against members
and employees of Middle Eastern and North African descent.
Sec. 548. Time limit for processing certain administrative complaints.
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Sec. 549. Review and report on administration of sexual harassment claims.
Sec. 549A. Interagency task force to protect members, veterans, and military
families from financial fraud.
Sec. 549B. Exclusion of evidence obtained without prior authorization.
Subtitle F—Member Education
Sec. 551. Increase in maximum number of students enrolled at Uniformed
Services University of the Health Sciences.
Sec. 552. Authorization of certain support for military service academy founda-
tions.
Sec. 553. Agreement by a cadet or midshipman to play professional sport con-
stitutes a breach of service obligation.
Sec. 554. Naval Postgraduate School: attendance by enlisted members.
Sec. 555. Authority to waive tuition at United States Air Force Institute of
Technology for certain private sector civilians.
Sec. 556. Terms of Provost and Academic Dean of the United States Air Force
Institute of Technology.
Sec. 557. Establishment of consortium for curricula in military education.
Sec. 558. Establishment of consortium of institutions of military education for
cybersecurity matters.
Sec. 559. Commission on Professional Military Education.
Sec. 559A. Increase in the number of individuals from the District of Columbia
who may be appointed to military service academies.
Sec. 559B. Modification of annual report on demographics of military service
academy applicants.
Sec. 559C. Report on treatment of China in curricula of professional military
education.
Sec. 559D. Speech disorders of cadets and midshipmen.
Sec. 559E. Amendments to pathways for counseling in the Transition Assist-
ance Program.
Subtitle G—Member Training and Transition
Sec. 561. Information regarding apprenticeships for members during initial
entry training.
Sec. 562. Extremist activity by a member of the Armed Forces: notation in
service record; TAP counseling.
Sec. 563. Codification of Skillbridge program.
Sec. 564. Training on digital citizenship and media literacy in annual cyber
awareness training for certain members.
Sec. 565. Pilot grant program to supplement the transition assistance program
of the Department of Defense.
Sec. 566. Female members of certain Armed Forces and civilian employees of
the Department of Defense in STEM.
Sec. 567. Skillbridge: apprenticeship programs.
Sec. 568. Training on consequences of committing a crime in preseparation
counseling of the Transition Assistance Program.
Sec. 569. Participation of members of the reserve components of the armed
forces in the SkillBridge program.
Sec. 569A. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 569B. Outreach to members regarding possible toxic exposure.
Sec. 569C. Activities to assist the transition of members of the Armed Forces
and veterans into careers in education.
Sec. 569D. Funding for Skillbridge.
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Sec. 569E. Funding for Skillbridge for law enforcement training.
Sec. 569F. Numbers of certain nominations for cadets at the United States
Military Academy.
Sec. 569G. Pilot transition assistance program for military spouses.
Sec. 569H. Guidelines for active duty military on potential risks and prevention
of toxic exposures.
Sec. 569I. GAO report on use of transition programs by members of special op-
erations forces.
Sec. 569J. GAO report on screenings included in the health assessment for
members separating from the Armed Forces.
Sec. 569K. Department of defense report on third-party job search technology.
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. Rights of parents of children attending schools operated by the De-
partment of Defense Education Activity.
Sec. 573. Expansion of pilot program to provide financial assistance to mem-
bers of the Armed Forces for in-home child care.
Sec. 574. Extension of pilot program to expand eligibility for enrollment at do-
mestic dependent elementary and secondary schools.
Sec. 575. Advisory panel on community support for military families with spe-
cial needs.
Sec. 576. Certain assistance to local educational agencies that benefit depend-
ents of military and civilian personnel.
Sec. 577. Verification of reporting of eligible federally connected children for
purposes of Federal impact aid programs.
Sec. 578. EFMP grant program.
Sec. 579. Promotion of certain child care assistance.
Sec. 579A. Recommendations for the improvement of the Military Interstate
Children’s Compact.
Sec. 579B. Industry roundtable on military spouse hiring.
Sec. 579C. Feasibility study and report on pilot program to provide POTFF
services to separating members of special operations forces and
certain family members.
Sec. 579D. MySTeP: provision online and in multiple languages.
Sec. 579E. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces with enrollment changes due to
base closures, force structure changes, or force relocations.
Sec. 579F. Surveys regarding military spouses.
Sec. 579G. Review of policies regarding single parents serving as members of
the Armed Forces.
Sec. 579H. Public reporting on certain military child care programs.
Sec. 579I. Feasibility of inclusion of au pairs in pilot program to provide finan-
cial assistance to members of the Armed Forces for in-home
child care.
Sec. 579J. Report on the effects of economic inflation on families of members
of the Armed Forces.
Sec. 579K. Report on the effects of the shortage of infant formula on the fami-
lies of members of the Armed Forces.
Sec. 579L. Briefing on child care at Camp Bull Simons.
Subtitle I—Decorations and Awards
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Sec. 581. Authority to award the Medal of Honor to a member of the Armed
Forces for acts of valor while a prisoner of war.
Sec. 582. Authorization for award of the Medal of Honor to David R.
Halbruner for acts of valor on September 11-12, 2012.
Sec. 583. Authorization for posthumous award of Medal of Honor to Master
Sergeant Roderick W. Edmonds for acts of valor during World
War II.
Sec. 584. Rescission of Medals of Honor awarded for acts at Wounded Knee
Creek on December 29, 1890.
Sec. 585. Sense of Congress regarding service of Gary Andrew Cyr.
Sec. 586. Eligibility of veterans of Operation End Sweep for Vietnam Service
Medal.
Sec. 587. Authorization for award of Medal of Honor to E. Royce Williams for
acts of valor during the Korean War.
Sec. 588. Authorization for award of Medal of Honor to James Capers, Jr. for
acts of valor as a member of the Marine Corps during the Viet-
nam War.
Sec. 589. Inclusion of Purple Heart awards on military valor website.
Sec. 589A. Study on fraudulent misrepresentation about receipt of a military
medal or decoration.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Electronic notarization for members of the Armed Forces.
Sec. 592. Disinterments from national cemeteries.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Ar-
lington National Cemetery.
Sec. 594. Notifications on manning of afloat naval forces.
Sec. 595. Pilot program on car sharing on military installations in Alaska.
Sec. 596. Support for members who perform duties regarding remotely piloted
aircraft: study; report.
Sec. 597. Review of marketing and recruiting of the Department of Defense.
Sec. 598. Report on recruiting efforts of the Army.
Sec. 599. Sense of congress regarding women involuntarily separated from the
Armed Forces due to pregnancy or parenthood.
Sec. 599A. Armed Forces workplace and gender relations surveys.
Sec. 599B. Task Force on Historical and Current Barriers to African American
Participation and Equal Treatment in the Armed Services.
Sec. 599C. Plan to combat racial bias, discrimination, and harassment against
Asian American service members, civilians, and contractor per-
sonnel.
Sec. 599D. Recurring report regarding COVID-19 mandate.
Sec. 599E. Pilot program on safe storage of personally owned firearms.
Sec. 599F. Report on non-citizen members of the Armed Forces.
Sec. 599G. Report on instances of antisemitism.
Sec. 599H. Annual report regarding cost of living for members and employees
of the Department of Defense.
Sec. 599I. Review of recruiting efforts for women.
Sec. 599J. Report on support for pregnant members.
Sec. 599K. Clarification of authority to solicit gifts in support of the mission
of the Defense POW/MIA Accounting Agency to account for
members of the Armed Forces and Department of Defense ci-
vilian employees listed as missing.
Sec. 599L. Report on efforts to prevent and respond to deaths by suicide in
the Navy.
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Sec. 599M. Report on programs through which members of the Armed Forces
may file anonymous concerns.
Sec. 599N. Sense of Congress regarding Ulysses S. Grant.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Basic Pay and Allowances
Sec. 601. Exclusion of BAH from gross household income for purposes of basic
needs allowance.
Sec. 602. Basic allowance for housing for a member without dependents whose
relocation would financially disadvantage such member.
Sec. 603. Temporary continuation of rate of basic allowance for housing for
members of the Armed Forces whose sole dependent dies while
residing with the member.
Sec. 604. Allowance for gym membership for certain members of the Armed
Forces who reside more than 10 miles from a military installa-
tion.
Sec. 605. Revival and redesignation of provision establishing benefits for cer-
tain members assigned to the Defense Intelligence Agency.
Sec. 606. Reimbursement of certain child care costs incident to a permanent
change of station or assignment.
Sec. 607. Allowable travel and transportation allowances: complex overhaul.
Sec. 608. Expansion of authority to reimburse a member of the uniformed serv-
ices for spousal business costs arising from a permanent
change of station.
Sec. 609. Permanent authority to reimburse members for spouse relicensing
costs pursuant to a permanent change of station.
Sec. 609A. Travel and transportation allowances for certain members of the
Armed Forces who attend a professional military education in-
stitution or training classes.
Sec. 609B. Establishment of allowance for certain relocations of pets of mem-
bers of the uniformed services.
Sec. 609C. Extension of one-time uniform allowance for officers who transfer
to the Space Force.
Sec. 609D. OCONUS cost of living allowance: adjustments; notice to certain
congressional committees.
Sec. 609E. Pay for DOD and Coast Guard child care providers: studies; adjust-
ment.
Subtitle B—Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authori-
ties.
Sec. 612. Increase to maximum amounts of certain bonus and special pay au-
thorities.
Sec. 613. Special pay and allowances for members of the Armed Forces as-
signed to cold weather operations.
Sec. 614. Authorization of incentive pay to a member of the Armed Forces
whose disclosure of fraud, waste, or mismanagement results in
cost savings to the military department concerned.
Sec. 615. Inflation bonus pay.
Sec. 616. Establishing complex overhaul pay.
Sec. 617. Air Force rated officer retention demonstration program.
Subtitle C—Family and Survivor Benefits
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Sec. 621. Expanded eligibility for bereavement leave for members of the Armed
Forces.
Sec. 622. Claims relating to the return of personal effects of a deceased mem-
ber of the Armed Forces.
Sec. 623. Expansion of authorized assistance for providers of child care services
to members of the Armed Forces.
Sec. 624. Survivor Benefit Plan open enrollment period.
Sec. 625. Study and report on military installations with limited child care.
Sec. 626. Hunger among military families: data collection; training; report.
Subtitle D—Defense Resale Matters
Sec. 631. Prohibition on sale of Chinese goods in commissary stores and mili-
tary exchanges.
Subtitle E—Miscellaneous Rights, Benefits, and Reports
Sec. 641. Transitional compensation and benefits for the former spouse of a
member of the Armed Forces who allegedly committed a de-
pendent-abuse offense during marriage.
Sec. 642. Authorization of permissive temporary duty for wellness.
Sec. 643. Study on basic pay.
Sec. 644. Report on accuracy of basic allowance for housing.
Sec. 645. Study and report on barriers to home ownership for members of the
Armed Forces.
Sec. 646. Plan for reimbursement of certain expenses of certain members and
veterans related to Afghanistan evacuation.
Sec. 647. Expansion of the space-available travel program to allow certain dis-
abled veterans to travel with a caregiver or dependent on cer-
tain aircraft.
Subtitle F—Disability and Retired Pay
Sec. 651. Elimination of cap on additional retired pay for extraordinary her-
oism for members of the Army and Air Force who served dur-
ing the Vietnam Era.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Clarification of coverage of artificial reproductive services for certain
TRICARE beneficiaries.
Sec. 702. Clarification of coverage of certain areolar nipple tattooing proce-
dures under TRICARE program.
Sec. 703. TRICARE Dental for Selected Reserve.
Sec. 704. Report requirement for certain contracts under TRICARE program.
Sec. 705. Temporary requirement for contraception coverage parity under the
TRICARE program.
Sec. 706. Rates of reimbursement for providers of applied behavior analysis.
Sec. 707. Medical testing and related services for firefighters of Department of
Defense.
Sec. 708. Audit of behavioral health care network providers listed in TRICARE
directory.
Sec. 709. Independent analysis of quality and patient safety review process
under direct care component of TRICARE program.
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Subtitle B—Health Care Administration
Sec. 721. Congressional notification requirement to modify scope of services
provided at military medical treatment facilities.
Sec. 722. Modification of certain deadline and requirement to transfer research
and development functions to Defense Health Agency.
Sec. 723. Modification of requirement to transfer public health functions to De-
fense Health Agency.
Sec. 724. Other transaction authority for studies and demonstration projects
relating to delivery of health and medical care.
Sec. 725. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humani-
tarian, or refugee assistance.
Sec. 726. Improvements relating to Medical Officer of the Marine Corps posi-
tion.
Sec. 727. Authority for Department of Defense program to promote early lit-
eracy among certain young children as part of pediatric pri-
mary care.
Sec. 728. Accountability for wounded warriors undergoing disability evaluation.
Sec. 729. Incentive payments for retention of certain behavioral health pro-
viders.
Sec. 730. Clarification of license portability for health care providers providing
services under Reserve Health Readiness program.
Sec. 731. Policy of Defense Health Agency on expanded recognition of board
certifications for physicians.
Sec. 732. Sleep Apnea Screening.
Sec. 733. Demonstration project on infant and early childhood mental health
services for children of members of the Armed Forces.
Sec. 734. Improvements to processes to reduce financial harm caused to civil-
ians for care provided at military medical treatment facilities.
Sec. 735. Improvements to military medical treatment facilities and other facili-
ties under military health system.
Sec. 736. Access to certain dependent medical records by remarried former
spouses.
Sec. 737. Affiliates Sharing Pilot Program.
Sec. 738. Housing first report.
Subtitle C—Studies and Reports
Sec. 741. GAO study on coverage of mental health disorders under TRICARE
program and relationship to certain mental health parity laws.
Sec. 742. Feasibility study on establishment of new command on defense
health.
Sec. 743. Study and awareness initiative regarding use of qualified alternative
therapies to treat certain members of the Armed Forces on ter-
minal leave.
Sec. 744. Report on composition of medical personnel of each military depart-
ment and related matters.
Sec. 745. Briefing and report on reduction or realignment of military medical
manning and medical billets.
Sec. 746. Report on feasability of certain licensing models for Department of
Defense-owned vaccines and other medical interventions relat-
ing to COVID–19.
Sec. 747. Study on the impact of military trauma and intimate partner violence
on maternal health outcomes.
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Sec. 748. Report on coverage of behavioral and mental health crisis services
under TRICARE program.
Sec. 749. Report on mental health provider readiness designations.
Sec. 750. Study on provider training gaps with respect to screening and treat-
ment of maternal mental health conditions.
Sec. 751. Report on mental health conditions and metabolic disease among cer-
tain members of Armed Forces.
Sec. 752. Study on accessability of mental health providers and services for ac-
tive duty members of the Armed Forces.
Sec. 753. Health-related behaviors survey and report.
Sec. 754. Report on Coordination, Data Sharing, and Evaluation Efforts for
Suicide Prevention.
Sec. 755. GAO study on DOD and VA mammogram and breast cancer screen-
ing policies.
Sec. 756. Study and report on rate of cancer-related morbidity and mortality.
Sec. 757. GAO study on access to Exceptional Family Member program and
Extended Care Health Option program by members of reserve
components.
Sec. 758. Kyle Mullen Naval safety enhancements.
Sec. 759. Report on operational and physical and mental health effects of low
recruitment and retention to Armed Forces.
Sec. 759A. Report on maternal mortality rates of female members of the
Armed Forces.
Sec. 759B. Report on Defense Health Agency contracts.
Subtitle D—Other Matters
Sec. 761. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances
as component of periodic health assessments.
Sec. 762. Mandatory training on health effects of perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 763. Non-medical counseling services for military families.
Sec. 764. Clarifications relating to analysis of Department of Defense Com-
prehensive Autism Demonstration Program by National Acad-
emies.
Sec. 765. Clarification of eligibility for membership to independent suicide pre-
vention and response review committee.
Sec. 766. Improvement to Wounded Warrior Service Dog Program.
Sec. 767. Improvements relating to behavioral health care available under mili-
tary health system.
Sec. 768. Assignment of behavioral health providers and technicians to aircraft
carriers.
Sec. 769. Department of Defense internship programs relating to civilian be-
havioral health providers.
Sec. 770. Brain health initiative of Department of Defense.
Sec. 771. Authority to conduct pilot program relating to monitoring of blast
overpressure exposure.
Sec. 772. Standardization across Department of Defense of policies relating to
service by individuals diagnosed with HBV.
Sec. 773. Certification program in provision of mental health services to mem-
bers of the Armed Forces, veterans, and military families.
Sec. 774. Pilot program on cryopreservation and storage.
Sec. 775. Pilot program for participation by members of Selected Reserve in
health professions scholarship and financial assistance pro-
grams.
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Sec. 776. Pilot program on ensuring pharmaceutical supply stability.
Sec. 777. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 778. Grant program for increased cooperation on post-traumatic stress dis-
order research between United States and Israel.
Sec. 779. Suicide cluster: standardized definition for use by Department of De-
fense; congressional notification.
Sec. 780. Limitation on realignment or reduction of military medical manning
end strength: certification requirement and other reforms.
Sec. 781. Review and update of policy relating to command notification process
and reduction of mental health stigma.
Sec. 782. Grant program to study treatment of post-traumatic stress disorder
using certain psychedelic substances.
Sec. 783. Pilot programs of Defense Health Agency relating to sexual health.
Sec. 784. Drop boxes on military installations for deposit of unused prescrip-
tion drugs.
Sec. 785. Funding for pancreatic cancer research.
Sec. 786. Psychological evaluations for members of the Armed Forces returning
from Kabul.
Sec. 787. Annual review and update of online information relating to suicide
prevention.
Sec. 788. Funding for post-traumatic stress disorder.
Sec. 789. Increased collaboration with NIH to combat triple negative breast
cancer.
Sec. 790. Pilot program to improve military readiness through nutrition and
wellness initiatives.
Sec. 791. Guidance for addressing healthy relationships and intimate partner
violence through TRICARE Program.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in overcoming
obstacles in acquisition.
Sec. 802. Data requirements for commercial item pricing not based on ade-
quate price competition.
Sec. 803. Preference for domestic foods for military working dogs.
Sec. 804. Life cycle management and product support.
Sec. 805. Extension of requirement to submit Selected Acquisition Reports.
Sec. 806. Amendments to contractor employee protections from reprisal for dis-
closure of certain information.
Sec. 807. Enhanced domestic content requirement for major defense acquisition
programs.
Sec. 808. Mission-Based Rapid Acquisition Account.
Sec. 809. Preference for offerors that meet certain requirements.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Membership of Coast Guard on Strategic Materials Protection Board.
Sec. 812 . Comptroller General assessment of acquisition programs and efforts.
Sec. 813. Subcontracting requirements for certain contracts awarded to edu-
cational institutions.
Sec. 814. Clarification to fixed-price incentive contract references.
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Sec. 815. Modification to indemnification authority for research and develop-
ment contracts.
Sec. 816. Competition requirements for purchases from Federal Prison Indus-
tries.
Sec. 817. Clarification of authority of the Department of Defense to carry out
certain prototype projects.
Sec. 818. Requirements for the procurement of certain components for certain
naval vessels and auxiliary ships.
Sec. 819. Modification to prohibition on operation or procurement of foreign-
made unmanned aircraft systems.
Sec. 820. Extension of pilot program to accelerate contracting and pricing proc-
esses.
Sec. 821. Extension and modification of Never Contract with the Enemy.
Sec. 822. Require full domestic production of flags of the United States ac-
quired by the Department of Defense.
Sec. 823. Guidelines and resources on the acquisition or licensing of intellectual
property.
Sec. 824. Compliance procedures for investigating the prohibition on criminal
history inquiries by Federal contractors prior to conditional
offer.
Sec. 825. Reestablishment of Commission on Wartime Contracting.
Subtitle C—Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition workforce
excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Repeal of certain provisions relating to acquisition workforce incen-
tives.
Sec. 835. Acquisition workforce incentives relating to training on and agree-
ments with certain software businesses.
Subtitle D—Provisions Relating to Software and Technology
Sec. 841. Prizes for advanced technology achievements.
Sec. 842. Congressional notification for pilot program to accelerate the procure-
ment and fielding of innovative technologies.
Sec. 843. Curricula on software acquisitions and cybersecurity software or
hardware acquisitions for covered individuals.
Sec. 844. Report on covered software development.
Sec. 845. Other transaction authority clarification.
Sec. 846. Existing agreement limits for Operation Warp Speed.
Subtitle E—Industrial Base Matters
Sec. 851. Recognition of an association of eligible entities that provide procure-
ment technical assistance.
Sec. 852. Update to plan on reduction of reliance on services, supplies, or mate-
rials from covered countries.
Sec. 853. Modification to prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 854. Codification of the Department of Defense Mentor–Protege Program.
Sec. 855. Microloan program; definitions.
Sec. 856. Small Business Innovation Program extension.
Sec. 857. Prohibition on covered airport contracts with certain entities.
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Sec. 858. Risk management for Department of Defense supply chains.
Sec. 859. Review of advances in domestic production of carbon fiber.
Sec. 859A. Extension of transfer date for the verification of small business con-
cerns owned and controlled by veterans or service-disabled vet-
erans to the Small Business Administration.
Sec. 859B. Application of price evaluation preference for qualified HUBZone
small business concerns to certain contracts.
Sec. 859C. Codification of Small Business Administration scorecard.
Sec. 859D. Modifications to the nonmanufacturer rule.
Sec. 859E. Study on small business assistance to foreign-based companies.
Sec. 859F. Report on strategic and critical materials.
Sec. 859G. Report and modification to the national technology and industrial
base.
Sec. 859H. Sense of Congress on modernizing defense supply chain manage-
ment.
Sec. 859I. Prohibition on the use of LOGINK.
Sec. 859J. Report on transition to Phase III for Small Business Innovation Re-
search and Small Business Technology Transfer program
awards.
Sec. 859K. Extension of participation in 8(a) program.
Sec. 859L. Access to contract bundling data.
Sec. 859M. Report on small business concerns owned and controlled by women.
Sec. 859N. Native Hawaiian Organizations.
Subtitle F—Other Matters
Sec. 861. Technical correction to effective date of the transfer of certain title
10 acquisition provisions.
Sec. 862. Regulations on use of fixed-price type contracts for major defense ac-
quisition programs.
Sec. 863. Notification on retention rate policy.
Sec. 864. Security clearance bridge pilot program.
Sec. 865. Department of Defense national imperative for industrial skills pro-
gram.
Sec. 866. Temporary suspension of COVID–19 vaccine mandate for Depart-
ment of Defense contractors.
Sec. 867. GAO report on Department of Defense contract financing and com-
mercial best practices.
Sec. 868. Prohibition on contracting with employers that violated the National
Labor Relations Act.
Sec. 869. Amendments to contracting authority for certain small business con-
cerns.
Sec. 870. Equitable adjustments to construction contracts.
Sec. 871. Manufacturing of insulin.
Sec. 872. Need for development and acquisition of natural rubber from domes-
tic herbacious plant sources.
Sec. 873. Increased competitive opportunities and strategy for certain critical
technology contractors.
Sec. 874. Duties of small business development center counselors.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
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Sec. 901. Increase in authorized number of Assistant and Deputy Assistant
Secretaries of Defense.
Sec. 902. Responsibilities of Assistant Secretary of Defense for Special Oper-
ations and Low Intensity Conflict.
Subtitle B—Other Department of Defense Organization and Management
Matters
Sec. 911. Eligibility of Chief of the National Guard Bureau for appointment as
Chairman of the Joint Chiefs of Staff.
Sec. 912. Clarification of peacetime functions of the Navy.
Sec. 913. Explosive ordnance disposal defense program.
Sec. 914. Modification of report regarding the designation of the Explosive
Ordnance Disposal Corps as a basic branch of the Army.
Sec. 915. Clarification of roles and responsibilities for force modernization ef-
forts of the Army.
Sec. 916. Report on potential transition of all members of Space Force into a
single component.
Sec. 917. Sense of Congress on the Electromagnetic Spectrum Superiority
Strategy.
Subtitle C—Space National Guard
Sec. 921. Establishment of Space National Guard.
Sec. 922. No effect on military installations.
Sec. 923. Implementation of Space National Guard.
Sec. 924. Conforming amendments and clarification of authorities.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Sense of Congress relating to enlisted personnel subsistence.
Sec. 1004. Sense of Congress relating to the corrective action plans review
process.
Sec. 1005. Sense of Congress relating to the Fraud Reduction Task Force.
Subtitle B—Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Navy consultation with Marine Corps on major decisions directly
concerning Marine Corps amphibious force structure and capa-
bility.
Sec. 1022. Number of Navy operational amphibious ships.
Sec. 1023. Availability of funds for retirement or inactivation of landing dock
ships.
Sec. 1024. Availability of funds for retirement or inactivation of guided missile
cruisers.
Sec. 1025. Business case analyses on disposition of certain Government-owned
dry-docks.
Sec. 1026. Prohibition on use of funds for retirement of legacy maritime mine
countermeasures platforms.
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Sec. 1027. Deadline for 75 percent manning fill for ships undergoing nuclear
refueling or defueling.
Sec. 1028. Prohibition on deactivation of Navy Combat Documentation Detach-
ment 206.
Sec. 1029. Withholding of certain information about sunken military crafts.
Sec. 1030. Availability of funds for retirement or inactivation of expeditionary
transfer dock ships.
Sec. 1031. Availability of funds for retirement or inactivation of Littoral Com-
bat Ships.
Sec. 1032. Briefing on fielding of SPEIR on all surface combatant vessels.
Sec. 1033. Report on effects of Multiple Award Contract-multi Order con-
tracting.
Sec. 1034. Congressional notification regarding pending retirement of naval
vessels viable for artificial reefing.
Sec. 1034A. Award of contracts for ship repair work to non-homeport shipyards
to meet surge capacity.
Subtitle D—Counterterrorism
Sec. 1035. Prohibition on use of funds for transfer or release of individuals de-
tained at United States Naval Station, Guantanamo Bay,
Cuba, to certain countries.
Sec. 1036. Report on threat posed by domestic terrorists.
Sec. 1037. Consideration of human rights records of recipients of support of
special operations to combat terrorism.
Sec. 1038. Consideration of human rights records of recipients of support of
Special Operations for irregular warfare.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Modification of authority for humanitarian demining assistance and
stockpiled conventional munitions assistance.
Sec. 1042. Security clearances for recently separated members of the Armed
Forces and civilian employees of the Department of Defense.
Sec. 1043. Submission of national defense strategy in unclassified form.
Sec. 1044. Common access cards for Department of Defense facilities for cer-
tain congressional staff.
Sec. 1045. Introduction of entities in transactions critical to national security.
Sec. 1046. Repository of local nationals working for or on behalf of Federal
Government in theater of combat operations.
Sec. 1047. Transfers and pay of nonappropriated fund employees.
Sec. 1048. Establishment of joint training pipeline between United States Navy
and Royal Australian Navy.
Sec. 1049. Inspector General oversight of Department of Defense activities in
response to Russia’s further invasion of Ukraine.
Sec. 1050. Consultation of congressional defense committees in preparation of
national defense strategy.
Sec. 1051. Prohibition on use of funds for aerial fumigation in Colombia.
Sec. 1052. Assessment of suicide risk at military installations.
Subtitle F—Studies and Reports
Sec. 1061. Briefing on Global Force Management Allocation Plan.
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Sec. 1062. Extension and modification of reporting requirement regarding en-
hancement of information sharing and coordination of military
training between Department of Homeland Security and De-
partment of Defense.
Sec. 1063. Continuation of requirement for annual report on National Guard
and reserve component equipment.
Sec. 1064. Combatant command risk assessment for airborne intelligence, sur-
veillance, and reconnaissance.
Sec. 1065. Reports on effects of strategic competitor naval facilities in Africa.
Sec. 1066. Annual reports on safety upgrades to the high mobility multipurpose
wheeled vehicle fleets.
Sec. 1067. Quarterly reports on Operation Spartan Shield.
Sec. 1068. Congressional notification of military information support operations
in the information environment.
Sec. 1069. Department of Defense delays in providing comments on Govern-
ment Accountability Office reports.
Sec. 1070. Reports on hostilities involving United States Armed Forces.
Sec. 1071. Annual report on civilian casualties in connection with United States
military operations.
Sec. 1072. Justification for transfer or elimination of flying missions.
Sec. 1073. Equipment of Army reserve components: annual report to Congress.
Sec. 1074. Public availability of reports.
Sec. 1075. Quarterly reports on expenditures for planning and design of infra-
structure to support permanent United States force presence
on Europe’s eastern flank.
Sec. 1076. Study on military training routes and special use air space near
wind turbines.
Sec. 1077. Study on Joint Task Force Indo-Pacific.
Sec. 1078. Biannual Department of Defense Inspector General reporting on re-
sponse to Russian aggression and assistance to Ukraine.
Sec. 1079. Review of security assistance provided to Elie Wiesel countries.
Sec. 1079A. Report on Department of Defense practices regarding distinction
between combatants and civilians in United States military op-
erations.
Sec. 1079B. Report on Department of Defense recruitment advertising to racial
and ethnic minority communities.
Sec. 1079C. Public availability of information about cost of United States over-
seas military footprint.
Sec. 1079D. Study and report on potential inclusion of black box data record-
ers in tactical vehicles.
Sec. 1079E. Report on the strategy and engagement efforts of the Armed
Forces in Hawaii.
Sec. 1079F. Department of Defense engagement with Native Hawaiian organi-
zations.
Sec. 1079G. FFRDC study on shipyard infrastructure optimization program ef-
forts to optimize, recapitalize and reconfigure facilities and in-
dustrial plant equipment.
Sec. 1079H. Study on efforts of the Department of Defense to reduce the use
of single-use plastics.
Sec. 1079I. Report on Littoral Explosive Ordnance Neutralization program of
record.
Sec. 1079J. Assessment, plan, and reports on the automated surface observing
system.
Sec. 1079K. Annual report on use of social media by foreign terrorist organiza-
tions.
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Sec. 1079L. Report on protection of members of the Armed Forces from Rus-
sian-sponsored armed attacks.
Sec. 1079M. Report on desalinization technology.
Sec. 1079N. Report on Department of Defense military capabilities in the Car-
ibbean.
Sec. 1079O. Annual report on unfunded priorities of Defense POW/MIA Ac-
counting Agency.
Sec. 1079P. Review of Navy study on Requirements for and Potential Benefits
of Realistically Simulating Real World and Near Peer Adver-
sary Submarines.
Sec. 1079Q. Report on unmanned traffic management systems at military
bases and installations.
Sec. 1079R. Report on non-domestic fuel use.
Sec. 1079S. Report on human trafficking as a result of Russian invasion of
Ukraine.
Subtitle G—Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Ronald V. Dellums Memorial Fellowship for Women of Color in
STEAM.
Sec. 1083. Combating military reliance on Russian energy.
Sec. 1084. Commission on Civilian Harm.
Sec. 1085. Department of Defense Center for Excellence in Civilian Harm Miti-
gation.
Sec. 1086. Sense of Congress regarding naming a warship the USS Fallujah.
Sec. 1087. Standardization of sectional barge construction for Department of
Defense use on rivers and intercoastal waterways.
Sec. 1088. Sense of Congress regarding naming warships after deceased Navy
Medal of Honor recipients.
Sec. 1089. Sense of Congress regarding the service and crew of the USS Okla-
homa City.
Sec. 1090. Target date for deployment of 5G wireless broadband infrastructure
at all military installations.
Sec. 1091. Inclusion of Air Force student pilots in personnel metrics for estab-
lishing and sustaining dining facilities at Air Education and
Training Commands.
Sec. 1092. Sense of Congress regarding conduct of international naval review
on July 4, 2026.
Sec. 1093. Sense of Congress regarding crisis at the Southwest border.
Sec. 1094. National Commission on the Future of the Navy.
Sec. 1095. Transfer of aircraft to other departments for wildfire suppression
and other purposes.
Sec. 1096. National Museum of Intelligence and Special Operations.
Sec. 1097. Availability of information regarding procurement of equipment by
State and local governments through the Department of De-
fense.
Sec. 1098. Report on purchase and use by Department of Defense of location
data generated by Americans’ phones and their internet
metadata.
Sec. 1099. National tabletop exercise.
Sec. 1099A. Greenhouse gas mitigation actions and results dashboard.
Sec. 1099B. Administration of risk-based surveys to certain educational institu-
tions.
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Sec. 1099C. Briefing on Guam and Northern Mariana Islands military con-
struction costs.
Sec. 1099D. Resources to implement Department of Defense policy on civilian
harm in connection with United States military operations.
Sec. 1099E. Availability of modular small arms range for Army Reserve in
Puerto Rico.
Sec. 1099F. Independent epidemiological analysis of health effects from expo-
sure to Department of Defense activities in Vieques.
Sec. 1099G. Participation in Federal Transportation Incentive PRogram.
Sec. 1099H. Report on initiatives of Department of Defense to source locally
and regionally produced foods for installations of the Depart-
ment.
Sec. 1099I. Limitations on sale and use of portable heating devices on military
installations.
Sec. 1099J. Training and information for first responders regarding aid for vic-
tims of trauma-related injuries.
Sec. 1099K. Public availability of cost of certain military operations to each
United States taxpayer.
Sec. 1099L. Report on Department of Defense plan to achieve strategic over-
match in the information environment.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation on pre-
mium pay and aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1102. One-year extension of temporary authority to grant allowances, ben-
efits, and gratuities to civilian personnel on official duty in a
combat zone.
Sec. 1103. Standardized credentials for law enforcement officers of the Depart-
ment of Defense.
Sec. 1104. Temporary extension of authority to provide security for former De-
partment of Defense officials.
Sec. 1105. Increase in positions eligible for enhanced pay authority for certain
research and technology positions in science and technology re-
invention laboratories.
Sec. 1106. GAO Report on Federal Employee Paid Leave Act.
Sec. 1107. Inflation bonus pay for certain Department of Defense civilian em-
ployees.
Sec. 1108. Flexible workplace programs.
Sec. 1109. GAO study on Federal Wage System parity with local prevailing
wage rate.
Sec. 1110. Temporary authority to appoint retired members of the Armed
Forces to Military Health System positions.
Sec. 1111. Purchase of retired handguns by Federal law enforcement officers.
Sec. 1112. National Digital Reserve Corps.
Subtitle B—PLUM Act of 2022
Sec. 1121. Short title.
Sec. 1122. Establishment of public website on Government policy and sup-
porting positions.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
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Sec. 1201. Modifications to annual reports on security cooperation.
Sec. 1202. Modification to authority to provide support for conduct of oper-
ations.
Sec. 1203. Extension and modification of authority for reimbursement of cer-
tain coalition nations for support provided to United States
military operations.
Sec. 1204. Modification to authority to build capacity of foreign security forces.
Sec. 1205. Public report on military capabilities of China, Iran, North Korea,
and Russia.
Sec. 1206. Security cooperation programs with foreign partners to advance
women, peace, and security.
Sec. 1207. Strategy for security cooperation.
Sec. 1208. General Thaddeus Kosciuszko Exchange Program.
Sec. 1209. Assessment, monitoring, and evaluation of programs and activities.
Sec. 1209A. Report on chief of mission concurrence.
Sec. 1209B. Repeal of limitation on costs covered under humanitarian
demining assistance.
Sec. 1209C. Modification to fellowship program to add training relating to
urban warfare.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of the Afghan Special Immigrant Visa
Program.
Sec. 1212. Additional matters for inclusion in reports on oversight in Afghani-
stan.
Sec. 1213. Prohibition on transporting currency to the Taliban and the Islamic
Emirate of Afghanistan.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension of authority to provide assistance to vetted Syrian groups
and individuals.
Sec. 1222. Extension and modification of authority to provide assistance to
counter the Islamic State of Iraq and Syria.
Sec. 1223. Extension of authority to support operations and activities of the
Office of Security Cooperation in Iraq.
Sec. 1224. Extension and modification of report on the military capabilities of
Iran and related activities.
Sec. 1225. Prohibition on transfers to Iran.
Sec. 1226. Report on assisting Iranian dissidents and people access tele-
communications tools.
Sec. 1227. State Department authorization for pavilion at Expo 2025 Osaka.
Sec. 1228. Report on the U.N. arms embargo on Iran.
Sec. 1229. Report on Islamic Revolutionary Guard Corps-affiliated operatives
abroad.
Sec. 1229A. Repeal of Authorization for Use of Military Force Against Iraq
Resolution of 2002.
Sec. 1229B. Interagency strategy to disrupt and dismantle narcotics production
and trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria.
Subtitle D—Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the United
States and Russia.
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Sec. 1232. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1233. Prohibition on availability of funds relating to sovereignty of Russia
over Crimea.
Sec. 1234. Assessment of Russian strategy in Ukraine.
Sec. 1235. Report on efforts by the Russian Federation to expand its presence
and influence in Latin America and the Caribbean.
Sec. 1236. Expansion of cooperation and training with Ukraine.
Sec. 1237. Statement of policy.
Sec. 1238. Report on Department of Defense plan for responding to Russia’s
invasion of Ukraine.
Sec. 1239. Prohibition on Russian participation in the G7.
Sec. 1240. Condemning detention and indictment of Russian opposition leader
Vladimir Vladimirovich Kara-Murza.
Sec. 1241. Task force to track security assistance to Ukraine.
Sec. 1242. Report on risk of nuclear war in Ukraine.
Sec. 1243. Report on distribution and use of weapons in Ukraine.
Sec. 1244. Report from Council of the Inspectors General on Ukraine.
Subtitle E—Matters Relating to Europe and NATO
Sec. 1261. Sense of Congress on United States defense posture in Europe fol-
lowing the further invasion of Ukraine.
Sec. 1262. Sense of Congress on NATO membership for Finland and Sweden.
Sec. 1263. Matters relating to climate change at NATO.
Sec. 1264. Baltic Reassurance Act.
Sec. 1265. Report on efforts of NATO to counter misinformation and
disinformation.
Sec. 1266. Improvements to the NATO Strategic Communications Center of
Excellence.
Sec. 1267. Sense of Congress on enhancing strategic partnership, defense and
security cooperation with Georgia.
Sec. 1268. Report on improved diplomatic relations and defense relationship
with Albania.
Sec. 1269. Restriction of entities from using Federal funds from engaging, en-
tering into, and awarding public works contracts.
Sec. 1270. Modification to United States membership in interparliamentary
group.
Sec. 1271. Limitation on transfer of F–16 aircraft.
TITLE XIII—OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Matters Relating to the Indo-Pacific Region
Sec. 1301. Modification to annual report on military and security developments
involving the People’s Republic of China.
Sec. 1302. Sense of Congress on South Korea.
Sec. 1303. Sense of Congress on Taiwan defense relations.
Sec. 1304. Sense of Congress and report on United States security cooperation
with India.
Sec. 1305. Modification to report on resourcing United States defense require-
ments for the Indo-Pacific region and report on enhancing de-
fense cooperation with allies and partners in the Indo-Pacific.
Sec. 1306. Report on support and sustainment for critical capabilities in the
area of responsibility of the United States Indo-Pacific Com-
mand necessary to meet operational requirements in certain
conflicts with strategic competitors.
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Sec. 1307. Modification to Pacific Deterrence Initiative.
Sec. 1308. Seize the Initiative.
Sec. 1309. Modification to China military power report.
Sec. 1310. Modifications to public reporting of Chinese military companies op-
erating in the United States.
Sec. 1311. Reporting on institutions of higher education domiciled in the Peo-
ple’s Republic of China that provide support to the People’s
Liberation Army.
Sec. 1312. Sense of Congress on inviting Taiwan to the Rim of the Pacific ex-
ercise.
Sec. 1313. Joint exercises with Taiwan.
Sec. 1314. Taiwan defense cooperation.
Sec. 1315. Modification of prohibition on participation of the people’s republic
of china in rim of the pacific (rimpac) naval exercises to in-
clude cessation of genocide by china.
Sec. 1316. Addition to next annual report on military and security develop-
ments involving China.
Sec. 1317. Sense of Congress on enhancing NATO efforts to counter misin-
formation and disinformation.
Sec. 1318. Sense of Congress relating to the NATO Parliamentary Assembly.
Sec. 1319. Report on Indo-Pacific region.
Sec. 1320. Sense of Congress regarding the status of China.
Sec. 1321. Report on providing access to uncensored media in China.
Subtitle B—Other Matters Relating to Foreign Nations
Sec. 1331. Support of special operations for irregular warfare.
Sec. 1332. Permanent extension of authority for certain payments to redress
injury and loss.
Sec. 1333. Extension of United States-Israel cooperation to counter unmanned
aerial systems.
Sec. 1334. Modification and extension of United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1335. Modification to initiative to support protection of national security
academic researchers from undue influence and other security
threats.
Sec. 1336. Annual report on role of antisemitisim in violent extremist move-
ments.
Sec. 1337. Use of United States-origin defense articles in Yemen.
Sec. 1338. Sense of Congress regarding Israel.
Sec. 1339. Sense of Congress and briefing on multinational force and observers.
Sec. 1340. Comprehensive strategy to counter gray zone operations and other
hybrid warfare methods.
Sec. 1341. Study on Department of Defense support for stabilization activities
in national security interest of the United States.
Sec. 1342. Report on American Institute in Taiwan efforts to combat certain
disinformation and propaganda.
Sec. 1343. Report on Azerbaijan.
Sec. 1344. Defense and diplomatic strategy for Libya.
Sec. 1345. Repeal of restriction on funding for the Preparatory Commission for
the Comprehensive Nuclear-Test-Ban Treaty Organization.
Sec. 1346. Sense of Congress regarding the boycott of certain companies that
continue to operate in Russia and provide financial benefits to
the Putin regime.
Sec. 1347. Report on arms trafficking in Haiti.
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Sec. 1348. Establishment of the Office of City and State Diplomacy.
Sec. 1349. Transfer of excess OLIVER HAZARD PERRY class guided missile
frigates to Egypt.
Sec. 1350. Sense of Congress on Azerbaijan’s illegal detention of Armenian
prisoners of war.
Sec. 1351. United States-India Defense Partnership.
Sec. 1352. Briefing on Department of Defense Program to Protect United
States Students Against Foreign Agents.
Sec. 1353. Report on efforts to combat Boko Haram in Nigeria and the Lake
Chad Basin.
Sec. 1354. Chief of mission concurrence.
Sec. 1355. GAO study on Department of Defense support for other depart-
ments and agencies of the United States Government that ad-
vance Department of Defense security cooperation objectives.
Sec. 1356. Feasibility study and report relating to Somaliland.
Sec. 1357. Repeal of joint resolution to promote peace and stability in the Mid-
dle East.
Sec. 1358. Sense of Congress regarding the inclusion of sunset provisions in
authorizations for use of military force.
Sec. 1359. Report on Mexico.
Sec. 1360. Unpaid Peruvian agrarian reform bonds.
Sec. 1361. Report on Chinese support to Russia with respect to its unprovoked
invasion of and full-scale war against Ukraine.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B—Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of Defense-De-
partment of Veterans Affairs Medical Facility Demonstration
Fund for Captain James A. Lovell Health Care Center, Illi-
nois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Study and pilot program on semiconductors and the National De-
fense Stockpile.
Sec. 1414. Restoring essential energy and security holdings onshore for rare
earths.
Sec. 1415. Report on feasibility of increasing quantities of rare earth perma-
nent magnets in National Defense Stockpile.
Sec. 1416. Study on stockpiling energy storage components.
Subtitle C—Homeland Acceleration of Recovering Deposits and Renewing
Onshore Critical Keystones
Sec. 1421. Authority to acquire materials for National Defense Stockpile to ad-
dress shortfalls.
Sec. 1422. Report on modifications to the national technology and industrial
base.
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TITLE XV—CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A—Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Modification of office of primary responsibility for strategic cyberse-
curity program.
Sec. 1503. Establishment of cyber operations designator and rating for the
Navy.
Sec. 1504. Cyber threat information collaboration environment program.
Sec. 1505. Department of defense enterprise-wide procurement of cyber data
products and services.
Sec. 1506. Cybersecurity of military standards for data.
Subtitle B—Information Operations
Sec. 1511. Military operations in information environment: authority and notifi-
cations.
Sec. 1512. Limitation on availability of certain funds until submission of joint
lexicon for terms related to information operations.
Sec. 1513. Joint information operations course.
Sec. 1514. Consistency in delegation of certain authorities relating to informa-
tion operations.
Sec. 1515. Assessment and optimization of Department of Defense information
operations within the cyber domain.
Sec. 1516. Requirement to notify Chief of Mission of military operation in the
information environment.
Subtitle C—Reports and Other Matters
Sec. 1531. Annual reports on support by military departments for cyberspace
operations.
Sec. 1532. Independent review of posture and staffing levels of Office of the
Chief Information Officer.
Sec. 1533. Comprehensive review of Cyber Excepted Service.
Sec. 1534. Standardization of authority to operate applications in the Depart-
ment of Defense.
Sec. 1535. Establishment of hacking for national security and public service in-
novation program.
Sec. 1536. Tailored cyberspace operations organizations.
Sec. 1537. Cyber operations-peculiar awards.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Review of definitions associated with Cyberspace Operations Forces.
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. National Security Space Launch program.
Sec. 1604. Responsive space strategy, principles, model architecture, and imple-
mentation plans.
Sec. 1605. Responsive space demonstrations.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Report on tactically responsive space capabilities.
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Sec. 1608. Sense of Congress on Range of the Future and support to commer-
cial space launch activity.
Sec. 1609. Report on hyperspectral satellite technology.
Sec. 1610. Report on space debris.
Sec. 1611. Plan on pilot program for deployment of dedicated X-band small
satellite communications.
Sec. 1612. Report on stratospheric balloons, aerostats, or satellite technology
capable of rapidly delivering wireless internet.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that support oper-
ational preparation of the environment.
Sec. 1622. Executive agent for explosive ordnance intelligence.
Sec. 1623. Information on cover and cover support activities.
Sec. 1624. Funding for research and development of advanced naval nuclear
fuel system based on low-enriched uranium.
Subtitle C—Nuclear Forces
Sec. 1631. Improvements to Nuclear Weapons Council.
Sec. 1632. Portfolio management framework for nuclear forces.
Sec. 1633. Modification of Annual Assessment of Cyber Resilience of Nuclear
Command and Control System.
Sec. 1634. Nuclear-capable sea-launched cruise missile.
Sec. 1635. Limitation on availability of certain funds until submission of infor-
mation relating to proposed budget for nuclear-armed sea-
launched cruise missile.
Sec. 1636. Prohibition on reduction of the intercontinental ballistic missiles of
the United States.
Subtitle D—Missile Defense Programs
Sec. 1641. Repeal of requirement to transition ballistic missile defense pro-
grams to the military departments.
Sec. 1642. Fire control architectures.
Sec. 1643. Limitation on availability of certain funds until required acquisition
authority designation relating to capability to defend the home-
land from cruise missiles.
Sec. 1644. Limitation on availability of funds until submission of report on lay-
ered defense for the homeland.
Sec. 1645. Middle East integrated air and missile defense.
Sec. 1646. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1647. Report on integrated air and missile defense sensor of United States
Indo-Pacific Command.
Sec. 1648. Risk reduction in procurement of Guam missile defense system.
Sec. 1649. Plan on delivering Shared Early Warning System data to certain al-
lies and partners of the United States.
Sec. 1650. Reports on ground-based interceptors.
Sec. 1651. Report on missile defense interceptor site in contiguous United
States.
Sec. 1652. Report on gun launched interceptor technologies.
Sec. 1653. Report on radiation hardened, thermally insensitive telescopes for
SM–3 interceptor.
Subtitle E—Other Matters
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Sec. 1661. Cooperative threat reduction funds.
Sec. 1662. Study of weapons programs that allow the Armed Forces to address
hard and deeply buried targets.
Sec. 1663. Unidentified aerial phenomena reporting procedures.
TITLE XVII—MUNITIONS REPLENISHMENT AND FUTURE
PROCUREMENT
Sec. 1701. Modification to Special Defense Acquisition Fund.
Sec. 1702. Development of technologies with respect to critical, preferred, and
precision-guided conventional munitions.
Sec. 1703. Sense of Congress and quarterly briefings on replenishment and re-
vitalization of stocks of tactical missiles provided to Ukraine.
Sec. 1704. Assessment of acquisition objectives for Patriot air and missile de-
fense battalions.
Sec. 1705. Federally funded research and development center analysis of De-
partment of Defense capability and capacity to replenish mis-
sile and munition inventories.
Sec. 1706. Out-Year Unconstrained Total Munitions Requirement, Out-Year in-
ventory numbers, and critical munitions reserve.
Sec. 1707. Identification of subcontractors for critical munitions contracts.
Sec. 1708. Study on stockpiles and production of critical guided munitions.
Sec. 1709. Ukraine Critical Munitions Acquisition Fund.
Sec. 1710. Quarterly briefings on replenishment and revitalization of stocks of
defensive and offensive weapons provided to Ukraine.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2003. Effective date and automatic execution of conforming changes to ta-
bles of sections, tables of contents, and similar tabular entries.
Sec. 2004. Directing the Secretary of Defense to continue military housing re-
forms.
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 certain fiscal year 2019
project.
Sec. 2106. Extension of authority to carry out certain fiscal year 2018 projects.
Sec. 2107. 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.
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Sec. 2205. Transfer of customers from electrical utility system of the Navy at
former Naval Air Station Barber’s Point, Hawaii, to new elec-
trical system in Kalaeloa, Hawaii.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing and improvements to military family housing units.
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 Air National Guard construction and land acquisition
projects.
Sec. 2604. Authorized Air Force Reserve construction and land acquisition
projects.
Sec. 2605. Authorization of appropriations, National Guard and Reserve.
Sec. 2606. Corrections to authority to carry out certain fiscal year 2022
projects.
Sec. 2607. Extension of authority to carry out certain fiscal year 2018 projects.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure
Account.
Sec. 2702. Authorization to fund certain demolition and removal activities
through Department of Defense Base Closure Account.
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TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program Changes
Sec. 2801. Modification of annual locality adjustment of dollar thresholds appli-
cable to unspecified minor military construction authorities.
Sec. 2802. Military construction projects for innovation, research, development,
test, and evaluation.
Sec. 2803. Further clarification of requirements related to authorized cost and
scope of work variations.
Sec. 2804. Use of operation and maintenance funds for certain construction
projects outside the United States.
Sec. 2805. Increase in maximum approved cost of unspecified minor military
construction projects.
Sec. 2806. Increase in unspecified minor military construction authority for
laboratory revitalization projects.
Sec. 2807. Permanent application of dollar limits for location and application
to projects outside the United States.
Sec. 2808. Prohibition on availability of funds for special operations forces mili-
tary construction.
Sec. 2809. Requirements relating to certain military construction projects.
Sec. 2809A. Supervision of large military construction projects.
Sec. 2809B. Local hire requirements for military construction contracts.
Subtitle B—Continuation of Military Housing Reforms
Sec. 2811. Standardization of military installation Housing Requirements and
Market Analyses.
Sec. 2812. Notice requirement for MHPI ground lease extensions.
Sec. 2813. Annual briefings on military housing privatization projects.
Sec. 2814. Privatization of Navy and Air Force transient housing.
Sec. 2815. Military housing feedback tool.
Sec. 2816. Screening and registry of individuals with health conditions result-
ing from unsafe housing units.
Sec. 2817. Mandatory disclosure of presence of mold and health effects of
mycotoxins before a lease is signed for privatized military hous-
ing.
Sec. 2818. Modification of prohibition on ownership or trading of stocks in cer-
tain companies by certain officials of the Department of De-
fense.
Subtitle C—Real Property and Facilities Administration
Sec. 2821. Authorized land and facilities transfer to support contracts with
Federally Funded Research and Development Centers.
Sec. 2822. Restoration or replacement of damaged, destroyed, or economically
unrepairable facilities.
Sec. 2823. Defense access road program enhancements to address transpor-
tation infrastructure in vicinity of military installations.
Sec. 2824. Physical entrances to certain military installations.
Sec. 2825. Improvements relating to access to military installations in United
States.
Subtitle D—Military Facilities Master Plan Requirements
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Sec. 2831. Limitation on use of funds pending completion of military installa-
tion resilience component of master plans for at-risk major
military installations.
Subtitle E—Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Consideration of installation of integrated solar roofing to improve
energy resiliency of military installations.
Sec. 2842. Study of military housing resilience and energy efficiency.
Subtitle F—Land Conveyances
Sec. 2851. Extension of time frame for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2852. Authority for transfer of administrative jurisdiction, Castner Range,
Fort Bliss, Texas.
Sec. 2853. Conveyance, Joint Base Charleston, South Carolina.
Sec. 2854. Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Vir-
ginia Beach, Virginia.
Sec. 2855. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.
Subtitle G—Miscellaneous Studies and Reports
Sec. 2861. FFRDC study on practices with respect to development of military
construction projects.
Sec. 2862. Feasibility study for Blue Grass Chemical Agent-Destruction Pilot
Plant.
Sec. 2863. Comptroller General assessment of military construction, mainte-
nance, and upgrades of joint base infrastructure and facilities.
Sec. 2864. Report on underground tunnels and facilities in Hawaii.
Sec. 2865. Comptroller General report on community engagement activities at
military installations in foreign countries.
Sec. 2866. Report on recognition of African American servicemembers in De-
partment of Defense naming practices.
Sec. 2867. Report on capacity of Department of Defense to provide survivors
of natural disasters with emergency short-term housing.
Sec. 2868. Directing the Secretary of Defense to deliver a briefing on housing
with respect to junior members of the Armed Forces.
Sec. 2869. Reporting on lead service lines and lead plumbing.
Subtitle H—Other Matters
Sec. 2871. Defense community infrastructure program.
Sec. 2872. Inclusion in Defense Community Infrastructure Pilot Program of
certain projects for ROTC training.
Sec. 2873. Basing decision scorecard consistency and transparency.
Sec. 2874. Lease or use agreement for category 3 subterranean training facil-
ity.
Sec. 2875. Required consultation with State and local entities on issues related
to increase in number of military personnel at military installa-
tions.
Sec. 2876. Required investments in improving child development centers.
Sec. 2877. Limitation on use of funds for closure of combat readiness training
centers.
Sec. 2878. Pilot program on use of mass timber in military construction
projects.
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Sec. 2879. Contributions for climate resilience for North Atlantic Treaty Orga-
nizations Security Investment.
Sec. 2880. Screening and registry of individuals with health conditions result-
ing from unsafe housing units.
Sec. 2881. Recognition of Memorial, Memorial Garden, and K9 Memorial of the
National Navy UDT-SEAL Museum in Fort Pierce, Florida,
as a national memorial, memorial garden, and K9 memorial,
respectively, of Navy SEALs and their predecessors.
Sec. 2882. Ensuring that contractor employees on Army Corps projects are
paid prevailing wages as required by law.
Sec. 2883. Inclusion of climate resilience services in the Combatant Commander
Initiative Fund.
Sec. 2884. Interagency Regional Coordinator for Resilience Pilot Project.
TITLE XXIX—SCIENCE AND TECHNOLOGY MILITARY
CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition project.
Sec. 2903. Authorized Air Force construction and land acquisition projects.
Sec. 2904. Authorization of appropriations.
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, Limitations, and Other
Matters
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Nuclear warhead acquisition process.
Sec. 3113. Authorized personnel levels of the Office of the Administrator.
Sec. 3114. Modification to certain reporting requirements.
Sec. 3115. Modifications to long-term plan for meeting national security re-
quirements for unencumbered uranium.
Sec. 3116. Modification of minor construction threshold for plant projects.
Sec. 3117. Prohibition on availability of funds to reconvert or retire W76–2
warheads.
Sec. 3118. Comptroller General study on National Nuclear Security Adminis-
tration management and operation contracting process.
Sec. 3119. Funding for W80–4 life extension program.
Sec. 3120. Requirements for specific request for new or modified nuclear weap-
ons.
Sec. 3121. Extension of deadline for transfer of parcels of land in New Mexico.
Sec. 3122. Designation of National Nuclear Security Administration as tech-
nical nuclear forensics lead.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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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 SECURITY
Subtitle A—Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes
procured, furnished, or financed by other Federal departments
and agencies.
Sec. 3503. United States marine highway program.
Sec. 3504. Multistate, State, and regional transportation planning.
Subtitle B—Merchant Marine Academy
Sec. 3511. Appointment of Superintendent of United States Merchant Marine
Academy.
Sec. 3512. Exemption of certain students from requirement to obtain merchant
mariner license.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Requirements relating to training of Merchant Marine Academy ca-
dets on certain vessels.
Sec. 3515. Reports on matters relating to the United States Merchant Marine
Academy.
Subtitle C—Vessels
Sec. 3521. Waiver of navigation and vessel-inspection laws.
Sec. 3522. Certificates of numbers for undocumented vessels.
Sec. 3523. Recapitalization of National Defense Reserve Fleet.
Sec. 3524. Cargoes procured, furnished, or financed by the United States Gov-
ernment.
Subtitle D—Reports and Other Matters
Sec. 3532. National maritime transportation report and strategy.
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
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Sec. 4401. Military personnel.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E—NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI—VETERANS AFFAIRS MATTERS
Sec. 5101. Maximum rate of interest on debts incurred before military service
applicable to military dependents.
Sec. 5102. Report on handling of certain records of the Department of Vet-
erans Affairs.
Sec. 5103. Sense of Congress regarding women who served as cadet nurses dur-
ing World War II.
Sec. 5104. Sense of Congress regarding Korean and Korean-American Vietnam
war veterans.
Sec. 5105. Use of veterans with medical occupations in response to national
emergencies.
Sec. 5106. Pilot program to employ veterans in positions relating to conserva-
tion and resource management activities.
Sec. 5107. Elimination of Asset and Infrastructure Review Commission of De-
partment of Veterans Affairs.
Sec. 5108. Eligibility requirements for reimbursement for emergency treatment
furnished to veterans.
Sec. 5109. Improving processing by the Department of Veterans Affairs of dis-
ability claims for post-traumatic stress disorder.
Sec. 5110. Registry of individuals exposed to per- and polyfluoroalkyl sub-
stances on military installations.
Sec. 5111. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States.
Sec. 5112. Report on barriers to veteran participation in Federal housing pro-
grams.
Sec. 5113. Department of Veterans Affairs report on supportive services and
housing insecurity.
Sec. 5114. Inclusion on the Vietnam Veterans Memorial Wall of the names of
the lost crew members of the U.S.S. Frank E. Evans killed on
June 3, 1969.
Sec. 5115. Provision of health care benefits for certain individuals who served
in the armed forces of the Republic of Korea.
Sec. 5116. Grants for provision of transition assistance to members and former
members of the Armed Forces after separation, retirement, or
discharge.
Sec. 5117. Study on incidence and mortality of cancer among former aircrew
of the Navy, Air Force, and Marine Corps.
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Sec. 5118. Feasibility study on inclusion on the Vietnam Veterans Memorial
Wall of the names of the lost crew members of the USS Frank
E. Evans killed on June 3, 1969.
Sec. 5119. Limitation on copayments for contraception.
Sec. 5120. Requirement for timely scheduling of appointments at medical facili-
ties of Department of Veterans Affairs.
Sec. 5121. Provision by Department of Veterans Affairs health care providers
of recommendations and opinions regarding veteran participa-
tion in State marijuana programs.
Sec. 5122. Annual report from the advisory committee on women veterans.
Sec. 5123. VA payments or allowances for beneficiary travel.
Sec. 5124. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5125. Secretary of Veterans Affairs study on VA Home Loan Benefit.
Sec. 5126. GAO study on post-market surveillance of medical devices by De-
partment of Veterans Affairs.
Sec. 5127. Competitive pay for health care providers of the Department of Vet-
erans Affairs.
Sec. 5128. Department of Veterans Affairs program to provide grants for cer-
tain veterans service organizations affected by the COVID–19
Pandemic.
Sec. 5129. Inclusion of veterans in housing planning.
Sec. 5130. Annual report on housing assistance to veterans.
Sec. 5131. Payments to individuals who served during World War II in the
United States Merchant Marine.
Sec. 5132. Expansion of eligibility for hospital care, medical services, and nurs-
ing home care from the Department of Veterans Affairs to in-
clude veterans of World War II.
Sec. 5133. Pilot program on cybersecurity training for veterans and military
spouses.
Sec. 5134. Department of Veterans Affairs awareness campaign on fertility
services.
TITLE LII—HOMELAND SECURITY MATTERS
Sec. 5201. Chemical Security Analysis Center.
Sec. 5202. National Cybersecurity Preparedness Consortium.
Sec. 5203. Report on cybersecurity roles and responsibilities of the Department
of Homeland Security.
Sec. 5204. Exemption of certain Homeland Security fees for certain immediate
relatives of an individual who received the Purple Heart.
Sec. 5205. Clarifications regarding scope of employment and reemployment
rights of members of the uniformed services.
Sec. 5206. Critical technology security centers.
Sec. 5207. Systemically important entities.
Sec. 5208. GAO review of Department of Homeland Security efforts related to
establishing space as a critical infrastructure sector.
Sec. 5209. Report on commercial satellite cybersecurity; CISA commercial sat-
ellite system cybersecurity clearinghouse.
Sec. 5210. Reports, evaluations, and research regarding drug interdiction at
and between ports of entry.
Sec. 5211. Report on Puerto Rico’s electric grid.
Sec. 5212. Access to military installations for Homeland Security Investigations
personnel in Guam.
Sec. 5213. Building cyber resilience after SolarWinds.
Sec. 5214. CISA director appointment and term.
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Sec. 5215. Department of Homeland Security report relating to establishment
of preclearance facility in Taiwan.
Sec. 5216. Human trafficking training.
TITLE LIII—TRANSPORTATION AND INFRASTRUCTURE MATTERS
Sec. 5301. Calculation of active service.
Sec. 5302. Acquisition of icebreaker.
Sec. 5303. Department of Defense civilian pilots.
Sec. 5304. Pilot program for spaceflight recovery operations at sea.
Sec. 5305. Port infrastructure development grants.
Sec. 5306. Preliminary damage assessment.
Sec. 5307. Designation of small state and rural advocate.
Sec. 5308. Flexibility.
Sec. 5309. Menstrual products in public buildings.
Sec. 5310. Fly America Act exception.
Sec. 5311. Aqua alert notification system pilot program.
Sec. 5312. Recognizing FEMA support.
Sec. 5313. Definitions.
Sec. 5314. Permitting use of highway trust fund for construction of certain
noise barriers.
Sec. 5315. Establishment of Southern New England Regional Commission.
Sec. 5316. Critical document fee waiver.
Sec. 5317. Disadvantaged business enterprises.
Sec. 5318. Secretary of Agriculture report on improving supply chain shortfalls
and infrastructure needs at wholesale produce markets.
Sec. 5319. Report on improving counterterrorism security at passenger rail sta-
tions.
Sec. 5320. Extreme weather events.
Sec. 5321. Safety standards.
Sec. 5322. Extension.
Sec. 5323. Centers of excellence for domestic maritime workforce training and
education.
Sec. 5324. Duplication of benefits.
Sec. 5325. Flight instruction or testing.
Sec. 5326. High-speed broadband deployment initiative.
TITLE LIV—FINANCIAL SERVICES MATTERS
Subtitle A—In General
Sec. 5401. Services That Open Portals to Dirty Money Act.
Sec. 5402. Review of Cyber-related Matters at the Department of the Treasury.
Sec. 5403. Strengthening Awareness of Sanctions.
Sec. 5404. Briefing on Chinese support for Afghan illicit finance.
Sec. 5405. Support for international initiatives to provide debt restructuring or
relief to developing countries with unsustainable levels of debt.
Sec. 5406. Payment choice.
Sec. 5407. Disclosure requirements relating to China-based hedge funds capital
raising activities in the United States through certain exempt-
ed transactions.
Sec. 5408. Russia and Belarus Financial Sanctions.
Sec. 5409. Appraisal standards for single-family housing mortgages.
Sec. 5410. China financial threat mitigation.
Sec. 5411. Review of FHA small-dollar mortgage practices.
Sec. 5412. Disclosure of businesses ties to Russia.
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Sec. 5413. Small business loan data collection.
Sec. 5414. Nationwide Emergency Declaration medical supplies enhancement.
Sec. 5415. Special measures to fight modern threats.
Sec. 5416. Submission of data relating to diversity.
Sec. 5417. Diversity advisory group.
Sec. 5418. Discount on mortgage insurance premium payments for first-time
homebuyers who complete financial literacy housing counseling
programs.
Sec. 5419. Capacity building for community development and affordable hous-
ing.
Sec. 5420. Affordable housing construction as eligible activity under Commu-
nity Development Block Grant Program.
Sec. 5421. Consideration of small home mortgage lending under Community
Reinvestment Act.
Sec. 5422. Prohibition on consumer reports containing adverse information re-
lated to certain student loans.
Sec. 5423. Extension of the Central Liquidity Facility.
Sec. 5424. Promoting capital raising options for traditionally underrepresented
small businesses.
Sec. 5425. Improvements by countries in combating narcotics-related money
laundering.
Sec. 5426. Study on the role of online platforms and tenant screening compa-
nies in the housing market.
Sec. 5427. United States opposition to multilateral development bank projects
that provide a public subsidy to a private sector firm unless the
subsidy is awarded using an open, competitive process or on an
open-access basis.
Sec. 5428. United States contribution to the Catastrophe Containment and Re-
lief Trust at the International Monetary Fund.
Sec. 5429. Public reporting of United States votes to support, or abstention
from voting on, multilateral development bank projects under
the Guidance on Fossil Fuel Energy at the Multilateral Devel-
opment Banks issued by the Department of the Treasury on
August 16, 2021.
Sec. 5430. United States policy on international finance corporation disclosure
of high and substantial risk sub-projects of financial inter-
mediary clients.
Sec. 5431. United states policy on multilateral development bank disclosure of
beneficial ownership information.
Sec. 5432. Strengthening the SEC’s Whistleblower Fund.
Sec. 5433. United States policy on World Bank Group and Asian Development
Bank assistance to the People’s Republic of China.
Sec. 5434. Addition of United Kingdom and Australia as DPA domestic
sources.
Sec. 5435. Servicemember protections for medical debt collections.
Sec. 5436. Protections for active duty uniformed consumer.
Sec. 5437. Fair Debt Collection Practices for Servicemembers.
Sec. 5438. Fair hiring in banking.
Sec. 5439. Banking transparency for sanctioned persons.
Sec. 5440. Ukraine debt payment relief.
Sec. 5441. Grant program for grandfamily housing.
Sec. 5442. Flexibility in Addressing Rural Homelessness.
Sec. 5443. Promoting diversity and inclusion in the appraisal profession.
Sec. 5444. Combating Trade-Based Money Laundering.
Sec. 5445. Disclosure of disability, veteran, and military status.
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Sec. 5446. Strengthening Cybersecurity for the Financial Sector.
Sec. 5447. Review of IMF loan surcharge policy.
Sec. 5448. Grants to eligible entities for enhanced protection of senior investors
and senior policyholders.
Sec. 5449. Banking Transparency for Sanctioned Persons.
Sec. 5450. Bureau servicemember and veteran credit reporting ombudsperson.
Sec. 5451. Senior Investor Taskforce.
Sec. 5452. Military service question.
Sec. 5453. Prohibition on trading ahead by market makers.
Sec. 5454. Securing America’s Vaccines for Emergencies.
Sec. 5455. Special Drawing Rights exchange prohibition.
Sec. 5456. Prohibition on insider trading.
Sec. 5457. Community development block grant disaster recovery program.
Subtitle B—SAFE Banking
Sec. 5461. Short title; table of contents; purpose.
Sec. 5462. Safe harbor for depository institutions.
Sec. 5463. Protections for ancillary businesses.
Sec. 5464. Protections under Federal law.
Sec. 5465. Rules of construction.
Sec. 5466. Requirements for filing suspicious activity reports.
Sec. 5467. Guidance and examination procedures.
Sec. 5468. Annual diversity and inclusion report.
Sec. 5469. GAO study on diversity and inclusion.
Sec. 5470. GAO study on effectiveness of certain reports on finding certain per-
sons.
Sec. 5471. Application of this subtitle with respect to hemp-related legitimate
businesses and hemp-related service providers.
Sec. 5472. Banking services for hemp-related legitimate businesses and hemp-
related service providers.
Sec. 5473. Requirements for deposit account termination requests and orders.
Sec. 5474. Definitions.
Sec. 5475. Discretionary surplus funds.
TITLE LV—NATURAL RESOURCES MATTERS
Sec. 5501. Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas
Equal and Fair Opportunity amendment.
Sec. 5502. Inclusion of Commonwealth of the Northern Mariana Islands and
American Samoa.
Sec. 5503. Amendments to Sikes Act.
Sec. 5504. Brennan Reef.
Sec. 5505. Establishment of Fund.
Sec. 5506. Leasing on the Outer Continental Shelf.
Sec. 5507. Continental Divide National Scenic Trail.
Sec. 5508. Sacramento-San Joaquin Delta National Heritage Area.
Sec. 5509. New York-New Jersey Watershed Protection.
Sec. 5510. Authorization of appropriations for the National Maritime Heritage
Grant Program.
Sec. 5511. Berryessa Snow Mountain National Monument Expansion.
TITLE LVI—INSPECTOR GENERAL INDEPENDENCE AND
EMPOWERMENT MATTERS
Subtitle A—Inspector General Independence
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Sec. 5601. Short title.
Sec. 5602. Removal or transfer of inspectors general; placement on non-duty
status.
Sec. 5603. Vacancy in position of inspector general.
Sec. 5604. Office of inspector general whistleblower complaints.
Subtitle B—Presidential Explanation of Failure to Nominate an Inspector
General
Sec. 5611. 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. 5621. Short title.
Sec. 5622. Additional information to be included in requests and reports to
Congress.
Sec. 5623. Availability of information to Congress on certain allegations of
wrongdoing closed without referral.
Sec. 5624. Semiannual report.
Sec. 5625. Additional reports.
Sec. 5626. Requirement to report final disposition to Congress.
Sec. 5627. Investigations of Offices of Inspectors General of establishments by
the Integrity Committee.
Subtitle D—Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5631. Notice of ongoing investigations when there is a change in status
of Inspector General.
Subtitle E—Council of the Inspectors General on Integrity and Efficiency
Report on Expenditures
Sec. 5641. CIGIE report on expenditures.
Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5651. Notice of refusal to provide information or assistance to inspectors
general.
Subtitle G—Training Resources for Inspectors General and Other Matters
Sec. 5671. Training resources for inspectors general.
Sec. 5672. Definition of appropriate congressional committees.
Sec. 5673. Semiannual reports.
Sec. 5674. Submission of reports that specifically identify non-governmental or-
ganizations or business entities.
Sec. 5675. Review relating to vetting, processing, and resettlement of evacuees
from Afghanistan and the Afghanistan special immigrant visa
program.
Sec. 5676. Investigations of department of justice personnel.
Sec. 5677. Law enforcement authority of the Inspector General of the United
States International Development Finance Corporation.
Sec. 5678. Inspector General for the Office of Management and Budget.
TITLE LVII—FEDERAL EMPLOYEE MATTERS
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Sec. 5701. Appeals to Merit Systems Protection Board relating to FBI reprisal
allegations; salary of Special Counsel.
Sec. 5702. Minimum wage for Federal contractors.
Sec. 5703. Federal wildland firefighter recruitment and retention.
Sec. 5704. Study and report on returnship programs.
Sec. 5705. Limitations on exception of competitive service positions.
TITLE LVIII—OTHER MATTERS
Subtitle A—In General
Sec. 5801. Afghan Allies Protection.
Sec. 5802. Advancing Mutual Interests and Growing Our Success.
Sec. 5803. Expansion of study of PFAS contamination.
Sec. 5804. National research and development strategy for distributed ledger
technology.
Sec. 5805. Commercial air waiver for next of kin regarding transportation of
remains of casualties.
Sec. 5806. Arms Exports Delivery Solutions Act.
Sec. 5807. Prohibition on transfers to Badr Organization.
Sec. 5808. Prohibition of Federal funding for induced or required undermining
of security of consumer communications goods.
Sec. 5809. Foreign state computer intrusions.
Sec. 5810. School PFAS testing and filtration program.
Sec. 5811. Report on EMT national licensing standards.
Sec. 5812. Requirement for cut flowers and cut greens displayed in certain
Federal buildings to be produced in the United States.
Sec. 5813. Renegotiation of Compacts of Free Association.
Sec. 5814. Interagency report on extremist activity.
Sec. 5815. Reporting on previous Federal Bureau of Investigation and Depart-
ment of Homeland Security requirements.
Sec. 5816. PFAS data call.
Sec. 5817. Prohibition on contracting with persons with willful or repeated vio-
lations of the Fair Labor Standards Act of 1938.
Sec. 5818. Report on human rights in the Philippines.
Sec. 5819. Requirement for the Secretary of Housing and Urban Development
to annually report complaints of sexual harassment.
Sec. 5820. Department of Labor study on factors affecting employment oppor-
tunities for immigrants and refugees with professional creden-
tials obtained in foreign countries.
Sec. 5821. Sense of Congress and statement of policy on Haiti.
Sec. 5822. Correctional Facility Disaster Preparedness.
Sec. 5823. Nondiscrimination in Federal hiring for veteran medical cannabis
users; Authorized provision of information on State-approved
marijuana programs to veterans.
Sec. 5824. Report on certain entities connected to foreign persons on the mur-
der of Jamal Khashoggi.
Sec. 5825. Review of implementation of United States sanctions with respect to
violators of the arms embargo on Libya.
Sec. 5826. Modification of prior notification of shipment of arms.
Sec. 5827. Study and report on feasability of suspension of mergers, acquisi-
tions, and takeovers of certain foreign surveillance companies.
Sec. 5828. Report on political prisoners in Egypt.
Sec. 5829. Attorney General authority to transfer forfeited Russian assets to
assist Ukraine.
Sec. 5830. Removing Russian rough diamonds from global markets.
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Sec. 5831. Liu Xiaobo Fund for Study of the Chinese language.
Sec. 5832. Access for Veterans to Records.
Sec. 5833. Japanese American confinement education grants.
Sec. 5834. Reporting on internationally recognized human rights in the United
States in the annual Country Reports on Human Rights Prac-
tices.
Sec. 5835. Export prohibition of munitions items to the Hong Kong police
force.
Sec. 5836. Congressional notification for rewards paid using cryptocurrencies.
Sec. 5837. Consultations on reuniting Korean Americans with family members
in North Korea.
Sec. 5838. Secure access to sanitation facilities for women and girls.
Sec. 5839. Blackwater Trading Post Land.
Sec. 5840. Authorizations relating to veterinary care overseas.
Sec. 5841. Crisis counseling assistance and training.
Sec. 5842. Prohibited uses of acquired, donated, and conservation land.
Sec. 5843. Jamal Khashoggi Press Freedom Accountability Act of 2021.
Sec. 5844. GAO study on the Daniel Pearl Freedom of the Press Act of 2009.
Sec. 5845. Secretary of State assistance for prisoners in Islamic Republic of
Iran.
Sec. 5846. Policy regarding development of nuclear weapons by Iran.
Sec. 5847. Transfer of NOAA property in Norfolk, Virginia.
Sec. 5848. Elimination of sentencing disparity for cocaine offenses.
Sec. 5849. Imposition of sanctions with respect to the sale, supply, or transfer
of gold to or from Russia.
Sec. 5850. Support for Afghan Special Immigrant Visa and Refugee Appli-
cants.
Sec. 5851. Liability for failure to disclose or update information.
Sec. 5852. Government Accountability Office study and report on contractors
using distributors to avoid scrutiny.
Sec. 5853. Supplement to Federal Employee Viewpoint Survey.
Sec. 5854. Certain activities relating to intimate visual depictions.
Sec. 5855. Waiver of special use permit application fee for veterans’ special
events.
Sec. 5856. Regional water programs.
Sec. 5857. Limitation on licenses and other authorizations for export of certain
items removed from the jurisdiction of the United States Muni-
tions List and made subject to the jurisdiction of the Export
Administration Regulations.
Sec. 5858. Review of standard occupational classification system.
Sec. 5859. United States Fire Administration on-site investigations of major
fires.
Sec. 5860. Multilateral agreement to establish an independent international
center for research on the information environment.
Sec. 5861. Prioritization of efforts of the Department of State to combat inter-
national trafficking in covered synthetic drugs.
Sec. 5862. Isolate Russian Government Officials Act of 2022.
Sec. 5863. Prohibition on certain assistance to the Philippines.
Sec. 5864. Gender analysis in foreign training programs.
Sec. 5865. Report on Columbian military forces.
Sec. 5866. Federal Contracting for Peace and Security.
Sec. 5867. Department of Defense Cyber and Digital Service Academy.
Sec. 5868. Democracy disruption in the Middle East and Africa.
Sec. 5869. Feasibility study on United States support for and participation in
the international counterterrorism academy in Cote d’Ivoire.
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Sec. 5870. Memorial for those who lost their lives in the attack on Hamid
Karzai International Airport on August 26, 2021.
Sec. 5871. Reports on substance abuse in the Armed Forces.
Sec. 5872. GAO report on civilian support positions at remote military installa-
tions.
Sec. 5873. GAO study on Foreign Service Institute’s School of Language Stud-
ies.
Sec. 5874. Report on waivers under section 907 of the Freedom for Russia and
Emerging Eurasian Democracies and Open Markets Support
Act of 1992.
Sec. 5875. Amendments to the Ukraine Freedom Support Act of 2014.
Sec. 5876. GAO study on end use monitoring.
Sec. 5877. Sense of Congress regarding the life and legacy of Senator Joseph
Maxwell Cleland.
Sec. 5878. Repeal of 1991 Authorization for Use of Military Force Against
Iraq Resolution.
Sec. 5879. ONDCP supplemental strategies.
Sec. 5880. Support for Afghans applying for student visas.
Sec. 5881. Immigration age-out protections.
Sec. 5882. Medicare Improvement Fund.
Sec. 5883. Clean Water Act effluent limitations guidelines and standards and
water quality criteria for PFAS.
Sec. 5884. Amendments to the Maine Indian Claims Settlement Act of 1980.
Sec. 5885. Sense of Congress that the Department of Veterans Affairs should
be prohibited from denying home loans for veterans who legally
work in the marijuana industry.
Sec. 5886. Hermit’s Peak/Calf Canyon Fire Assistance.
Sec. 5887. Open Technology Fund grants.
Sec. 5888. Strategic transformer reserve and resilience.
Sec. 5889. AI in Counterterrorism Oversight Enhancement.
Sec. 5890. Elimination of termination clause for Global Engagement Center.
Sec. 5891. Resolution of controversies under Servicemembers Civil Relief Act.
Sec. 5892. Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act.
Sec. 5893. Clarification of private right of action under Servicemembers Civil
Relief Act.
Sec. 5894. Definition of land use revenue under West Los Angeles Leasing Act
of 2016.
Sec. 5895. Report on the use of data and data science at the Department of
State and USAID.
Sec. 5896. Modification of reports to Congress under Global Magnitsky Human
Rights Accountability Act.
Sec. 5897. Department of State fellowships for rule of law activities in Central
America.
Sec. 5898. Report on all comprehensive sanctions imposed on foreign govern-
ments.
Sec. 5899. Wastewater assistance to colonias.
Sec. 5900. Contracts by the President, the Vice President, or a Cabinet Mem-
ber.
Sec. 5901. Statement of policy and report on engaging with Niger.
Sec. 5902. Interagency task force.
Sec. 5903. Modification of duties of united states-china economic and security
review commission.
Sec. 5904. Taiwan Fellowship Program.
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Sec. 5905. Treatment of paycheck protection program loan forgiveness of pay-
roll costs under highway and public transportation project cost-
reimbursement contracts.
Sec. 5906. Biliteracy Education Seal and Teaching Act.
Sec. 5907. Presumption of cause of disability or death due to employment in
fire protection activities.
Sec. 5908. Documenting and responding to discrimination against migrants
abroad.
Sec. 5909. Extending the statute of limitations for certain money laundering
offenses.
Sec. 5910. Foreign corruption accountability sanctions and criminal enforce-
ment.
Sec. 5911. FedRAMP Authorization Act.
Sec. 5912. Amendment.
Sec. 5913. Improving investigation and prosecution of child abuse cases.
Sec. 5914. Report on humanitarian situation and food security in Lebanon.
Sec. 5915. Designation of El Paso Community Healing Garden National Me-
morial.
Sec. 5916. Administrator of General Services study on counterfeit items on e-
commerce platforms of the General Services Administration.
Sec. 5917. Report on removal of service members.
Sec. 5918. Limitation on availability of funds for certain contractors or grant-
ees that require nondisparagement or nondisclosure clause re-
lated to sexual harassment and sexual assault.
Sec. 5919. Department of Homeland Security Office for Civil Rights and Civil
Liberties authorization.
Sec. 5920. Modification to peacekeeping operations report.
Sec. 5921. Report to Congress by Secretary of State on government-ordered
internet or telecommunications shutdowns.
Sec. 5922. Survivors’ bill of rights.
Sec. 5923. Admission of essential scientists and technical experts to promote
and protect National Security Innovation Base.
Sec. 5924. Delaware River Basin Conservation reauthorization.
Subtitle B—Rights for the TSA Workforce Act of 2022
Sec. 5931. Short title.
Sec. 5932. Definitions.
Sec. 5933. Conversion of TSA personnel.
Sec. 5934. Transition rules.
Sec. 5935. Consultation requirement.
Sec. 5936. No right to strike.
Sec. 5937. Proposal on hiring and contracting background check requirements.
Sec. 5938. Comptroller General reviews.
Sec. 5939. Sense of Congress.
Sec. 5940. Assistance for Federal air marshal service.
Sec. 5941. Prevention and protection against certain illness.
Sec. 5942. Hazardous duty payments.
Sec. 5943. Authorization of appropriations.
Sec. 5944. Study on feasibility of commuting benefits.
Sec. 5945. Briefing on assaults and threats on tsa employees.
Sec. 5946. Annual reports on TSA workforce.
DIVISION F—OTHER MATTERS
TITLE LX—TAIWAN PEACE AND STABILITY ACT
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Sec. 6001. Short title.
Sec. 6002. Findings and statement of policy.
Sec. 6003. Definitions.
Subtitle A—Supporting Taiwan’s Meaningful Participation in the
International Community
Sec. 6011. Findings.
Sec. 6012. Sense of Congress on Taiwan’s meaningful participation in the
international community.
Sec. 6013. Strategy to support Taiwan’s meaningful participation in inter-
national organizations.
Sec. 6014. Expanding United States-Taiwan development cooperation.
Subtitle B—Advancing Taiwan’s Economic Space
Sec. 6021. Sense of Congress on expanding U.S. economic relations with Tai-
wan.
Subtitle C—Enhancing Deterrence Over Taiwan
Sec. 6031. Sense of Congress on peace and stability in the Taiwan Strait.
Sec. 6032. Strategy to enhance deterrence over a cross-Strait conflict.
Sec. 6033. Strengthening Taiwan’s civilian defense professionals.
TITLE LXI—LIBYA STABILIZATION ACT
Sec. 6101. Short title.
Sec. 6102. Statement of policy.
Subtitle A—Identifying Challenges to Stability in Libya
Sec. 6111. Report on activities of certain foreign governments and actors in
Libya.
Sec. 6112. Report of Russian activities and objectives in Libya.
Sec. 6113. Determination of sanctionable activities of the Libyan National
Army with respect to Syria.
Subtitle B—Actions to Address Foreign Intervention in Libya
Sec. 6121. Sanctions with respect to foreign persons leading, directing, or sup-
porting certain foreign government involvement in Libya.
Sec. 6122. Sanctions with respect to foreign persons threatening the peace or
stability of Libya.
Sec. 6123. Sanctions with respect to foreign persons who are responsible for or
complicit in gross violations of internationally recognized
human rights committed in Libya.
Sec. 6124. Sanctions described.
Sec. 6125. Waiver.
Sec. 6126. Implementation and regulatory authority.
Sec. 6127. Exception relating to importation of goods.
Sec. 6128. Definitions.
Sec. 6129. Suspension of sanctions.
Sec. 6130. Sunset.
Subtitle C—Assistance for Libya
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Sec. 6131. Humanitarian relief for the people of Libya and international refu-
gees and migrants in Libya.
Sec. 6132. Support for democratic governance, elections, and civil society.
Sec. 6133. Engaging international financial institutions to advance Libyan eco-
nomic recovery and improve public sector financial manage-
ment.
Sec. 6134. Recovering assets stolen from the Libyan people.
Sec. 6135. Authority to expand educational and cultural exchange programs
with Libya.
TITLE LXII—DISTRICT OF COLUMBIA NATIONAL GUARD HOME
RULE
Sec. 6251. Short title.
Sec. 6252. Extension of National Guard authorities to Mayor of the District of
Columbia.
Sec. 6253. Conforming amendments to title 10, United States Code.
Sec. 6254. Conforming amendments to title 32, United States Code.
Sec. 6255. Conforming amendment to the District of Columbia Home Rule Act.
TITLE LXIII—PREVENTING FUTURE PANDEMICS
Sec. 6301. Definitions.
Sec. 6302. Country-driven approach to end the commercial trade in live wildlife
and associated wildlife markets.
Sec. 6303. Sense of Congress.
Sec. 6304. Statement of policy.
Sec. 6305. Prevention of future zoonotic spillover event.
Sec. 6306. Law enforcement attache deployment.
Sec. 6307. Reservation of rights.
TITLE LXIV—PROHIBITION OF ARMS SALES TO COUNTRIES COM-
MITTING GENOCIDE OR WAR CRIMES AND RELATED MATTERS
Sec. 6401. Prohibition of arms sales to countries committing genocide or war
crimes.
Sec. 6402. Consideration of human rights and democratization in arms exports.
Sec. 6403. Enhancement of congressional oversight of human rights in arms
exports.
Sec. 6404. End use monitoring of misuse of arms in human rights abuses.
Sec. 6405. Definitions.
TITLE LXV—BURMA ACT OF 2022
Sec. 6501. Short title.
Sec. 6502. Definitions.
Subtitle A—Matters Relating to the Conflict in Burma
Sec. 6511. Findings.
Sec. 6512. Statement of policy.
Subtitle B—Sanctions and Policy Coordination With Respect to Burma
Sec. 6521. Definitions.
Sec. 6522. Imposition of sanctions with respect to human rights abuses and
perpetration of a coup in Burma.
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Sec. 6523. Certification requirement for removal of certain persons from the
list of specially designated nationals and blocked persons.
Sec. 6524. Sanctions and policy coordination for Burma.
Sec. 6525. Support for greater United Nations action with respect to Burma.
Sec. 6526. Sunset.
Subtitle C—Humanitarian Assistance and Civil Society Support With Respect
to Burma
Sec. 6531. Support to civil society and independent media.
Sec. 6532. Humanitarian assistance and reconciliation.
Sec. 6533. Authorization of assistance for Burma political prisoners.
Subtitle D—Accountability for Human Rights Abuses
Sec. 6541. Report on accountability for war crimes, crimes against humanity,
and genocide in Burma.
Sec. 6542. Authorization to provide technical assistance for efforts against
human rights abuses.
Subtitle E—Sanctions Exception Relating to Importation of Goods
Sec. 6551. Sanctions exception relating to importation of goods.
TITLE LXVI—PROMOTING AND ADVANCING COMMUNITIES OF
COLOR THROUGH INCLUSIVE LENDING ACT
Sec. 6601. Short title.
Subtitle A—Promoting and Advancing Communities of Color Through
Inclusive Lending
Sec. 6611. Strengthening diverse and mission-driven community financial insti-
tutions.
Sec. 6612. Capital investments, grants, and technology support for MDIs and
CDFIs.
Sec. 6613. Supporting Young Entrepreneurs Program.
Sec. 6614. Map of minority depository institutions and community development
financial institutions.
Sec. 6615. Report on certified community development financial institutions.
Sec. 6616. Consultation and minimization of data requests.
Sec. 6617. Access to the discount window of the Federal Reserve System for
MDIs and CDFIs.
Sec. 6618. Study on securitization by CDFIs.
Subtitle B—Promoting New and Diverse Depository Institutions
Sec. 6621. Study and strategic plan.
Subtitle C—Ensuring Diversity in Community Banking
Sec. 6631. Short title.
Sec. 6632. Sense of Congress on funding the loan-loss reserve fund for small
dollar loans.
Sec. 6633. Definitions.
Sec. 6634. Inclusion of women’s banks in the definition of minority depository
institution.
Sec. 6635. Establishment of impact bank designation.
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Sec. 6636. Minority Depositories Advisory Committees.
Sec. 6637. Federal deposits in minority depository institutions.
Sec. 6638. Minority Bank Deposit Program.
Sec. 6639. Diversity report and best practices.
Sec. 6640. Investments in minority depository institutions and impact banks.
Sec. 6641. Report on covered mentor-protege programs.
Sec. 6642. Custodial deposit program for covered minority depository institu-
tions and impact banks.
Sec. 6643. Streamlined community development financial institution applica-
tions and reporting.
Sec. 6644. Task force on lending to small business concerns.
Sec. 6645. Discretionary surplus fund.
Subtitle D—Expanding Opportunity for Minority Depository Institutions
Sec. 6651. Establishment of Financial Agent Mentor-Protégé Program.
Subtitle E—CDFI Bond Guarantee Program Improvement
Sec. 6661. Sense of Congress.
Sec. 6662. Guarantees for bonds and notes issued for community or economic
development purposes.
Sec. 6663. Report on the CDFI bond guarantee program.
TITLE LXVII—HOMELAND SECURITY PROVISIONS
Subtitle A—Strengthening Security of Our Communities
Sec. 6701. Nonprofit security grant program improvement.
Sec. 6702. National Computer Forensics Institute reauthorization.
Sec. 6703. Homeland security capabilities preservation.
Sec. 6704. School and daycare protection.
Sec. 6705. Reporting efficiently to proper officials in response to terrorism.
Sec. 6706. Cybersecurity grants for schools.
Subtitle B—Enhancing DHS Acquisitions and Supply Chain
Sec. 6721. Homeland procurement reform.
Sec. 6722. DHS software supply chain risk management.
Sec. 6723. Department of Homeland Security mentor-protégé program.
Sec. 6724. DHS Trade and Economic Security Council.
Sec. 6725. DHS acquisition reform.
Sec. 6726. DHS Acquisition Review Board.
Sec. 6727. DHS contract reporting.
Sec. 6728. Unmanned aerial security.
Subtitle C—Enhancing DHS Operations
Sec. 6731. Quadrennial homeland security review technical corrections.
Sec. 6732. Bombing prevention.
Sec. 6733. DHS basic training accreditation improvement.
Sec. 6734. Department of Homeland Security Inspector General transparency.
Sec. 6735. President’s cup cybersecurity competition.
Sec. 6736. Industrial control systems cybersecurity training.
Sec. 6737. TSA reaching across nationalities, societies, and languages to ad-
vance traveler education.
Sec. 6738. Best practices related to certain information collected by rental com-
panies and dealers (Darren Drake).
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Sec. 6739. One-stop pilot program.
Sec. 6740. DHS illicit cross-border tunnel defense.
Sec. 6741. Prevent exposure to narcotics and toxics.
Subtitle D—Technical, Conforming, and Clerical Amendments
Sec. 6751. Technical, conforming, and clerical amendments.
TITLE LXVIII—FEDERAL EMERGENCY MANAGEMENT
ADVANCEMENT OF EQUITY
Sec. 6801. Definitions.
Subtitle A—Ensuring Equity in Federal Disaster Management
Sec. 6811. Data collection, analysis, and criteria.
Sec. 6812. Criteria for ensuring equity in policies and programs.
Sec. 6813. Metrics; report.
Subtitle B—Operational Enhancement to Improve Equity in Federal Disaster
Management
Sec. 6821. Equity advisor.
Sec. 6822. Equity Enterprise Steering Group.
Sec. 6823. GAO review of equity reforms.
Subtitle C—GAO Review of Factors to Determine Assistance
Sec. 6831. GAO review of factors to determine assistance.
TITLE LXIX—GLOBAL HEALTH SECURITY ACT OF 2022
Sec. 6901. Short title.
Sec. 6902. Findings.
Sec. 6903. Statement of policy.
Sec. 6904. Global Health Security Agenda Interagency Review Council.
Sec. 6905. United States Coordinator for Global Health Security.
Sec. 6906. Sense of Congress.
Sec. 6907. Strategy and reports.
Sec. 6908. Establishment of fund for global health security and pandemic pre-
paredness.
Sec. 6909. Fund authorities.
Sec. 6910. Fund administration.
Sec. 6911. Fund Advisory Board.
Sec. 6912. Reports to Congress on the Fund.
Sec. 6913. United States contributions.
Sec. 6914. Compliance with the Foreign Aid Transparency and Accountability
Act of 2016.
Sec. 6915. Definitions.
Sec. 6916. Sunset.
TITLE LXX—PROTECTION OF SAUDI DISSIDENTS
Sec. 7001. Restrictions on transfers of defense articles and services, design and
construction services, and major defense equipment to Saudi
Arabia.
Sec. 7002. Report on consistent pattern of acts of intimidation or harassment
directed against individuals in the United States.
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Sec. 7003. Report and certification with respect to Saudi diplomats and diplo-
matic facilities in the United States.
Sec. 7004. Report on the duty to warn obligation of the Government of the
United States.
TITLE LXXI—COLORADO AND GRAND CANYON PUBLIC LANDS
Sec. 7101. Definition of State.
Subtitle A—Continental Divide
Sec. 7111. Definitions.
Sec. 7112. Colorado Wilderness additions.
Sec. 7113. Williams Fork Mountains potential wilderness.
Sec. 7114. Tenmile Recreation Management Area.
Sec. 7115. Porcupine Gulch Wildlife Conservation Area.
Sec. 7116. Williams Fork Mountains Wildlife Conservation Area.
Sec. 7117. Spraddle Creek Wildlife Conservation Area.
Sec. 7118. Camp Hale National Historic Landscape.
Sec. 7119. White River National Forest boundary modification.
Sec. 7120. Rocky Mountain National Park potential wilderness boundary ad-
justment.
Sec. 7121. Administrative provisions.
Subtitle B—San Juan Mountains
Sec. 7131. Definitions.
Sec. 7132. Additions to National Wilderness Preservation System.
Sec. 7133. Special management areas.
Sec. 7134. Release of wilderness study areas.
Sec. 7135. Administrative provisions.
Subtitle C—Thompson Divide
Sec. 7141. Purposes.
Sec. 7142. Definitions.
Sec. 7143. Thompson Divide Withdrawal and Protection Area.
Sec. 7144. Thompson Divide lease credits.
Sec. 7145. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 7146. Effect.
Subtitle D—Curecanti National Recreation Area
Sec. 7151. Definitions.
Sec. 7152. Curecanti National Recreation Area.
Sec. 7153. Acquisition of land; boundary management.
Sec. 7154. General management plan.
Sec. 7155. Boundary survey.
Subtitle E—Grand Canyon Protection
Sec. 7161. Withdrawal of Certain Federal land in the State of Arizona.
DIVISION G—DON YOUNG COAST GUARD AUTHORIZATION ACT OF
2022
Sec. 1. Short title; table of contents.
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TITLE I—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional cutters.
TITLE II—COAST GUARD
Subtitle A—Military Personnel Matters
Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on active duty.
Sec. 203. Number and distribution of officers on active duty promotion list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic minori-
ties among Coast Guard active-duty members.
Subtitle B—Operational Matters
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness through
condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and response.
Sec. 212. Study on laydown of Coast Guard cutters.
Subtitle C—Other Matters
Sec. 213. Responses of Commandant of the Coast Guard to safety rec-
ommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
TITLE III—MARITIME
Subtitle A—Shipping
Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
Subtitle B—Vessel Safety
Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers vessels.
Sec. 307. Automatic identification system requirements.
Subtitle C—Shipbuilding Program
Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
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TITLE IV—FEDERAL MARITIME COMMISSION
Sec. 401. Terms and vacancies.
TITLE V—MISCELLANEOUS
Subtitle A—Navigation
Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established anchorage
grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in aquaculture ac-
tivities.
Subtitle B—Other Matters
Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels, vehicles, and
structures.
TITLE VI—SEXUAL ASSAULT AND SEXUAL HARASSMENT
PREVENTION AND RESPONSE
Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension or
revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.
TITLE VII—TECHNICAL AND CONFORMING PROVISIONS
Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical amend-
ments.
Sec. 703. Reinstatement.
DIVISION H—FINANCIAL TRANSPARENCY
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Sec. 1. Short title; table of contents.
Sec. 2. Deeming.
TITLE I—DEPARTMENT OF THE TREASURY
Sec. 101. Data standards.
Sec. 102. Open data publication by the Department of the Treasury.
Sec. 103. Rulemaking.
Sec. 104. No new disclosure requirements.
Sec. 105. Report.
TITLE II—SECURITIES AND EXCHANGE COMMISSION
Sec. 201. Data standards requirements for the Securities and Exchange Com-
mission.
Sec. 202. Open data publication by the Securities and Exchange Commission.
Sec. 203. Data transparency at the Municipal Securities Rulemaking Board.
Sec. 204. Data transparency at national securities associations.
Sec. 205. Shorter-term burden reduction and disclosure simplification at the
Securities and Exchange Commission; sunset.
Sec. 206. No new disclosure requirements.
TITLE III—FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 301. Data standards requirements for the Federal Deposit Insurance Cor-
poration.
Sec. 302. Open data publication by the Federal Deposit Insurance Corporation.
Sec. 303. Rulemaking.
Sec. 304. No new disclosure requirements.
TITLE IV—OFFICE OF THE COMPTROLLER OF THE CURRENCY
Sec. 401. Data standards and open data publication requirements for the Office
of the Comptroller of the Currency.
Sec. 402. Rulemaking.
Sec. 403. No new disclosure requirements.
TITLE V—BUREAU OF CONSUMER FINANCIAL PROTECTION
Sec. 501. Data standards and open data publication requirements for the Bu-
reau of Consumer Financial Protection.
Sec. 502. Rulemaking.
Sec. 503. No new disclosure requirements.
TITLE VI—FEDERAL RESERVE SYSTEM
Sec. 601. Data standards requirements for the Board of Governors of the Fed-
eral Reserve System.
Sec. 602. Open data publication by the Board of Governors of the Federal Re-
serve System.
Sec. 603. Rulemaking.
Sec. 604. No new disclosure requirements.
TITLE VII—NATIONAL CREDIT UNION ADMINISTRATION
Sec. 701. Data standards.
Sec. 702. Open data publication by the National Credit Union Administration.
Sec. 703. Rulemaking.
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Sec. 704. No new disclosure requirements.
TITLE VIII—FEDERAL HOUSING FINANCE AGENCY
Sec. 801. Data standards requirements for the Federal Housing Finance Agen-
cy.
Sec. 802. Open data publication by the Federal Housing Finance Agency.
Sec. 803. Rulemaking.
Sec. 804. No new disclosure requirements.
TITLE IX—MISCELLANEOUS
Sec. 901. Rules of construction.
Sec. 902. Classified and protected information.
Sec. 903. Discretionary surplus fund.
DIVISION I—PUBLIC LANDS
Sec. 1. Short title; table of contents.
TITLE I—COLORADO WILDERNESS
Sec. 101. Short title; definition.
Sec. 102. Additions to National Wilderness Preservation System in the State of
Colorado.
Sec. 103. Administrative provisions.
Sec. 104. Water.
Sec. 105. Sense of Congress.
Sec. 106. Department of defense study on impacts that the expansion of wilder-
ness designations in the western united states would have on
the readiness of the armed forces of the united states with re-
spect to aviation training.
TITLE II—NORTHWEST CALIFORNIA WILDERNESS, RECREATION,
AND WORKING FORESTS
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A—Restoration and Economic Development
Sec. 211. South Fork Trinity-Mad River Restoration Area.
Sec. 212. Redwood National and State Parks restoration.
Sec. 213. California Public Lands Remediation Partnership.
Sec. 214. Trinity Lake visitor center.
Sec. 215. Del Norte County visitor center.
Sec. 216. Management plans.
Sec. 217. Study; partnerships related to overnight accommodations.
Subtitle B—Recreation
Sec. 221. Horse Mountain Special Management Area.
Sec. 222. Bigfoot National Recreation Trail.
Sec. 223. Elk Camp Ridge Recreation Trail.
Sec. 224. Trinity Lake Trail.
Sec. 225. Trails study.
Sec. 226. Construction of mountain bicycling routes.
Sec. 227. Partnerships.
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Subtitle C—Conservation
Sec. 231. Designation of wilderness.
Sec. 232. Administration of wilderness.
Sec. 233. Designation of potential wilderness.
Sec. 234. Designation of wild and scenic rivers.
Sec. 235. Sanhedrin Special Conservation Management Area.
Subtitle D—Miscellaneous
Sec. 241. Maps and legal descriptions.
Sec. 242. Updates to land and resource management plans.
Sec. 243. Pacific Gas and Electric Company Utility facilities and rights-of-way.
TITLE III—CENTRAL COAST HERITAGE PROTECTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Designation of wilderness.
Sec. 304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 305. Administration of wilderness.
Sec. 306. Designation of Wild and Scenic Rivers.
Sec. 307. Designation of the Fox Mountain Potential Wilderness.
Sec. 308. Designation of scenic areas.
Sec. 309. Condor National Scenic Trail.
Sec. 310. Forest service study.
Sec. 311. Nonmotorized recreation opportunities.
Sec. 312. Use by members of Tribes.
TITLE IV—SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS
PROTECTION
Sec. 401. Short title.
Sec. 402. Definition of State.
Subtitle A—San Gabriel National Recreation Area
Sec. 411. Purposes.
Sec. 412. Definitions.
Sec. 413. San Gabriel National Recreation Area.
Sec. 414. Management.
Sec. 415. Acquisition of non-Federal land within Recreation Area.
Sec. 416. Water rights; water resource facilities; public roads; utility facilities.
Sec. 417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 418. San Gabriel National Recreation Area Partnership.
Sec. 419. Visitor services and facilities.
Subtitle B—San Gabriel Mountains
Sec. 421. Definitions.
Sec. 422. National monument boundary modification.
Sec. 423. Designation of Wilderness Areas and Additions.
Sec. 424. Administration of Wilderness Areas and Additions.
Sec. 425. Designation of Wild and Scenic Rivers.
Sec. 426. Water rights.
TITLE V—RIM OF THE VALLEY CORRIDOR PRESERVATION
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Sec. 501. Short title.
Sec. 502. Boundary adjustment; land acquisition; administration.
TITLE VI—WILD OLYMPICS WILDERNESS AND WILD AND SCENIC
RIVERS
Sec. 601. Short title.
Sec. 602. Designation of olympic national forest wilderness areas.
Sec. 603. Wild and scenic river designations.
Sec. 604. Existing rights and withdrawal.
Sec. 605. Treaty rights.
TITLE VII—CERRO DE LA OLLA WILDERNESS ESTABLISHMENT
Sec. 701. Designation of Cerro de la Olla Wilderness.
TITLE VIII—STUDY ON FLOOD RISK MITIGATION
Sec. 801. Study on Flood Risk Mitigation.
TITLE IX—MISCELLANEOUS
Sec. 901. Promoting health and wellness for veterans and servicemembers.
Sec. 902. Fire, insects, and diseases.
Sec. 903. Military activities.
1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
2 In this Act, the term ‘‘congressional defense commit-
3 tees’’ has the meaning given that term in section
4 101(a)(16) of title 10, United States Code.
5 DIVISION A—DEPARTMENT OF
6 DEFENSE AUTHORIZATIONS
7 TITLE I—PROCUREMENT
8 Subtitle A—Authorization of
9 Appropriations
10 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
11 Funds are hereby authorized to be appropriated for
12 fiscal year 2023 for procurement for the Army, the Navy
13 and the Marine Corps, the Air Force and the Space Force,
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1 and Defense-wide activities, as specified in the funding
2 table in section 4101.
3 Subtitle B—Navy Programs
4 SEC. 111. REQUIREMENTS RELATING TO EA–18G AIRCRAFT
5 OF THE NAVY.
6 Section 8062 of title 10, United States Code, is
7 amended—
8 (1) by redesignating subsection (f) as sub-
9 section (g); and
10 (2) by inserting after subsection (e) the fol-
11 lowing new subsection:
12 ‘‘(f)(1)(A) The Secretary of the Navy may not—
13 ‘‘(i) retire an EA–18G aircraft;
14 ‘‘(ii) prepare to retire an EA–18G aircraft;
15 ‘‘(iii) place an EA–18G aircraft in active
16 storage status or inactive storage status; or
17 ‘‘(iv) keep an EA–18G aircraft in a status
18 considered excess to the requirements of the
19 possessing command and awaiting disposition
20 instructions.
21 ‘‘(B) The prohibition under subparagraph (A)
22 shall not apply to individual EA–18G aircraft that
23 the Secretary of the Navy determines, on a case-by-
24 case basis, to be no longer mission capable and un-
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1 economical to repair because of aircraft accidents or
2 mishaps.
3 ‘‘(2)(A) Beginning on October 1, 2022, the Secretary
4 of the Navy shall maintain a total aircraft inventory of
5 EA–18G aircraft of not less than 158 aircraft, of which
6 not less than 126 aircraft shall be coded as primary mis-
7 sion aircraft inventory.
8 ‘‘(B) The Secretary of the Navy may reduce the num-
9 ber of EA–18G aircraft in the inventory of the Navy below
10 the minimum number specified in subparagraph (A) if the
11 Secretary determines on a case-by-case basis, that an air-
12 craft is no longer mission capable and uneconomical to re-
13 pair because of aircraft accidents or mishaps.
14 ‘‘(C) In this paragraph, the term ‘primary mission
15 aircraft inventory’ means aircraft assigned to meet the
16 primary aircraft authorization—
17 ‘‘(i) to a unit for the performance of its war-
18 time mission;
19 ‘‘(ii) to a training unit for technical and special-
20 ized training for crew personnel or leading to air-
21 crew qualification;
22 ‘‘(iii) to a test unit for testing of the aircraft
23 or its components for purposes of research, develop-
24 ment, test, and evaluation, operational test and eval-
25 uation, or to support testing programs; or
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1 ‘‘(iv) to meet requirements for missions not oth-
2 erwise specified in clauses (i) through (iii).’’.
3 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR
4 ARLEIGH BURKE CLASS DESTROYERS.
5 (a) FINDINGS; SENSE OF CONGRESS.—
6 (1) FINDINGS.—Congress makes the following
7 findings:
8 (A) The DDG Flight III destroyer is the
9 most capable large surface combatant in the
10 world-wide inventory of the Department of De-
11 fense.
12 (B) The Department plans to retire 18
13 large surface combatants over the next five
14 years.
15 (C) Under the future-years defense plan,
16 the Department plans to procure two DDGs per
17 year over the next five years.
18 (2) SENSE OF CONGRESS.—It is the sense of
19 Congress that—
20 (A) the loss of aggregate fire power due to
21 the retirement of 18 large surface combatants
22 over the next five years is cause for concern;
23 (B) the Department should continue to
24 procure large surface combatants at the fastest
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1 possible rate based on industrial base capacity;
2 and
3 (C) the Department should maximize sav-
4 ings and provide stability to the large surface
5 combatant industrial base through the use of
6 multiyear procurement contracts for the max-
7 imum number of ships, realized at a consistent
8 number of ships per year.
9 (b) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
10 Subject to section 3501 of title 10, United States Code,
11 the Secretary of the Navy may enter into one or more
12 multiyear contracts for the procurement of up to 15
13 Arleigh Burke class Flight III guided missile destroyers.
14 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
15 Secretary of the Navy may enter into one or more con-
16 tracts, beginning in fiscal year 2023, for advance procure-
17 ment associated with the destroyers for which authoriza-
18 tion to enter into a multiyear procurement contract is pro-
19 vided under subsection (b), and for systems and sub-
20 systems associated with such destroyers in economic order
21 quantities when cost savings are achievable.
22 (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
23 MENTS.—A contract entered into under subsection (b)
24 shall provide that any obligation of the United States to
25 make a payment under the contract for a fiscal year after
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1 fiscal year 2023 is subject to the availability of appropria-
2 tions or funds for that purpose for such later fiscal year.
3 (e) LIMITATION.—The Secretary of the Navy may
4 not modify a contract entered into under subsection (b)
5 if the modification would increase the target price of the
6 destroyer by more than 10 percent above the target price
7 specified in the original contract or the destroyer under
8 subsection (b).
9 SEC. 113. AUTHORITY FOR PROCUREMENT OF ADDITIONAL
10 ARLEIGH BURKE CLASS DESTROYER.
11 (a) PROCUREMENT AUTHORITY.—The Secretary of
12 the Navy may procure one Arleigh Burke class Flight III
13 guided missile destroyer, in addition to any other procure-
14 ment of such destroyers otherwise authorized by law, to
15 be procured either—
16 (1) as an addition to the contract covering up
17 to 15 such destroyers authorized to be procured
18 under section 112 of this Act; or
19 (2) under a separate contract entered into in
20 fiscal year 2023.
21 (b) INCREMENTAL FUNDING.—With respect to a con-
22 tract for the procurement of the destroyer authorized
23 under subsection (a), the Secretary of the Navy may use
24 incremental funding to make payments under the con-
25 tract.
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1 (c) CONDITION FOR OUT-YEAR CONTRACT PAY-
2 MENTS.—A contract for the procurement of the destroyer
3 authorized under subsection (a) shall provide that any ob-
4 ligation of the United States to make a payment under
5 the contract for a fiscal year after fiscal year 2023 is sub-
6 ject to the availability of appropriations or funds for that
7 purpose for such later fiscal year.
8 SEC. 114. AUTHORITY FOR CERTAIN PROCUREMENTS FOR
9 THE SHIP-TO-SHORE CONNECTOR PROGRAM.
10 (a) CONTRACT AUTHORITY.—The Secretary of the
11 Navy may enter into one or more contracts, beginning
12 with fiscal year 2023, for the procurement of up to 25
13 Ship-to-Shore Connector class craft and associated mate-
14 rial.
15 (b) LIABILITY.—Any contract entered into under
16 subsection (a) shall provide that—
17 (1) any obligation of the United States to make
18 a payment under the contract is subject to the avail-
19 ability of appropriations for that purpose; and
20 (2) that total liability of the Federal Govern-
21 ment for termination of any contract entered into
22 shall be limited to the total amount of funding obli-
23 gated to the contract at time of termination.
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1 SEC. 115. AUTHORITY TO PROCURE AIRFRAMES AND EN-
2 GINES FOR CH–53K KING STALLION HEAVY-
3 LIFT HELICOPTERS.
4 (a) CONTRACT AUTHORITY.—During fiscal years
5 2023 and 2024, the Secretary of the Navy may enter
6 into—
7 (1) a single contract for the procurement of up
8 to 30 airframes in support of the CH–53K heavy-lift
9 helicopter program; and
10 (2) a single contract for the procurement of up
11 to 90 engines in support of such program.
12 (b) LIABILITY.—Any contract entered into under
13 subsection (a) shall provide that—
14 (1) any obligation of the United States to make
15 a payment under the contract is subject to the avail-
16 ability of appropriations for that purpose; and
17 (2) that total liability of the Federal Govern-
18 ment for termination of any contract entered into
19 shall be limited to the total amount of funding obli-
20 gated to the contract at time of termination.
21 SEC. 116. PROHIBITION ON AVAILABILITY OF FUNDS FOR
22 RETIREMENT OF HSC–85 AIRCRAFT.
23 (a) PROHIBITIONS.—None of the funds authorized to
24 be appropriated by this Act or otherwise made available
25 for fiscal year 2023 for the Navy may be obligated or ex-
26 pended—
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1 (1) to retire, prepare to retire, transfer, or
2 place in storage any Helicopter Sea Combat Squad-
3 ron 85 aircraft (referred to in this section as an
4 ‘‘HSC–85 aircraft’’); or
5 (2) to make any changes to manning levels with
6 respect to any HSC–85 aircraft squadron.
7 (b) REPORT REQUIRED.—The Secretary of the Navy,
8 in consultation with the Commander of the United States
9 Special Operations Command, shall submit to the congres-
10 sional defense committees a report that includes—
11 (1) an explanation of the operational impact of
12 divestment of HSC–85 aircraft on the training and
13 readiness of Navy special warfare units and missions
14 based in the west coast of the United States;
15 (2) the estimated costs of sustaining HSC–85
16 aircraft at full operational capability from fiscal year
17 2024 through fiscal year 2028;
18 (3) a proposed cost sharing arrangement be-
19 tween the Navy and the United States Special Oper-
20 ations Command for sustaining HSC–85 aircraft at
21 full operational capabilities from fiscal year 2024
22 through fiscal year 2028;
23 (4) identification of a replacement capability
24 that would be available if prioritized and directed by
25 the Secretary of Defense and would meet all oper-
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1 ational requirements, including special operational-
2 peculiar requirements of the combatant commands,
3 that are fulfilled by HSC–85 aircraft as of the date
4 of the report; and
5 (5) an estimate of the costs and a proposed
6 schedule for establishing the replacement capability
7 identified in paragraph (4) over the period of five
8 years following the date of the report.
9 SEC. 117. QUARTERLY BRIEFINGS ON THE CH–53K KING
10 STALLION HELICOPTER PROGRAM.
11 (a) IN GENERAL.—Not later than 30 days after the
12 date of the enactment of this Act, and on a quarterly basis
13 thereafter through the end of fiscal year 2024, the Sec-
14 retary of the Navy shall provide to the Committee on
15 Armed Services of the House of Representatives a briefing
16 on the progress of the CH–53K King Stallion helicopter
17 program.
18 (b) ELEMENTS.—Each briefing under subsection (a)
19 shall include, with respect to the CH–53K King Stallion
20 helicopter program, the following:
21 (1) An overview of the program schedule.
22 (2) A statement of the total cost of the program
23 as of the date of the briefing, including the cost of
24 development, testing, and production.
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1 (3) A comparison of the total cost of the pro-
2 gram relative to the original acquisition program
3 baseline and the most recently approved acquisition
4 program baseline as of the date of the briefing.
5 (4) An assessment of the flight testing that re-
6 mains to be conducted under the program, including
7 any testing required for validation of correction of
8 technical deficiencies.
9 (5) An update on the status of the correction
10 of technical deficiencies under the program and any
11 effects on the program schedule resulting from the
12 discovery and correction of such deficiencies.
13 (c) CONFORMING REPEAL.—Section 132 of the Na-
14 tional Defense Authorization Act for Fiscal Year 2020
15 (Public Law 116–92; 133 Stat. 1238) is repealed.
16 SEC. 118. FUNDING FOR ADDITIONAL JOINT STRIKE FIGHT-
17 ER AIRCRAFT.
18 (a) INCREASE.—Notwithstanding the amounts set
19 forth in the funding tables in division D, the amount au-
20 thorized to be appropriated in section 101 for aircraft pro-
21 curement, Navy, as specified in the corresponding funding
22 table in section 4101, for Joint Strike Fighter CV, line
23 002, is hereby increased by $354,000,000 (with the
24 amount of such increase to used for the procurement of
25 three additional Joint Strike Fighter aircraft).
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1 (b) OFFSETS.—
2 (1) Notwithstanding the amounts set forth in
3 the funding tables in division D, the amount author-
4 ized to be appropriated in section 301 for operation
5 and maintenance, Army, as specified in the cor-
6 responding funding table in section 4301, for oper-
7 ating forces, maneuver units, line 010, is hereby re-
8 duced by $50,000,000.
9 (2) Notwithstanding the amounts set forth in
10 the funding tables in division D, the amount author-
11 ized to be appropriated in section 301 for operation
12 and maintenance, Army, as specified in the cor-
13 responding funding table in section 4301, for oper-
14 ating forces, aviation assets, line 060, is hereby re-
15 duced by $100,000,000.
16 (3) Notwithstanding the amounts set forth in
17 the funding tables in division D, the amount author-
18 ized to be appropriated in section 301 for operation
19 and maintenance, Army, as specified in the cor-
20 responding funding table in section 4301, for train-
21 ing and recruiting, training support, line 340, is
22 hereby reduced by $16,000,000.
23 (4) Notwithstanding the amounts set forth in
24 the funding tables in division D, the amount author-
25 ized to be appropriated in section 301 for operation
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1 and maintenance, Army, as specified in the cor-
2 responding funding table in section 4301, for admin-
3 istration and service-wide activities, other personnel
4 support, line 480, is hereby reduced by $23,000,000.
5 (5) Notwithstanding the amounts set forth in
6 the funding tables in division D, the amount author-
7 ized to be appropriated in section 301 for operation
8 and maintenance, Navy, as specified in the cor-
9 responding funding table in section 4301, for oper-
10 ating forces, weapons maintenance, line 250, is here-
11 by reduced by $62,500,000.
12 (6) Notwithstanding the amounts set forth in
13 the funding tables in division D, the amount author-
14 ized to be appropriated in section 301 for operation
15 and maintenance, Navy, as specified in the cor-
16 responding funding table in section 4301, for admin-
17 istration and service-wide activities, military man-
18 power and personnel management, line 470, is here-
19 by reduced by $30,000,000.
20 (7) Notwithstanding the amounts set forth in
21 the funding tables in division D, the amount author-
22 ized to be appropriated in section 301 for operation
23 and maintenance, Marine Corps, as specified in the
24 corresponding funding table in section 4301, for op-
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1 erating forces, operational forces, line 010, is hereby
2 reduced by $16,500,000.
3 (8) Notwithstanding the amounts set forth in
4 the funding tables in division D, the amount author-
5 ized to be appropriated in section 301 for operation
6 and maintenance, Air Force, as specified in the cor-
7 responding funding table in section 4301, for oper-
8 ating forces, base support, line 090, is hereby re-
9 duced by $56,000,000.
10 SEC. 119. REPORT ON ADVANCE PROCUREMENT FOR CVN–
11 82 AND CVN–83.
12 (a) REPORT.—Not later than February 1, 2023, the
13 Secretary of the Navy shall submit to the congressional
14 defense committees a report on the plan of the Navy for
15 advance procurement for the aircraft carriers designated
16 CVN–82 and CVN–83.
17 (b) ELEMENTS.—The report required by subsection
18 (a) shall include an assessment of—
19 (1) the value, cost, and feasibility of a two-year
20 advance procurement for a single aircraft carrier ac-
21 quisition strategy;
22 (2) the value, cost, and feasibility of a three-
23 year advance procurement for a single aircraft car-
24 rier acquisition strategy;
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1 (3) the value, cost, and feasibility of a two-year
2 advance procurement for a two aircraft carrier ac-
3 quisition strategy;
4 (4) the value, cost, and feasibility of a three-
5 year advance procurement for a two aircraft carrier
6 acquisition strategy; and
7 (5) the effect of a multiple carrier acquisition
8 plan on force development and fleet capability.
9 SEC. 119A. REPORT ON APPLICABILITY OF DDG(X) ELEC-
10 TRIC-DRIVE PROPULSION SYSTEM.
11 Not later than 30 days after the date of the enact-
12 ment of this Act, the Secretary of the Navy shall submit
13 to the congressional defense committees a report that in-
14 cludes an analysis of—
15 (1) the power and propulsion requirements for
16 the DDG(X) destroyer;
17 (2) how such requirements compare to the
18 power and propulsion requirements for the DDG–
19 1000 Zumwalt class destroyer and the DDG–51
20 Arleigh Burke class destroyer, respectively;
21 (3) the ability of the Navy to leverage existing
22 investments in the electric-drive propulsion system
23 developed for the DDG(X) destroyer to reduce cost
24 and risk; and
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1 (4) the ability to design and manufacture com-
2 ponents for such system in the United States.
3 SEC. 119B. PROHIBITION ON AVAILABILITY OF FUNDS FOR
4 DISPOSAL OF LITTORAL COMBAT SHIPS.
5 (a) PROHIBITION.—None of the funds authorized to
6 appropriated by this Act or otherwise made available for
7 fiscal year 2023 for the Navy may be obligated or ex-
8 pended to dispose of or dismantle a Littoral Combat Ship.
9 (b) EXCEPTION.—The prohibition under subsection
10 (a) shall not apply to the transfer of a Littoral Combat
11 Ship to the military forces of a nation that is an ally or
12 partner of the United States.
13 Subtitle C—Air Force Programs
14 SEC. 121. MODIFICATION OF INVENTORY REQUIREMENTS
15 FOR AIRCRAFT OF THE COMBAT AIR FORCES.
16 (a) TOTAL FIGHTER AIRCRAFT INVENTORY RE-
17 QUIREMENTS.—Section 9062(i)(1) of title 10, United
18 States Code, is amended by striking ‘‘1,970’’ and inserting
19 ‘‘1,800’’.
20 (b) A–10 MINIMUM INVENTORY REQUIREMENTS.—
21 (1) Section 134(d) of the National Defense Au-
22 thorization Act for Fiscal Year 2017 (Public Law
23 114–328; 130 Stat. 2038) is amended by striking
24 ‘‘171’’ and inserting ‘‘153’’.
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1 (2) Section 142(b)(2) of the National Defense
2 Authorization Act for Fiscal Year 2016 (Public Law
3 114–92; 129 Stat. 755 ) is amended by striking
4 ‘‘171’’ and inserting ‘‘153’’.
5 (c) MODIFICATION OF LIMITATION ON AVAILABILITY
6 OF FUNDS FOR DESTRUCTION OF A–10 AIRCRAFT IN
7 STORAGE STATUS.—Section 135(a) of the National De-
8 fense Authorization Act for Fiscal Year 2017 (Public Law
9 114–328; 130 Stat. 2039) is amended by striking ‘‘the
10 report required under section 134(e)(2)’’ and inserting ‘‘a
11 report that includes the information described in section
12 134(e)(2)(C)’’.
13 SEC. 122. MODIFICATION OF MINIMUM INVENTORY RE-
14 QUIREMENT FOR AIR REFUELING TANKER
15 AIRCRAFT.
16 (a) MINIMUM INVENTORY REQUIREMENT.—
17 (1) IN GENERAL.—Section 9062(j) of title 10,
18 United States Code, is amended—
19 (A) by striking ‘‘effective October 1,
20 2019,’’; and
21 (B) by striking ‘‘479’’ each place it ap-
22 pears and inserting ‘‘466’’.
23 (2) EFFECTIVE DATE.—The amendments made
24 by paragraph (1) shall take effect on October 1,
25 2022.
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1 (b) PROHIBITION ON REDUCTION OF KC–135 AIR-
2 CRAFT IN PMAI OF THE RESERVE COMPONENTS.—
3 (1) IN GENERAL.—None of the funds author-
4 ized to be appropriated by this Act or otherwise
5 made available for fiscal year 2023 for the Air Force
6 may be obligated or expended to reduce the number
7 of KC–135 aircraft designated as primary mission
8 aircraft inventory within the reserve components of
9 the Air Force.
10 (2) PRIMARY MISSION AIRCRAFT INVENTORY
11 DEFINED.—In this subsection, the term ‘‘primary
12 mission aircraft inventory’’ has the meaning given
13 that term in section 9062(i)(2)(B) of title 10,
14 United States Code.
15 SEC. 123. REQUIREMENTS RELATING TO F–22 AIRCRAFT.
16 Section 9062 of title 10, United States Code, is
17 amended by adding at the end the following new sub-
18 section:
19 ‘‘(k)(1)(A) The Secretary of the Air Force may not—
20 ‘‘(i) retire an F–22 aircraft;
21 ‘‘(ii) prepare to retire an F–22 aircraft; or
22 ‘‘(iii) keep an F–22 aircraft in a status
23 considered excess to the requirements of the
24 possessing command and awaiting disposition
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1 instructions (commonly referred to as ‘XJ’ sta-
2 tus).
3 ‘‘(B) The prohibition under subparagraph (A)
4 shall not apply to individual F–22 aircraft that the
5 Secretary of the Air Force determines, on a case-by-
6 case basis, to be no longer mission capable and un-
7 economical to repair because of aircraft accidents or
8 mishaps.
9 ‘‘(2)(A) Beginning on October 1, 2022, the Secretary
10 of the Air Force shall maintain a total aircraft inventory
11 of F–22 aircraft of not less than 186 aircraft.
12 ‘‘(B) The Secretary of the Air Force may reduce the
13 number of F–22 aircraft in the inventory of the Air Force
14 below the minimum number specified in subparagraph (A)
15 if the Secretary determines on a case-by-case basis, that
16 an aircraft is no longer mission capable and uneconomical
17 to repair because of aircraft accidents or mishaps.
18 ‘‘(3) Not later than October 1, 2029, the Secretary
19 of the Air Force shall ensure that all F–22 aircraft of the
20 Air Force are equipped with—
21 ‘‘(A) Block 30/35 mission systems, sensors, and
22 weapon employment capabilities; or
23 ‘‘(B) mission systems, sensors, and weapon em-
24 ployment capabilities more advanced than those de-
25 scribed in subparagraph (A).’’.
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1 SEC. 124. MODIFICATION OF INVENTORY REQUIREMENTS
2 AND LIMITATIONS RELATING TO CERTAIN
3 AIR REFUELING TANKER AIRCRAFT.
4 Section 137 of the National Defense Authorization
5 Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
6 1576) is amended—
7 (1) by striking subsection (b); and
8 (2) by redesignating subsections (c) and (d) as
9 subsections (b) and (c), respectively.
10 SEC. 125. REPEAL OF AIR FORCE E–8C FORCE PRESEN-
11 TATION REQUIREMENT.
12 Section 147 of the John S. McCain National Defense
13 Authorization Act for Fiscal Year 2019 (Public Law 115–
14 232; 132 Stat. 1669) is amended by striking subsection
15 (f).
16 SEC. 126. MINIMUM INVENTORY OF C–130 AIRCRAFT.
17 (a) MINIMUM INVENTORY REQUIREMENT.—
18 (1) IN GENERAL.—During the covered period,
19 the Secretary of the Air Force shall maintain a total
20 inventory of C–130 aircraft of not less than 271 air-
21 craft.
22 (2) EXCEPTION .—The Secretary of the Air
23 Force may reduce the number of C–130 aircraft in
24 the Air Force below the minimum number specified
25 in subsection (a) if the Secretary determines, on a
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1 case-by-case basis, that an aircraft is no longer mis-
2 sion capable because of a mishap or other damage.
3 (3) COVERED PERIOD DEFINED.—In this sub-
4 section, the term ‘‘covered period’’ means the pe-
5 riod—
6 (A) beginning at the close of the period de-
7 scribed in section 138(c) of the National De-
8 fense Authorization Act for Fiscal Year 2022
9 (Public Law 117–81; 135 Stat. 1577); and
10 (B) ending on October 1, 2028.
11 (b) PROHIBITION ON REDUCTION OF C–130 AIR-
12 CRAFT ASSIGNED TO NATIONAL GUARD.—
13 (1) IN GENERAL.—During fiscal year 2023, the
14 Secretary of the Air Force may not reduce the total
15 number of C–130 aircraft assigned to the National
16 Guard below the number so assigned as of the date
17 of the enactment of this Act.
18 (2) EXCEPTION.—The prohibition under para-
19 graph (1) shall not apply to an individual C–130 air-
20 craft that the Secretary of the Air Force determines,
21 on a case-by-case basis, to be no longer mission ca-
22 pable because of a mishap or other damage.
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1 SEC. 127. AUTHORITY TO PROCURE UPGRADED EJECTION
2 SEATS FOR CERTAIN T–38A AIRCRAFT.
3 The Secretary of the Air Force is authorized to pro-
4 cure upgraded ejection seats for—
5 (1) all T–38A aircraft of the Air Force Global
6 Strike Command that have not received an upgraded
7 ejection seat under the T–38 Ejection Seat Upgrade
8 Program; and
9 (2) all T–38A aircraft of the Air Combat Com-
10 mand that have not received an upgraded ejection
11 seat as part of such Program.
12 SEC. 128. PROHIBITION ON AVAILABILITY OF FUNDS FOR
13 RETIREMENT OF C–40 AIRCRAFT.
14 (a) PROHIBITION.—None of the funds authorized to
15 be appropriated by this Act or otherwise made available
16 for fiscal year 2023 for the Air Force may be obligated
17 or expended to retire, prepare to retire, or place in storage
18 or on backup aircraft inventory status any C–40 aircraft.
19 (b) EXCEPTION.—
20 (1) IN GENERAL.—The limitation under sub-
21 section (a) shall not apply to an individual C–40 air-
22 craft that the Secretary of the Air Force determines,
23 on a case-by-case basis, to be no longer mission ca-
24 pable because of a Class A mishap.
25 (2) CERTIFICATION REQUIRED.—If the Sec-
26 retary determines under paragraph (1) that an air-
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1 craft is no longer mission capable, the Secretary
2 shall submit to the congressional defense committees
3 a certification that the status of such aircraft is due
4 to a Class A mishap and not due to lack of mainte-
5 nance or repairs or other reasons.
6 SEC. 129. PROHIBITION ON AVAILABILITY OF FUNDS FOR
7 PROCUREMENT OF BRIDGE TANKER AIR-
8 CRAFT.
9 None of the funds authorized to be appropriated by
10 this Act or otherwise made available for fiscal year 2023
11 for the Air Force may be obligated or expended to enter
12 into a contract for the procurement of the bridge tanker
13 aircraft (as defined in section 136(b) of the National De-
14 fense Authorization Act for Fiscal Year 2022 (Public Law
15 117–81)) unless such contract is awarded using full and
16 open competition. Notwithstanding the preceding sen-
17 tence, the Secretary of the Air Force may enter into a
18 contract for the procurement of the bridge tanker aircraft
19 using procedures other than full and open competition if
20 the Secretary complies with the requirements of section
21 3204 of title 10, United States Code, with respect to the
22 award of such contract and provides to the Committee on
23 Armed Services of the House of Representatives a briefing
24 that explains the reasons such contract cannot be awarded
25 using full and open competition.
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1 SEC. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR
2 TERMINATION OF PRODUCTION LINES FOR
3 HH–60W AIRCRAFT.
4 None of the funds authorized to be appropriated by
5 this Act or otherwise made available for fiscal year 2023
6 for the Air Force may be obligated or expended to termi-
7 nate the operations of, or to prepare to terminate the oper-
8 ations of, a production line for HH–60W Combat Rescue
9 Helicopters.
10 SEC. 131. PROHIBITION ON CERTAIN REDUCTIONS TO B–1
11 BOMBER AIRCRAFT SQUADRONS.
12 (a) PROHIBITION.—During the covered period, the
13 Secretary of the Air Force may not—
14 (1) modify the designed operational capability
15 statement for any B–1 bomber aircraft squadron, as
16 in effect on the date of the enactment of this Act,
17 in a manner that would reduce the capabilities of
18 such a squadron below the levels specified in such
19 statement as in effect on such date; or
20 (2) reduce, below the levels in effect on such
21 date of enactment, the number of personnel assigned
22 to units responsible for the operation and mainte-
23 nance of B–1 aircraft if such reduction would affect
24 the ability of such units to meet the capability de-
25 scribed in paragraph (1).
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1 (b) EXCEPTION.—The prohibition under subsection
2 (a) shall not apply to a bomb wing for which the Secretary
3 of the Air Force has commenced the process of replacing
4 B–1 bomber aircraft with B–21 bomber aircraft.
5 (c) DEFINITIONS.—In this section:
6 (1) The term ‘‘covered period’’ means the pe-
7 riod beginning on the date of the enactment of this
8 Act and ending on September 30, 2026.
9 (2) The term ‘‘designed operational capability
10 statement’’ has the meaning given that term in Air
11 Force Instruction 10–201.
12 (d) CONFORMING REPEAL.—Section 133 of the Na-
13 tional Defense Authorization Act for Fiscal Year 2022
14 (Public Law 117–81; 135 Stat. 1574) is repealed.
15 SEC. 132. LIMITATION ON RETIREMENT OF E–3 AIRBORNE
16 WARNING AND CONTROL SYSTEM AIRCRAFT.
17 (a) LIMITATION.—
18 (1) IN GENERAL.—Secretary of the Air Force
19 may not retire or prepare to retire more than a total
20 of 13 E–3 Airborne Warning and Control System
21 aircraft.
22 (2) RETIREMENT CONDITIONS.—Of the aircraft
23 authorized to be retired under paragraph (1)—
24 (A) up to eight aircraft may be retired at
25 any time during the period beginning on the
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1 date of the enactment of this Act and ending on
2 October 1, 2023; and
3 (B) up to five aircraft may be retired only
4 after the Secretary of the Air Force enters into
5 a contract for the procurement of an E–7 air-
6 craft.
7 (b) DESIGNATION AS PTAI.—The Secretary of the
8 Air Force shall designate two E–3 aircraft as Primary
9 Training Aircraft Inventory.
10 (c) REPORT REQUIRED.—
11 (1) IN GENERAL.—The Secretary of the Air
12 Force shall submit to the congressional defense com-
13 mittees a report on the airborne warning and control
14 capabilities and capacity of the Air Force.
15 (2) ELEMENTS.—The report under subsection
16 (a) shall include the following:
17 (A) An assessment of—
18 (i) the airborne warning and control
19 capabilities and capacity of the Air Force
20 as of the date of the report; and
21 (ii) the airborne warning and control
22 capabilities and capacity needed to meet
23 the future requirements of the Air Force.
24 (B) Identification of—
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1 (i) air moving target indicator and
2 battle management and command and con-
3 trol requirements as of the date of the re-
4 port;
5 (ii) the number of such requirements
6 being fulfilled by the current fleet of 31 E–
7 3 aircraft or other capabilities; and
8 (iii) the number of such requirements
9 that would be fulfilled by a reduced fleet of
10 16 E–3 aircraft.
11 (C) An assessment of whether and to what
12 extent a reduced fleet of 16 E–3 aircraft would
13 affect the level of support provided to the oper-
14 ations of the geographic combatant commands.
15 (D) A comparison of the capabilities of the
16 E–3 aircraft with the capabilities of the E–7
17 aircraft that is proposed as a replacement for
18 the E–3 aircraft.
19 (E) A comparison of the capacity required
20 to satisfy both current and future air moving
21 target indicator and battle management and
22 command and control requirements.
23 (F) An acquisition strategy for the E–7
24 aircraft proposed as a replacement for the E–
25 3 aircraft that is—
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1 (i) approved by the Secretary of the
2 Air Force; and
3 (ii) includes cost and schedule data,
4 plans for training and fielding, and an as-
5 sessment of possible courses of action to
6 accelerate the proposed acquisition.
7 SEC. 133. REQUIREMENTS STUDY AND ACQUISITION STRAT-
8 EGY FOR THE COMBAT SEARCH AND RESCUE
9 MISSION OF THE AIR FORCE.
10 (a) REQUIREMENTS STUDY.—
11 (1) IN GENERAL.—The Secretary of the Air
12 Force shall conduct a study to determine the re-
13 quirements for the combat search and rescue mis-
14 sion of the Air Force in support of the objectives of
15 the National Defense Strategy.
16 (2) ELEMENTS.—The study under paragraph
17 (1) shall include the following:
18 (A) Identification of anticipated combat
19 search and rescue mission requirements nec-
20 essary to meet the objectives of the most recent
21 National Defense Strategy, including—
22 (i) requirements for short-term, mid-
23 term, and long-term contingency and
24 steady-state operations against adversaries;
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1 (ii) requirements under the Agile
2 Combat Employment operational scheme of
3 the Air Force;
4 (iii) requirements relating to regions
5 and specific geographic areas that are ex-
6 pected to have a need for combat search
7 and rescue forces based on the combat-rel-
8 evant range and penetration capability of
9 United States air assets and associated
10 weapon systems; and
11 (iv) the level of operational risk asso-
12 ciated with each likely requirement and
13 scenario.
14 (B) An assessment of the rotary, tilt, and
15 fixed wing aircraft and key combat search and
16 rescue enabling capabilities that—
17 (i) are needed to meet the require-
18 ments identified under subparagraph (A);
19 and
20 (ii) have been accounted for in the
21 budget of the Air Force as of the date of
22 the study.
23 (C) Identification of any combat search
24 and rescue capability gaps, including an assess-
25 ment of—
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1 (i) whether and to what extent such
2 gaps may affect the ability of the Air
3 Force to conduct combat search and rescue
4 operations;
5 (ii) any capability gaps that may be
6 created by procuring fewer HH–60W air-
7 craft than planned under the program of
8 record, including any expected changes to
9 the plan for fielding such aircraft for ac-
10 tive, reserve, and National Guard units;
11 and
12 (iii) any capability gaps attributable
13 to unfunded requirements.
14 (D) Identification and assessment of key
15 current, emerging, and future technologies with
16 potential application to the combat search and
17 rescue mission, including electric vertical take-
18 off and landing, unmanned aerial systems,
19 armed air launched effects or similar armed ca-
20 pabilities, electric short take-off and landing, or
21 a combination of such technologies.
22 (E) An assessment of each technology
23 identified under subparagraph (D), including
24 (as applicable) an assessment of—
25 (i) technology maturity;
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1 (ii) suitability to the combat search
2 and rescue mission;
3 (iii) range;
4 (iv) speed;
5 (v) payload capability and capacity;
6 (vi) radio frequency and infrared sig-
7 natures;
8 (vii) operational conditions required
9 for the use of such technology, such as
10 runway availability;
11 (viii) survivability;
12 (ix) lethality;
13 (x) potential to support combat mis-
14 sions other than combat search and rescue;
15 and
16 (xi) estimated cost.
17 (3) SUBMITTAL TO CONGRESS.—
18 (A) IN GENERAL.—Not later than March
19 30, 2023, the Secretary of the Air Force shall
20 submit to the Committees on Armed Services of
21 the Senate and the House of Representatives a
22 report on the results of the study under para-
23 graph (1).
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1 (B) FORM.—The report required under
2 subparagraph (A) shall be submitted in unclas-
3 sified form, but may include a classified annex.
4 (b) ACQUISITION STRATEGY.—
5 (1) IN GENERAL.—Based on the results of the
6 study conducted under subsection (a), the Secretary
7 of the Air Force shall develop a strategy for the ac-
8 quisition of capabilities to meet the requirements
9 identified under such study.
10 (2) ELEMENTS.—The acquisition strategy
11 under paragraph (1) shall include—
12 (A) A prioritized list of the capabilities
13 needed to meet the requirements identified
14 under subsection (a).
15 (B) The estimated costs of such capabili-
16 ties, including—
17 (i) any amounts already budgeted for
18 such capabilities as of the date of the
19 strategy, including amounts already budg-
20 eted for emerging and future technologies;
21 and
22 (ii) any amounts not already budgeted
23 for such capabilities as of such date.
24 (C) An estimate of the date by which the
25 capability is expected to become operational.
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1 (D) A description of any requirements
2 identified under subsection (a) that the Sec-
3 retary of the Air Force does not expect to meet
4 as part of the acquisition strategy and an expla-
5 nation of the reasons such requirements cannot
6 be met.
7 (3) SUBMITTAL TO CONGRESS.—
8 (A) IN GENERAL.—Not later than June 1,
9 2023, the Secretary of the Air Force shall sub-
10 mit to the Committees on Armed Services of
11 the Senate and the House of Representatives a
12 report on the acquisition strategy developed
13 under paragraph (1).
14 (B) FORM.—The report required under
15 subparagraph (A) shall be submitted in unclas-
16 sified form, but may include a classified annex.
17 SEC. 134. PLAN FOR TRANSFER OF KC–135 AIRCRAFT TO
18 THE AIR NATIONAL GUARD.
19 (a) PLAN REQUIRED.—The Secretary of the Air
20 Force shall develop a plan to transfer covered KC–135 air-
21 craft to air refueling wings of the Air National Guard that
22 are classic associations with active duty units of the Air
23 Force.
24 (b) BRIEFING.—Not later than 120 days after the
25 date of the enactment of this Act, the Secretary of the
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1 Air Force shall provide to the Committees on Armed Serv-
2 ices of the Senate and the House of Representatives a
3 briefing on plan developed under subsection (a). The brief-
4 ing shall include an explanation of the effects the plan is
5 expected to have on the aerial refueling capability of the
6 Department of Defense.
7 (c) DEFINITIONS.—In this section:
8 (1) The term ‘‘covered KC–135 aircraft’’ means
9 a KC–135 aircraft that the Secretary of the Air
10 Force is in the process of replacing with a KC–46A
11 aircraft.
12 (2) The term ‘‘classic association’’ means a
13 structure under which a regular Air Force unit re-
14 tains principal responsibility for an aircraft and
15 shares the aircraft with one or more reserve compo-
16 nent units.
17 SEC. 135. ANNUAL REPORT ON T–7A ADVANCED PILOT
18 TRAINING SYSTEM.
19 (a) ANNUAL REPORT.—Not later than March 1,
20 2023, and annually thereafter for 5 years, the Assistant
21 Secretary of the Air Force for Acquisition, Technology,
22 and Logistics shall submit to the Committees on Armed
23 Services of the Senate and the House of Representatives
24 a report on the acquisition efforts of the Department of
25 Defense with respect to the T–7A Advanced Pilot Train-
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1 ing System (including any associated aircraft and ground
2 training systems).
3 (b) ELEMENTS.—Each report under subsection (a)
4 shall include the following:
5 (1) An overview of the Assistant Secretary’s ac-
6 quisition strategy for the T–7 Advanced Pilot Train-
7 ing System, including the current status of the ac-
8 quisition strategy as of the date of the report.
9 (2) The cost and schedule estimates for the pro-
10 gram.
11 (3) In the case of the initial report under this
12 section, the key performance parameters or the
13 equivalent requirements for the program. In the case
14 of subsequent reports, any key performance param-
15 eters or the equivalent requirements for the program
16 that have changed since the submission of the pre-
17 vious report under this section.
18 (4) The test and evaluation strategy and execu-
19 tion date of the testing program, including any re-
20 sults, and a summary of testing points closed per-
21 taining to the testing program.
22 (5) The logistics and sustainment strategy of
23 the program, and the planning, execution, and im-
24 plementation that has occurred related to that strat-
25 egy as of the date of the report.
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1 (6) An explanation of the causes related to any
2 engineering, manufacturing, development, testing,
3 production, delivery, acceptance, and fielding delays
4 incurred by the program as of the date of the report
5 and any associated impacts and subsequent efforts
6 to address such delays.
7 (7) The post-production fielding strategy for
8 the program.
9 (8) Any other matters regarding the acquisition
10 of the T–7 Advanced Pilot Training System that the
11 Assistant Secretary determines to be of critical im-
12 portance to the long-term viability of the program.
13 SEC. 136. REPORT ON F–22 AIRCRAFT FORCE LAYDOWN.
14 Not later than April 30, 2023, the Secretary of the
15 Air Force shall submit to the Committees on Armed Serv-
16 ices of the Senate and the House of Representatives a re-
17 port on—
18 (1) the proposed plan of the Air Force for the
19 movement and basing of 186 F–22 aircraft; and
20 (2) the establishment of a new F–22 formal
21 training unit, including—
22 (A) the anticipated location of such unit;
23 (B) the anticipated schedule for the estab-
24 lishment of such unit; and
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1 (C) the number of aircraft that are ex-
2 pected to be transferred to such unit.
3 SEC. 137. LIMITATION ON DIVESTMENT OF F–15 AIRCRAFT.
4 (a) LIMITATION.—Beginning on October 1, 2023,
5 Secretary of the Air Force may not divest, or prepare to
6 divest, any covered F–15 aircraft until a period of 180
7 days has elapsed following the date on which the Secretary
8 submits the report required under subsection (b).
9 (b) REPORT REQUIRED.—The Secretary of the Air
10 Force shall submit to the congressional defense commit-
11 tees a report on the following:
12 (1) Any plans of the Secretary to divest covered
13 F–15 aircraft during the period covered by the most
14 recent future-years defense program submitted to
15 Congress under section 221 of title 10, United
16 States Code, including—
17 (A) a description of each proposed divest-
18 ment by fiscal year and location;
19 (B) an explanation of the anticipated ef-
20 fects of such divestments on the missions, per-
21 sonnel, force structure, and budgeting of the
22 Air Force;
23 (C) a description of the actions the Sec-
24 retary intends to carry out—
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1 (i) to mitigate any negative effects
2 identified under subparagraph (B); and
3 (ii) to modify or replace the missions
4 and capabilities of any units and military
5 installations affected by such divestments;
6 and
7 (D) an assessment of how such divest-
8 ments may affect the ability of the Air Force to
9 maintain minimum tactical aircraft inventories.
10 (2) Any plans of the Secretary to procure cov-
11 ered F–15 aircraft.
12 (3) Any specific plans of the Secretary to devi-
13 ate from procurement of new F–15EX aircraft as
14 articulated by the validated requirements contained
15 in Air Force Requirements Decision Memorandum,
16 dated February 1, 2019, regarding F–15EX Rapid
17 Fielding Requirements Document, dated January
18 16, 2019.
19 (c) COVERED F–15 AIRCRAFT DEFINED.—In this
20 section, the term ‘‘covered F–15 aircraft’’ means the fol-
21 lowing:
22 (1) F–15C aircraft.
23 (2) F–15D aircraft.
24 (3) F–15E aircraft.
25 (4) F–15EX aircraft.
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1 SEC. 138. FUNDING FOR C–130 MODULAR AIRBORNE FIRE-
2 FIGHTING SYSTEM.
3 (a) INCREASE.—Notwithstanding the amounts set
4 forth in the funding tables in division D, the amount au-
5 thorized to be appropriated in section 101 for aircraft pro-
6 curement, Air Force, as specified in the corresponding
7 funding table in section 4101, for other aircraft, C–130,
8 line 049, is hereby increased by $60,000,000 (with the
9 amount of such increase to be used for the modular air-
10 borne firefighting system).
11 (b) OFFSET.—Notwithstanding the amounts set forth
12 in the funding tables in division D, the amount authorized
13 to be appropriated in section 301 for operation and main-
14 tenance, Defense-wide, as specified in the corresponding
15 funding table in section 4301, for administration and serv-
16 ice-wide activities, Office of the Secretary of Defense, line
17 440, is hereby reduced by $60,000,000.
18 SEC. 139. REQUIREMENT TO MAINTAIN FLEET OF MANNED
19 INTELLIGENCE, SURVEILLANCE, AND RECON-
20 NAISSANCE AIRCRAFT.
21 (a) MANNED INTELLIGENCE, SURVEILLANCE, AND
22 RECONNAISSANCE AIRCRAFT.—
23 (1) IN GENERAL.—The Secretary of the Air
24 Force, in coordination with Director of the Air Na-
25 tional Guard, shall maintain a fleet of fixed wing,
26 manned ISR/IAA aircraft to conduct operations pur-
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1 suant to the provisions of law specified in paragraph
2 (2).
3 (2) PROVISIONS SPECIFIED.—The provisions of
4 law specified in this paragraph are the following:
5 (A) Sections 124 and 284 of title 10,
6 United States Code.
7 (B) Section 112 of title 32, United States
8 Code.
9 (C) Section 1022 of the National Defense
10 Authorization Act for Fiscal Year 2004 (Public
11 Law 108–136; 10 U.S.C. 271 note).
12 (b) LIMITATION.—
13 (1) IN GENERAL.—Except as provided in para-
14 graph (2), none of the funds authorized to be appro-
15 priated by this Act or otherwise made available for
16 fiscal year 2023 for the Air Force may be obligated
17 or expended to retire, divest, realign, or placed in
18 storage or on backup aircraft inventory status, or to
19 prepare to retire, divest, realign, or place in storage
20 or on backup aircraft inventory status, any RC–26B
21 aircraft.
22 (2) EXCEPTION.—
23 (A) IN GENERAL.—The limitation in para-
24 graph (1) shall not apply to individual RC–26
25 aircraft that the Secretary of the Air Force de-
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1 termines, on a case-by-case basis, to be no
2 longer mission capable because of a Class A
3 mishap.
4 (B) CERTIFICATION REQUIRED.—If the
5 Secretary of the Air Force determines under
6 subparagraph (A) that an aircraft is no longer
7 mission capable, the Secretary shall submit to
8 the congressional defense committees a certifi-
9 cation that the status of such aircraft is due to
10 a Class A mishap and not due to lack of main-
11 tenance or repairs or other reasons.
12 (c) FUNDING FOR RC–26B MANNED INTELLIGENCE,
13 SURVEILLANCE, AND RECONNAISSANCE PLATFORM.—
14 (1) Of the amount authorized to be appro-
15 priated in section 301 for operation and mainte-
16 nance as specified in the corresponding funding in
17 section 4301, for operation and maintenance, Air
18 National Guard, the Secretary of the Air Force shall
19 transfer up to $18,500,000 for the purposes of the
20 RC–26B manned intelligence, surveillance, and re-
21 connaissance platform.
22 (2) Of the amount authorized to be appro-
23 priated in section 421 for military personnel, as
24 specified in the corresponding finding table in sec-
25 tion 4401, the Secretary of the Air Force shall
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1 transfer up to $13,000,000 from military personnel,
2 Air National Guard for personnel who operate and
3 maintain the RC–26B manned intelligence, surveil-
4 lance, and reconnaissance platform.
5 (d) MEMORANDUM OF AGREEMENT.—Notwith-
6 standing any other provision of law, the Secretary of De-
7 fense may enter into one or more memoranda of agree-
8 ment or cost sharing agreements with other Federal enti-
9 ties for the purposes of assisting with the missions and
10 activities of such entities.
11 (e) INDEPENDENT ASSESSMENT.—Not later than 30
12 days after the date of the enactment of this Act, the Direc-
13 tor of Cost Assessment and Program Evaluation shall con-
14 duct an independent assessment to determine how the Air
15 Force can—
16 (1) provide manned ISR/IAA capabilities for
17 the purposes of conducting operations pursuant to
18 the provisions of law specified in subsection (a)(2);
19 and
20 (2) maintain and modernize the manned ISR/
21 IAA aircraft fleet over the period of ten years fol-
22 lowing the date of the enactment of this Act.
23 (f) COMPTROLLER GENERAL STUDY.—
24 (1) STUDY.—The Comptroller General of the
25 United States shall conduct an independent study of
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1 the platforms used to conduct title 32 operations by
2 manned ISR/IAA aircraft in light of the proposal of
3 the Air Force to retire and divest the RC–26B air-
4 craft fleet.
5 (2) BRIEFING.—Not later than September 31,
6 2023, the Comptroller General shall provide to the
7 congressional defense committees a briefing on the
8 preliminary findings of the study under paragraph
9 (1). The briefing shall include an assessment of—
10 (A) the alternatives considered by the Air
11 Force that led to the recommendation to retire
12 the RC–26B aircraft, including the relative
13 costs, benefits, and assumptions associated with
14 the alternatives to such retirement;
15 (B) any capability gaps in manned ISR/
16 IAA that would be created by such retirement;
17 (C) the extent to which the Department of
18 Defense has plans to address any capability
19 gaps identified under subparagraph (B); and
20 (D) any capability gaps in manned ISR/
21 IAA that could be created by the added cost to
22 the Air Force of retaining the RC–26B fleet.
23 (3) REPORT.—As soon as practicable after the
24 date of the briefing under paragraph (2), the Comp-
25 troller General shall submit to the congressional de-
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1 fense committees a report on the final results of the
2 study conducted under paragraph (1).
3 (g) ISR/IAA DEFINED.—In this section, the term
4 ‘‘ISR/IAA’’ means—
5 (1) intelligence, surveillance, and reconnais-
6 sance; and
7 (2) incident awareness and assessment.
8 SEC. 139A. PROCUREMENT AUTHORITY FOR COMMERCIAL
9 ENGINEERING SOFTWARE.
10 (a) PROCUREMENT AUTHORITY.—The Secretary of
11 the Air Force may enter into one or more contracts for
12 the procurement of commercial engineering software to
13 meet the digital transformation goals and objectives of the
14 Department of the Air Force.
15 (b) INCLUSION OF PROGRAM ELEMENT IN BUDGET
16 MATERIALS.—In the materials submitted by the Secretary
17 of the Air Force in support of the budget of the President
18 for fiscal year 2024 (as submitted to Congress pursuant
19 to section 1105 of title 31, United States Code), the Sec-
20 retary shall include a program element dedicated to the
21 procurement and management of the commercial engineer-
22 ing software described in subsection (a).
23 (c) REVIEW.—In carrying out subsection (a), the Sec-
24 retary of the Air Force shall—
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1 (1) review the commercial physics-based simula-
2 tion marketspace; and
3 (2) conduct research on providers of commercial
4 software capabilities that have the potential to expe-
5 dite the progress of digital engineering initiatives
6 across the weapon system enterprise, with a par-
7 ticular focus on capabilities that have the potential
8 to generate significant life-cycle cost savings,
9 streamline and accelerate weapon system acquisition,
10 and provide data-driven approaches to inform invest-
11 ments by the Department of the Air Force.
12 (d) REPORT.—Not later than March 1, 2023, the
13 Secretary of the Air Force shall submit to the congres-
14 sional defense committees a report that includes—
15 (1) an analysis of specific physics-based simula-
16 tion capability manufacturers that deliver high mis-
17 sion impact with broad reach into the weapon sys-
18 tem enterprise of the Department of the Air Force;
19 and
20 (2) a prioritized list of programs and offices of
21 the Department of the Air Force that could better
22 utilize commercial physics-based modeling and sim-
23 ulation and opportunities for the implementation of
24 such modeling and simulation capabilities within the
25 Department.
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1 SEC. 139B. SENSE OF CONGRESS REGARDING UNITED
2 STATES AIR NATIONAL GUARD REFUELING
3 MISSION.
4 It is the sense of Congress that—
5 (1) the refueling mission of the reserve compo-
6 nents of the Air Force is essential to ensuring the
7 national security of the United States and our allies;
8 (2) this mission provides for aerial aircraft re-
9 fueling essential to extending the range of aircraft,
10 which is a critical capability when facing the current
11 threats abroad; and
12 (3) the Air Force should ensure any plan to re-
13 tire KC–135 aircraft includes equal replacement
14 with KC–46A aircraft.
15 Subtitle D—Defense-wide, Joint,
16 and Multiservice Matters
17 SEC. 141. CHARGING STATIONS AT COMMISSARY STORES
18 AND MILITARY EXCHANGES.
19 (a) IN GENERAL.—Subchapter I of chapter 147 of
20 title 10, United States Code, is amended by adding at the
21 end the following new section:
22 ‘‘§ 2486. Electric vehicle charging stations at com-
23 missary stores and military exchanges
24 ‘‘(a) AUTHORITY.—The Secretary of Defense may
25 furnish electric vehicle charging stations at a commissary
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1 store or military exchange for commercial use by individ-
2 uals authorized to access such facilities.
3 ‘‘(b) RATES AND PROCEDURES.—If the Secretary of
4 Defense furnishes electric vehicle charging stations pursu-
5 ant to subsection (a)—
6 ‘‘(1) the Secretary shall establish rates and pro-
7 cedures that the Secretary determines appropriate
8 for the purchase of electric power from the charging
9 stations; and
10 ‘‘(2) such charging stations may be installed
11 and operated by a contractor on a for-profit basis.
12 ‘‘(c) INTEROPERABILITY.—Any vehicle charging sta-
13 tion provided under this section shall use a charging con-
14 nector type (or other means to transmit electricity to the
15 vehicle) that—
16 ‘‘(1) meets applicable industry accepted stand-
17 ards for interoperability and safety; and
18 ‘‘(2) is compatible with—
19 ‘‘(A) electric vehicles commonly available
20 for purchase by a member of the general public;
21 and
22 ‘‘(B) covered nontactical vehicles.
23 ‘‘(b) COVERED NONTACTICAL VEHICLE DEFINED.—
24 In this section, the term ‘covered nontactical vehicle’
25 means any vehicle—
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1 ‘‘(1) that is not a tactical vehicle designed for
2 use in combat; and
3 ‘‘(2) that is purchased or leased by the Depart-
4 ment of Defense, or by another department or agen-
5 cy of the Federal Government for the use of the De-
6 partment of Defense, pursuant to a contract entered
7 into, renewed, modified, or amended on or after Oc-
8 tober 1, 2022.’’.
9 (b) CLERICAL AMENDMENT.—The table of sections
10 at the beginning of such subchapter is amended by adding
11 at the end the following new item:
‘‘2486. Electric vehicle charging stations at commissary stores and military ex-
changes.’’.
12 SEC. 142. INCREASE AIR FORCE AND NAVY USE OF USED
13 COMMERCIAL DUAL-USE PARTS IN CERTAIN
14 AIRCRAFT AND ENGINES.
15 (a) IN GENERAL.—Not later than 90 days after the
16 date of the enactment of this Act, the Secretary of the
17 Air Force, with respect to the Air Force, and the Sec-
18 retary of the Navy, with respect to the Navy, shall develop
19 and implement processes and procedures for—
20 (1) the acquisition of used, overhauled, recondi-
21 tioned, and remanufactured commercial dual-use
22 parts; and
23 (2) the use of such commercial-dual use parts
24 in all—
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1 (A) commercial derivative aircraft and en-
2 gines; and
3 (B) aircraft used by the Air Force or Navy
4 that are based on the design of commercial
5 products.
6 (b) PROCUREMENT OF PARTS.—The processes and
7 procedures implemented under subsection (a) shall provide
8 that commercial dual-use parts shall be acquired—
9 (1) pursuant to competitive procedures (as de-
10 fined in section 3012 of title 10, United States
11 Code); and
12 (2) only from suppliers that provide parts that
13 possess an Authorized Release Certificate Federal
14 Aviation Administration Form 8130-3 Airworthy
15 Approval Tag from a certified repair station pursu-
16 ant to part 145 of title 14, Code of Federal Regula-
17 tions.
18 (c) DEFINITIONS.—In this section:
19 (1) COMMERCIAL DERIVATIVE.—The term
20 ‘‘commercial derivative’’ means an item procured by
21 the Department of Defense that is or was produced
22 using the same or similar production facilities, a
23 common supply chain, and the same or similar pro-
24 duction processes that are used for the production of
25 the item as predominantly used by the general public
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1 or by nongovernmental entities for purposes other
2 than governmental purposes.
3 (2) COMMERCIAL DUAL-USE PARTS.—The term
4 ‘‘commercial dual-use parts’’ means a product that
5 is—
6 (A) a commercial product;
7 (B) dual-use;
8 (C) described in subsection (b)(2); and
9 (D) not a life limited part.
10 (3) COMMERCIAL PRODUCT.—The term ‘‘com-
11 mercial product’’ has the meaning given such term
12 in section 103 of title 41, United States Code.
13 (4) DUAL-USE.—The term ‘‘dual-use’’ has the
14 meaning given such term in section 4801 of title 10,
15 United States Code.
16 SEC. 143. ASSESSMENT AND REPORT ON MILITARY ROTARY
17 WING AIRCRAFT INDUSTRIAL BASE.
18 (a) ASSESSMENT REQUIRED.—The Under Secretary
19 of Defense for Acquisition and Sustainment, in coordina-
20 tion with the Secretaries of the Army, Navy, and Air
21 Force, shall conduct an assessment of the military rotary
22 wing aircraft industrial base.
23 (b) ELEMENTS.—The assessment under subsection
24 (a) shall include the following:
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1 (1)(A) Identification of each rotary wing air-
2 craft program of the Department of Defense that is
3 in the research and development or procurement
4 phase.
5 (B) A description of any platform-specific or ca-
6 pability-specific facility or workforce technical skill
7 requirements necessary for each program identified
8 under subparagraph (A).
9 (2) Identification of—
10 (A) the rotary wing aircraft capabilities of
11 each Armed Force anticipated for programming
12 beyond the period covered by the most recent
13 future-years defense program submitted to Con-
14 gress under section 221 of title 10, United
15 States Code (as of the date of the assessment);
16 and
17 (B) the technologies, facilities, and work-
18 force skills necessary for the development of
19 such capabilities.
20 (3) An assessment of the military industrial
21 base capacity and skills that are available (as of the
22 date of the assessment) to design and manufacture
23 the platforms and capabilities identified under para-
24 graphs (1) and (2) and a list of any gaps in such
25 capacity and skills.
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1 (4)(A) Identification of each component, sub-
2 component, or equipment supplier in the military ro-
3 tary wing aircraft industrial base that is the sole
4 source within such industrial base from which that
5 component, subcomponent, or equipment may be ob-
6 tained.
7 (B) An assessment of any risk resulting from
8 the lack of other suppliers for such components, sub-
9 components, or equipment.
10 (5) Analysis of the likelihood of future consoli-
11 dation, contraction, or expansion, within the rotary
12 wing aircraft industrial base, including—
13 (A) identification of the most probable sce-
14 narios with respect to such consolidation, con-
15 traction, or expansion; and
16 (B) an assessment of how each such sce-
17 nario may affect the ability of the Armed
18 Forces to acquire military rotary wing aircraft
19 in the future, including any effects on the cost
20 and schedule of such acquisitions.
21 (6) Such other matters the Under Secretary of
22 Defense for Acquisition and Sustainment determines
23 appropriate.
24 (c) REPORT.—
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1 (1) IN GENERAL.—Concurrently with the sub-
2 mission of the next annual report required to be sub-
3 mitted under section 4814 of title 10, United States
4 Code, after the date of the enactment of this Act,
5 the Under Secretary of Defense for Acquisition and
6 Sustainment shall submit to the congressional de-
7 fense committees a report that includes—
8 (A) the results of the assessment con-
9 ducted under subsection (a); and
10 (B) based on such results, recommenda-
11 tions for reducing any risks identified with re-
12 spect to the military rotary wing aircraft indus-
13 trial base.
14 (2) FORM.—The report required under para-
15 graph (1) may be submitted as an appendix to the
16 annual report required to be submitted under section
17 4814 of title 10, United States Code.
18 (d) ROTARY WING AIRCRAFT DEFINED.—In this sec-
19 tion, the term ‘‘rotary wing aircraft’’ includes rotary wing
20 and tiltrotor aircraft.
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1 TITLE II—RESEARCH, DEVELOP-
2 MENT, TEST, AND EVALUA-
3 TION
4 Subtitle A—Authorization of
5 Appropriations
6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
7 Funds are hereby authorized to be appropriated for
8 fiscal year 2023 for the use of the Department of Defense
9 for research, development, test, and evaluation, as speci-
10 fied in the funding table in section 4201.
11 Subtitle B—Program Require-
12 ments, Restrictions, and Limita-
13 tions
14 SEC. 211. CLARIFICATION OF ROLE OF SENIOR OFFICIAL
15 WITH PRINCIPAL RESPONSIBILITY FOR ARTI-
16 FICIAL INTELLIGENCE AND MACHINE LEARN-
17 ING.
18 (a) JOINT ARTIFICIAL INTELLIGENCE RESEARCH
19 AND DEVELOPMENT ACTIVITIES.—Section 238 of the
20 John S. McCain National Defense Authorization Act for
21 Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note
22 prec. 4061) is amended—
23 (1) by amending subsection (c) to read as fol-
24 lows:
25 ‘‘(c) ORGANIZATION AND ROLES.—
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1 ‘‘(1) IN GENERAL.—In addition to designating
2 an official under subsection (b), the Secretary of De-
3 fense shall assign to appropriate officials within the
4 Department of Defense roles and responsibilities re-
5 lating to the research, development, prototyping,
6 testing, procurement of, requirements for, and oper-
7 ational use of artificial intelligence technologies.
8 ‘‘(2) APPROPRIATE OFFICIALS.—The officials
9 assigned roles and responsibilities under paragraph
10 (1) shall include—
11 ‘‘(A) the Under Secretary of Defense for
12 Research and Engineering;
13 ‘‘(B) the Under Secretary of Defense for
14 Acquisition and Sustainment;
15 ‘‘(C) one or more officials in each military
16 department;
17 ‘‘(D) officials of appropriate Defense Agen-
18 cies; and
19 ‘‘(E) such other officials as the Secretary
20 of Defense determines appropriate.’’;
21 (2) in subsection (e) in the second sentence, by
22 striking ‘‘Director of the Joint Artificial Intelligence
23 Center’’ and inserting ‘‘the official designated under
24 subsection (b)’’; and
25 (3) by striking subsection (h).
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1 (b) PERSONNEL MANAGEMENT AUTHORITY TO AT-
2 TRACT EXPERTS IN SCIENCE AND ENGINEERING.—Sec-
3 tion 4092 of title 10, United States Code, is amended—
4 (1) by amending paragraph (6) of subsection
5 (a) to read as follows:
6 ‘‘(6) JOINT ARTIFICIAL INTELLIGENCE RE-
7 SEARCH, DEVELOPMENT, AND TRANSITION ACTIVI-
8 TIES.—The official designated under subsection (b)
9 of section 238 of the John S. McCain National De-
10 fense Authorization Act for Fiscal Year 2019 (Pub-
11 lic Law 115–232) shall carry out a program of per-
12 sonnel management authority provided in subsection
13 (b) of this section in order to facilitate recruitment
14 of eminent experts in science or engineering to sup-
15 port the activities of such official under such section
16 238.’’.
17 (2) in subsection (b)(1)(F)—
18 (A) by striking ‘‘Joint Artificial Intel-
19 ligence Center’’ and inserting ‘‘official des-
20 ignated under subsection (b) of section 238 of
21 the John S. McCain National Defense Author-
22 ization Act for Fiscal Year 2019 (Public Law
23 115–232)’’; and
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1 (B) by striking ‘‘in the Center’’ and insert-
2 ing ‘‘in support of the activities of such official
3 under such section’’; and
4 (3) in subsection (c)(2), by striking ‘‘the Joint
5 Artificial Intelligence Center’’ and inserting ‘‘the ac-
6 tivities under section 238 of the John S. McCain
7 National Defense Authorization Act for Fiscal Year
8 2019 (Public Law 115–232)’’.
9 (c) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICA-
10 TIONS AND ESTABLISHMENT OF PERFORMANCE
11 METRICS.—Section 226(b) of the National Defense Au-
12 thorization Act for Fiscal Year 2022 (Public Law 117–
13 81; 10 U.S.C. 4001 note) is amended—
14 (1) in paragraph (3), by inserting ‘‘or the offi-
15 cial designated under subsection (b) of section 238
16 of the John S. McCain National Defense Authoriza-
17 tion Act for Fiscal Year 2019 (Public Law 115–232;
18 10 U.S.C. note prec. 4061)’’ after ‘‘Director of the
19 Joint Artificial Intelligence Center’’;
20 (2) in paragraph (4), by inserting ‘‘or the offi-
21 cial designated under subsection (b) of section 238
22 of the John S. McCain National Defense Authoriza-
23 tion Act for Fiscal Year 2019 (Public Law 115–232;
24 10 U.S.C. note prec. 4061)’’ after ‘‘Director of the
25 Joint Artificial Intelligence Center’’; and
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1 (3) in paragraph (5), by inserting ‘‘or the offi-
2 cial designated under subsection (b) of section 238
3 of the John S. McCain National Defense Authoriza-
4 tion Act for Fiscal Year 2019 (Public Law 115–232;
5 10 U.S.C. note prec. 4061)’’ after ‘‘Director of the
6 Joint Artificial Intelligence Center’’.
7 (d) MODIFICATION OF THE JOINT COMMON FOUNDA-
8 TION PROGRAM.—Section 227(a) of the National Defense
9 Authorization Act for Fiscal Year 2022 (Public Law 117–
10 81; 10 U.S.C. 4001 note) is amended by striking ‘‘Joint
11 Artificial Intelligence Center’’ and inserting ‘‘the office of
12 the official designated under subsection (b) of section 238
13 of the John S. McCain National Defense Authorization
14 Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
15 note prec. 4061)’’.
16 (e) PILOT PROGRAM ON DATA REPOSITORIES TO FA-
17 CILITATE THE DEVELOPMENT OF ARTIFICIAL INTEL-
18 LIGENCE CAPABILITIES FOR THE DEPARTMENT OF DE-
19 FENSE.—Section 232 of the National Defense Authoriza-
20 tion Act for Fiscal Year 2022 (Public Law 117–81; 10
21 U.S.C. 4001 note) is amended—
22 (1) in the section heading, by striking ‘‘PILOT
23 PROGRAM ON DATA REPOSITORIES’’ and insert-
24 ing ‘‘DATA REPOSITORIES’’;
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1 (2) by amending subsection (a) to read as fol-
2 lows:
3 ‘‘(a) ESTABLISHMENT OF DATA REPOSITORIES.—
4 The Secretary of Defense, acting through the official des-
5 ignated under subsection (b) of section 238 of the John
6 S. McCain National Defense Authorization Act for Fiscal
7 Year 2019 (Public Law 115–232; 10 U.S.C. note prec.
8 4061) (and such other officials as the Secretary deter-
9 mines appropriate), shall—
10 ‘‘(1) establish data repositories containing De-
11 partment of Defense data sets relevant to the devel-
12 opment of artificial intelligence software and tech-
13 nology; and
14 ‘‘(2) allow appropriate public and private sector
15 organizations to access such data repositories for the
16 purpose of developing improved artificial intelligence
17 and machine learning software capabilities that may,
18 as determined appropriate by the Secretary, be pro-
19 cured by the Department to satisfy Department re-
20 quirements and technology development goals.’’;
21 (3) in subsection (b), by striking ‘‘If the Sec-
22 retary of Defense carries out the pilot program
23 under subsection (a), the data repositories estab-
24 lished under the program’’ and inserting ‘‘The data
25 repositories established under subsection (a)’’; and
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1 (4) by amending subsection (c) to read as fol-
2 lows:
3 ‘‘(c) BRIEFING.—Not later than July 1, 2023, the
4 Secretary of Defense shall provide to the congressional de-
5 fense committees a briefing on—
6 ‘‘(1) the types of information the Secretary de-
7 termines are feasible and advisable to include in the
8 data repositories established under subsection (a);
9 and
10 ‘‘(2) the progress of the Secretary in estab-
11 lishing such data repositories.’’.
12 (f) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN
13 AND WORKING GROUP.—Section 1531(d)(2)(C) of the
14 National Defense Authorization Act for Fiscal Year 2022
15 (Public Law 117–81; 135 Stat. 2051) is amended by strik-
16 ing ‘‘The Joint Artificial Intelligence Center (JAIC)’’ and
17 inserting ‘‘The office of the official designated under sub-
18 section (b) of section 238 of the John S. McCain National
19 Defense Authorization Act for Fiscal Year 2019 (Public
20 Law 115–232; 10 U.S.C. note prec. 4061)’’.
21 (g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO
22 THE DEFENSE REFORM PILLAR OF THE NATIONAL DE-
23 FENSE STRATEGY.—Section 234(b) of the William M.
24 (Mac) Thornberry National Defense Authorization Act for
25 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113)
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1 is amended by striking ‘‘Director of the Joint Artificial
2 Intelligence Center’’ and inserting ‘‘official designated
3 under subsection (b) of section 238 of the John S. McCain
4 National Defense Authorization Act for Fiscal Year 2019
5 (Public Law 115–232; 10 U.S.C. note prec. 4061)’’.
6 (h) PILOT PROGRAM ON THE USE OF ELECTRONIC
7 PORTFOLIOS TO EVALUATE CERTAIN APPLICANTS FOR
8 TECHNICAL POSITIONS.—Section 247(c) of the William
9 M. (Mac) Thornberry National Defense Authorization Act
10 for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
11 note prec. 1580) is amended—
12 (1) in paragraph (1), by striking ‘‘the Joint Ar-
13 tificial Intelligence Center’’ and inserting ‘‘the office
14 of the official designated under subsection (b) of sec-
15 tion 238 of the John S. McCain National Defense
16 Authorization Act for Fiscal Year 2019 (Public Law
17 115–232; 10 U.S.C. note prec. 4061)’’;
18 (2) by striking paragraph (2); and
19 (3) by redesignating paragraphs (3) and (4) as
20 paragraphs (2) and (3), respectively.
21 (i) ACQUISITION AUTHORITY OF THE DIRECTOR OF
22 THE JOINT ARTIFICIAL INTELLIGENCE CENTER.—Sec-
23 tion 808 the William M. (Mac) Thornberry National De-
24 fense Authorization Act for Fiscal Year 2021 (Public Law
25 116–283; 10 U.S.C. 4001 note) is amended—
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1 (1) in the section heading, by striking ‘‘THE
2 DIRECTOR OF THE JOINT ARTIFICIAL INTEL-
3 LIGENCE CENTER’’ and inserting ‘‘THE SENIOR
4 OFFICIAL WITH PRINCIPAL RESPONSIBILITY
5 FOR ARTIFICIAL INTELLIGENCE AND MACHINE
6 LEARNING’’;
7 (2) in subsection (a)—
8 (A) by striking ‘‘the Director of the Joint
9 Artificial Intelligence Center’’ and inserting
10 ‘‘the official designated under subsection (b) of
11 section 238 of the John S. McCain National
12 Defense Authorization Act for Fiscal Year 2019
13 (Public Law 115–232; 10 U.S.C. note prec.
14 4061) (referred to in this section as the ‘Offi-
15 cial’)’’; and
16 (B) by striking ‘‘the Center’’ and inserting
17 ‘‘the office of such official (referred to in this
18 section as the ‘Office’)’’;
19 (3) in subsection (b)—
20 (A) in the subsection heading, by striking
21 ‘‘JAIC’’;
22 (B) in paragraph (1)—
23 (i) in the matter preceding subpara-
24 graph (A),
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1 (I) by striking ‘‘staff of the Di-
2 rector’’ and inserting ‘‘staff of the Of-
3 ficial’’; and
4 (II) by striking ‘‘the Director of
5 the Center’’ and inserting ‘‘such Offi-
6 cial’’;
7 (ii) in subparagraph (A), by striking
8 ‘‘the Center’’ and inserting ‘‘the Office’’;
9 (iii) in subparagraph (B), by striking
10 ‘‘the Center’’ and inserting ‘‘the Office’’;
11 (iv) in subparagraph (C), by striking
12 ‘‘the Center’’ each place it appears and in-
13 serting ‘‘the Office’’; and
14 (v) in subparagraph (D), by striking
15 ‘‘the Center’’ each place it appears and in-
16 serting ‘‘the Office’’;
17 (C) in paragraph (2)—
18 (i) by striking ‘‘the Center’’ and in-
19 serting ‘‘the Office’’; and
20 (ii) by striking ‘‘the Director’’ and in-
21 serting ‘‘the Official’’;
22 (4) in subsection (c)(1)—
23 (A) by striking ‘‘the Center’’ and inserting
24 ‘‘the Office’’; and
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1 (B) by striking ‘‘the Director’’ and insert-
2 ing ‘‘the Official’’;
3 (5) in subsection (d), by striking ‘‘the Director’’
4 and inserting ‘‘the Official’’;
5 (6) in subsection (e)—
6 (A) in paragraph (2)—
7 (i) in subparagraph (B), by striking
8 ‘‘Center missions’’ and inserting ‘‘the mis-
9 sions of the Office’’; and
10 (ii) in subparagrpah (D), by striking
11 ‘‘the Center’’ and inserting ‘‘the Office’’;
12 and
13 (B) in paragraph (3), by striking ‘‘the
14 Center’’ and inserting ‘‘the Office’’;
15 (7) in subsection (f), by striking ‘‘the Director’’
16 and inserting ‘‘the Official’’; and
17 (8) in subsection (g)—
18 (A) by striking paragraphs (1) and (3);
19 and
20 (B) by redesignating paragraphs (4) and
21 (5) as paragraphs (1) and (2), respectively.
22 (j) BIANNUAL REPORT.—Section 260 of the National
23 Defense Authorization Act for Fiscal Year 2020 (Public
24 Law 116–92; 133 Stat. 1293) is amended—
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1 (1) in the section heading, by striking ‘‘JOINT
2 ARTIFICIAL INTELLIGENCE CENTER’’ and insert-
3 ing ‘‘OFFICE OF THE SENIOR OFFICIAL WITH
4 PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
5 INTELLIGENCE AND MACHINE LEARNING’’;
6 (2) in subsection (a)—
7 (A) by striking ‘‘2023’’ and inserting
8 ‘‘2026’’; and
9 (B) by striking ‘‘the Joint Artificial Intel-
10 ligence Center (referred to in this section as the
11 ‘Center’)’’ and inserting ‘‘the office of the offi-
12 cial designated under subsection (b) of section
13 238 of the John S. McCain National Defense
14 Authorization Act for Fiscal Year 2019 (Public
15 Law 115–232; 10 U.S.C. note prec. 4061) (re-
16 ferred to in this section as the ‘Office’)’’;
17 (3) in subsection (b)—
18 (A) by striking ‘‘Center’’ each place it ap-
19 pears and inserting ‘‘Office’’;
20 (B) in paragraph (2), by striking ‘‘the Na-
21 tional Mission Initiatives, Component Mission
22 Initiatives, and any other initiatives’’ and in-
23 serting ‘‘any initiatives’’; and
24 (C) in paragraph (7), by striking ‘‘the
25 Center’s investments in the National Mission
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1 Initiatives and Component Mission Initiatives’’
2 and inserting ‘‘the Office’s investments in its
3 initiatives and other activities’’; and
4 (4) by striking subsection (c).
5 (k) REPORTING RESPONSIBILITY.—Section 903(b) of
6 the National Defense Authorization Act for Fiscal Year
7 2020 (Public Law 116–92; 10 U.S.C. 2223 note) is
8 amended—
9 (1) by striking paragraph (3); and
10 (2) by redesignating paragraph (4) as para-
11 graph (3).
12 (l) REFERENCES IN EXISTING LAW.—Any reference
13 in any law, regulation, guidance, instruction, or other doc-
14 ument of the Federal Government to the Director of the
15 Joint Artificial Intelligence Center of the Department of
16 Defense or to the Joint Artificial Intelligence Center shall
17 be deemed to refer to the official designated under section
18 238(b) of the John S. McCain National Defense Author-
19 ization Act for Fiscal Year 2019 (Public Law 115–232;
20 10 U.S.C. note prec. 4061) or the office of such official,
21 as the case may be.
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1 SEC. 212. ROLE OF THE CHIEF DIGITAL AND ARTIFICIAL IN-
2 TELLIGENCE OFFICER IN FOSTERING INTER-
3 OPERABILITY AMONG JOINT FORCE SYS-
4 TEMS.
5 (a) IN GENERAL.—The Secretary of Defense, in con-
6 sultation with the Director of National Intelligence, shall
7 direct the Chief Digital and Artificial Intelligence Officer
8 of the Department of Defense to carry out the activities
9 described in subsection (b) in support of the Joint All Do-
10 main Command and Control strategy and the Joint
11 Warfighting Concept of the Department.
12 (b) ACTIVITIES DESCRIBED.—The activities de-
13 scribed in this subsection are the following:
14 (1) To solicit feedback from the combatant
15 commands and the Joint Staff to identify oper-
16 ational challenges that—
17 (A) are attributable to a lack of interoper-
18 ability between the warfighting systems and
19 other technology, including software and data,
20 of such commands and the Joint Staff; and
21 (B) could potentially be resolved using mis-
22 sion integration software, including software de-
23 signed to integrate heterogeneous systems
24 across domains without upgrading hardware or
25 changing existing system software.
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1 (2) From amounts made available to carry out
2 this section, to allocate funds to entities in the com-
3 batant commands and the Joint Staff to address
4 such operational challenges through—
5 (A) the development, procurement, or field-
6 ing of mission integration software; and
7 (B) the development and implementation
8 of related tactics, techniques, and procedures to
9 integrate systems to increase interoperability.
10 (3) To identify, acquire, and field existing mis-
11 sion integration capabilities and enhance ongoing re-
12 search and development.
13 (4) To support exercises, experimentation, and
14 demonstrations to highlight and refine mission inte-
15 gration software and address associated interoper-
16 ability challenges.
17 (5) To assist in fielding mission integration
18 software by the military departments to encourage
19 the development and employment of such software
20 on a larger scale.
21 (c) BRIEFING.—Not later than 180 days after the
22 date of the enactment of this Act, the Secretary of Defense
23 shall provide to the Committee on Armed Services of the
24 House of Representatives a briefing on the progress of the
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1 Chief Digital and Artificial Intelligence Officer in carrying
2 out the activities described in subsection (b)).
3 (d) REPORTS.—On a biannual basis during the pe-
4 riod of three years following the date of the briefing under
5 subsection (c), the Secretary of Defense shall submit to
6 the congressional defense committees a report that in-
7 cludes, with respect to the period of six months preceding
8 the date of the report, the following:
9 (1) A description of any operational challenges
10 that were identified under subsection (b)(1).
11 (2) Of those operational challenges—
12 (A) identification of the challenges the
13 Chief Digital and Artificial Intelligence Officer
14 addressed through the allocation of funds under
15 subsection (b)(2); and
16 (B) an explanation of whether and to what
17 extent activities carried out with such funds re-
18 duced interoperability challenges.
19 (3) Identification of any mission integration
20 software procured, developed, or fielded by the
21 Armed Forces or the combatant commands.
22 (4) A description of any exercises, experimen-
23 tation, and demonstrations performed.
24 (e) DEFINITIONS.—In this section:
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1 (1) The term ‘‘Chief Digital and Artificial Intel-
2 ligence Officer’’ means the official designated under
3 subsection (b) of section 238 of the John S. McCain
4 National Defense Authorization Act for Fiscal Year
5 2019 (Public Law 115–232; 10 U.S.C. note prec.
6 4061).
7 (2) The term ‘‘mission integration software’’
8 means software that supports military operations by
9 creating interoperability between systems, tools, and
10 applications, including weapons, platforms, intel-
11 ligence, surveillance, and reconnaissance systems, in-
12 telligence fusion systems, tasking systems, tactical
13 data links, cyberspace and electronic warfare sys-
14 tems, communications systems, command and con-
15 trol systems, common operating pictures, and com-
16 manders’ decision aids.
17 SEC. 213. MODIFICATION OF DEFENSE LABORATORY MOD-
18 ERNIZATION PILOT PROGRAM.
19 Section 2803 of the National Defense Authorization
20 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
21 note prec. 4121) is amended—
22 (1) in subsection (e), by striking
23 ‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’;
24 (2) in subsection (f)(2), by striking
25 ‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’; and
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1 (3) in subsection (g), by striking ‘‘October 1,
2 2025’’ and inserting ‘‘October 1, 2030’’.
3 SEC. 214. SUPPORT FOR RESEARCH AND DEVELOPMENT OF
4 BIOINDUSTRIAL MANUFACTURING PROC-
5 ESSES.
6 (a) AUTHORIZATION.—Subject to the availability of
7 appropriations, the Secretary of Defense shall provide sup-
8 port to manufacturing innovation institutes for the re-
9 search and development of innovative bioindustrial manu-
10 facturing processes and the development of a network of
11 bioindustrial manufacturing facilities to improve the abil-
12 ity of the industrial base to use such processes for the
13 production of chemicals, materials, and other products
14 necessary to support national security or secure fragile
15 supply chains.
16 (b) FORM OF SUPPORT.—The support provided
17 under subsection (a) may consist of—
18 (1) the establishment of one or more manufac-
19 turing innovation institutes specializing in the re-
20 search and development of bioindustrial manufac-
21 turing processes;
22 (2) providing funding to one or more existing
23 manufacturing innovation institutes—
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1 (A) to support the research and develop-
2 ment of bioindustrial manufacturing processes;
3 or
4 (B) to otherwise expand the bioindustrial
5 manufacturing capabilities of such institutes;
6 (3) the establishment of dedicated facilities
7 within one or more manufacturing innovation insti-
8 tutes to serve as regional hubs for the research, de-
9 velopment, and the scaling of bioindustrial manufac-
10 turing processes and products to higher levels of
11 production; or
12 (4) designating a manufacturing innovation in-
13 stitute to serve as the lead entity responsible for in-
14 tegrating a network of pilot and intermediate scale
15 bioindustrial manufacturing facilities.
16 (c) ACTIVITIES.—A manufacturing innovation insti-
17 tute that receives support under subsection (a) shall carry
18 out activities relating to the research, development, test,
19 and evaluation of innovative bioindustrial manufacturing
20 processes and the scaling of bioindustrial manufacturing
21 products to higher levels of production, which may in-
22 clude—
23 (1) research on the use of bioindustrial manu-
24 facturing to create materials such as polymers, coat-
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1 ings, resins, commodity chemicals, and other mate-
2 rials with fragile supply chains;
3 (2) demonstration projects to evaluate bioindus-
4 trial manufacturing processes and technologies;
5 (3) activities to scale bioindustrial manufac-
6 turing processes and products to higher levels of
7 production;
8 (4) strategic planning for infrastructure and
9 equipment investments for bioindustrial manufac-
10 turing of defense-related materials;
11 (5) analyses of bioindustrial manufactured
12 products and validation of the application of biologi-
13 cal material used as input to new and existing proc-
14 esses to aid in future investment strategies and the
15 security of critical supply chains;
16 (6) the selection, construction, and operation of
17 pilot and intermediate scale bioindustrial manufac-
18 turing facilities;
19 (7) development and management of a network
20 of facilities to scale production of bioindustrial prod-
21 ucts;
22 (8) activities to address workforce needs in bio-
23 industrial manufacturing;
24 (9) establishing an interoperable, secure, digital
25 infrastructure for collaborative data exchange across
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1 entities in the bioindustrial manufacturing commu-
2 nity, including government agencies, industry, and
3 academia;
4 (10) developing and implementing digital tools,
5 process security and assurance capabilities, cyberse-
6 curity protocols, and best practices for data storage,
7 sharing and analysis; and
8 (11) such other activities as the Secretary of
9 Defense determines appropriate.
10 (d) CONSIDERATIONS.—In determining the number,
11 type, and location of manufacturing innovation institutes
12 or facilities to support under subsection (a), the Secretary
13 of Defense shall consider—
14 (1) how the institutes or facilities may com-
15 plement each other by functioning as a together as
16 a network;
17 (2) how to geographically distribute support to
18 such institutes or facilities—
19 (A) to maximize access to biological mate-
20 rial needed as an input to bioindustrial manu-
21 facturing processes;
22 (B) to leverage available industrial and
23 academic expertise;
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1 (C) to leverage relevant domestic infra-
2 structure required to secure supply chains for
3 chemicals and other materials; and
4 (D) to complement the capabilities of other
5 manufacturing innovation institutes and similar
6 facilities; and
7 (3) how the activities supported under this sec-
8 tion can be coordinated with relevant activities of
9 other departments and agencies of the Federal Gov-
10 ernment.
11 (e) PLAN REQUIRED.—
12 (1) IN GENERAL.—Not later than 180 days
13 after the date of the enactment of this Act, the Sec-
14 retary of Defense shall submit to the appropriate
15 congressional committees and the National Security
16 Commission on Emerging Biotechnology a plan for
17 the implementation of this section that includes—
18 (A) a description of types, relative sizes,
19 and locations of the manufacturing innovation
20 institutes or facilities the Secretary intends to
21 establish or support under this section;
22 (B) a general description of the focus of
23 each institute or facility, including the types of
24 bioindustrial manufacturing equipment, if any,
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1 that are expected to be procured for each such
2 institute or facility;
3 (C) a general description of how the insti-
4 tutes and facilities will work as a network to
5 maximize the diversity of bioindustrial products
6 available to be produced by the network;
7 (D) an explanation of how the network will
8 support the establishment and maintenance of
9 the bioindustrial manufacturing industrial base;
10 and
11 (E) an explanation of how the Secretary
12 intends to ensure that bioindustrial manufac-
13 turing activities conducted under this section
14 are modernized digitally, including through—
15 (i) the use of a data automation to
16 represent processes and products as models
17 and simulations; and
18 (ii) the implementation of measures to
19 address cybersecurity and process assur-
20 ance concerns.
21 (2) BRIEFINGS.—Not later than 180 days after
22 the date of the submittal of the plan under para-
23 graph (1), and biannually thereafter for five years,
24 the Secretary of Defense shall provide to the appro-
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1 priate congressional committees a briefing on the
2 progress toward the implementation of the plan.
3 (f) DEFINITIONS.—In this section:
4 (1) The term ‘‘appropriate congressional com-
5 mittees’’ means—
6 (A) the congressional defense committees;
7 (B) the Committee on Agriculture, Nutri-
8 tion, and Forestry and the Committee on Com-
9 merce, Science, and Transportation of the Sen-
10 ate; and
11 (C) the Committee on Agriculture and the
12 Committee on Science, Space, and Technology
13 of the House of Representatives.
14 (2) The term ‘‘bioindustrial manufacturing’’
15 means the use of living organisms, cells, tissues, en-
16 zymes, or cell-free systems to produce materials and
17 products for non-pharmaceutical applications.
18 (3) The term ‘‘manufacturing innovation insti-
19 tute’’ means a Manufacturing USA institute (as de-
20 scribed in section 34(d) of the National Institute of
21 Standards and Technology Act (15 U.S.C. 278s(d)))
22 that is funded by the Department of Defense.
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1 SEC. 215. ACTIVITIES TO SUPPORT THE USE OF METAL AD-
2 DITIVE MANUFACTURING FOR THE SUB-
3 SURFACE FLEET OF THE NAVY.
4 (a) IN GENERAL.—The Secretary of the Navy shall
5 carry out activities to support—
6 (1) the development of additive manufacturing
7 processes for the production of metal components
8 and other metal-based materials for the subsurface
9 fleet of the Navy;
10 (2) the testing, evaluation, and qualification of
11 such processes, components, and materials; and
12 (3) the use of such processes, components, and
13 materials to meet requirements and milestones appli-
14 cable to the subsurface fleet of the Navy.
15 (b) FUNDING.—From amounts authorized to be ap-
16 propriated by this Act for shipbuilding concept advance
17 design (PE 0603563N), as reflected in division D of this
18 Act, the Secretary of the Navy is authorized to use up
19 to $5,000,0000 to carry out the activities required under
20 subsection (a).
21 SEC. 216. DIGITAL MISSION OPERATIONS PLATFORM FOR
22 THE SPACE FORCE.
23 The Secretary of the Air Force is authorized to enter
24 into one or more contracts for the procurement of a digital
25 mission operations platform for the Space Force that—
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1 (1) is capable of providing systems operators
2 with the ability to analyze system performance in a
3 simulated mission environment; and
4 (2) enables collaboration among such operators
5 in a integrated, physics-based environment.
6 SEC. 217. AIR-BREATHING TEST CAPACITY UPGRADE TO
7 SUPPORT CRITICAL HYPERSONIC WEAPONS
8 DEVELOPMENT.
9 The Secretary of the Air Force shall carry out activi-
10 ties to upgrade the air breathing test facilities of the De-
11 partment of the Air Force to support critical hypersonic
12 weapons development. The Secretary shall seek to com-
13 plete any upgrade made under this section, subject to
14 availability of funds for such upgrade, not later than 24
15 months after the upgrade is commenced.
16 SEC. 218. INFORMATION ON USE OF COMMERCIAL SOFT-
17 WARE FOR THE WARFIGHTER MACHINE
18 INTERFACE OF THE ARMY.
19 (a) CERTIFICATION REQUIRED.—Not later than 60
20 days after the date of the enactment of this Act, the Sec-
21 retary of the Army shall certify to the congressional de-
22 fense committees that the procurement process for incre-
23 ments of the warfighter machine interface procured after
24 the date of the enactment of this Act will be carried out
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1 in accordance with section 3453 of title 10, United States
2 Code.
3 (b) MARKET RESEARCH AND REPORT.—
4 (1) MARKET RESEARCH.—The Secretary of the
5 Army shall conduct market research to identify com-
6 mercially available software to determine whether
7 such software has the potential to fulfill the applica-
8 ble requirements of the warfighter machine interface
9 program of the Army.
10 (2) REPORT.—Not later than 30 days after the
11 conclusion of the market research required under
12 paragraph (1), the Secretary of the Army shall sub-
13 mit to the congressional defense committees a report
14 on the on the results of the research, including a list
15 of any commercial software identified as part of the
16 research.
17 SEC. 219. MEASURES TO INCREASE THE CAPACITY OF HIS-
18 TORICALLY BLACK COLLEGES AND UNIVER-
19 SITIES AND OTHER MINORITY-SERVING IN-
20 STITUTIONS TO ACHIEVE VERY HIGH RE-
21 SEARCH ACTIVITY STATUS.
22 (a) PURPOSE.—The purpose of the program estab-
23 lished under this section is to provide additional pathways
24 needed for further increasing capacity at historically Black
25 colleges and universities and other minority-serving insti-
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1 tutions to achieve and maintain very high research activity
2 status.
3 (b) PROGRAM TO INCREASE CAPACITY TOWARD
4 ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS.—
5 (1) PROGRAM.—
6 (A) IN GENERAL.—The Secretary shall es-
7 tablish and carry out, using funds made avail-
8 able for research activities, a pilot program to
9 increase capacity at high research activity sta-
10 tus historically Black colleges and universities
11 and other minority-serving institutions toward
12 achieving very high research activity status dur-
13 ing the grant period.
14 (B) RECOMMENDATIONS.—In establishing
15 such program, the Secretary may consider the
16 recommendations pursuant to section 262 of
17 the National Defense Authorization Act for Fis-
18 cal Year 2020 (Public Law 116–92; 10 U.S.C.
19 4144 note) and section 220 of the National De-
20 fense Authorization Act for Fiscal Year 2022
21 (Public Law 117–81; 135 Stat. 1597).
22 (2) GRANTS AUTHORIZED.—The Secretary shall
23 award, on a competitive basis, grants to eligible in-
24 stitutions to carry out the activities under paragraph
25 (4)(A).
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1 (3) APPLICATION.—An eligible institution seek-
2 ing a grant under this section shall submit an appli-
3 cation to the Secretary at such time, in such man-
4 ner, and containing such information and assurances
5 as the Secretary may require, including a description
6 of—
7 (A) nascent research capabilities with re-
8 spect to research areas of interest to the De-
9 partment of Defense;
10 (B) a plan for increasing the level of re-
11 search activity toward achieving very high re-
12 search activity status classification during the
13 grant period, including measurable milestones
14 such as growth in very high research activity
15 status indicators and other relevant factors;
16 (C) how such institution will sustain the
17 increased level of research activity after the
18 conclusion of the grant period; and
19 (D) how the institution will evaluate and
20 assess progress with respect to the implementa-
21 tion of the plan under subparagraph (B).
22 (4) PROGRAM COMPONENTS.—
23 (A) USE OF FUNDS.—An eligible institu-
24 tion that receives a grant under this section
25 shall use the grant funds to support research
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1 activities with respect to research areas for
2 STEM and critical technologies, as determined
3 by the Secretary under subparagraph (B), in-
4 cluding—
5 (i) faculty professional development;
6 (ii) stipends for undergraduate and
7 graduate students and post-doctoral schol-
8 ars;
9 (iii) laboratory equipment and instru-
10 mentation;
11 (iv) recruitment and retention of fac-
12 ulty and graduate students;
13 (v) communication and dissemination
14 of products produced during the grant pe-
15 riod;
16 (vi) construction, modernization, reha-
17 bilitation, or retrofitting of facilities for re-
18 search purposes; and
19 (vii) other activities necessary to build
20 capacity in achieving very high research
21 activity status indicators.
22 (B) STRATEGIC AREAS OF SCIENTIFIC RE-
23 SEARCH.—The Secretary, in consultation with
24 the Defense Science Board, shall establish and
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1 update, on an annual basis, a list of research
2 areas for STEM and critical technologies.
3 (C) RESEARCH PROGRESS REPORTING.—
4 (i) IN GENERAL.—Not later than 3
5 years after receiving a grant under this
6 section, and every 3 years thereafter, an el-
7 igible institution shall submit to the Sec-
8 retary—
9 (I) a report that includes an as-
10 sessment by the institution, using the
11 criteria established in clause (ii), of
12 the progress made by such institution
13 with respect to achieving very high re-
14 search activity indicators; and
15 (II) an updated plan described in
16 paragraph (3)(B).
17 (ii) RESEARCH ASSESSMENT.—The
18 Secretary, in partnership with the eligible
19 institution, shall establish criteria for the
20 report required under clause (i)(I).
21 (D) GRANT PERIOD.—A grant awarded
22 under this section shall be for a period of not
23 more than 10 years, to be determined by the
24 Secretary.
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1 (E) EXPANSION OF ELIGIBILITY.—The
2 Secretary may award grants under this section
3 to historically Black colleges and universities
4 and other minority-serving institutions that are
5 not eligible institutions if the Secretary deter-
6 mines that the program can support such col-
7 leges, universities, and institutions while achiev-
8 ing the purpose of the program described in
9 subsection (a).
10 (5) EVALUATION.—Not later than 5 years after
11 the date of the enactment of this Act, the Secretary
12 shall prepare and submit a report to the Committees
13 on Armed Services of the Senate and the House of
14 Representatives providing an update on the pilot
15 program, including—
16 (A) activities carried out under the pilot
17 program;
18 (B) an analysis of the growth in very high
19 research activity status indicators of eligible in-
20 stitutions that received a grant under this sec-
21 tion; and
22 (C) emerging research areas of interest to
23 the Department of Defense conducted by eligi-
24 ble institutions that received a grant under this
25 section.
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1 (6) TERMINATION.—The authority of the Sec-
2 retary to award grants under the pilot program es-
3 tablished by this section shall terminate 10 years
4 after the date on which the Secretary establishes
5 such program.
6 (7) REPORT TO CONGRESS.—Not later than
7 180 days after the termination of the pilot program
8 under paragraph (6), the Secretary shall prepare
9 and submit a report to the Committees on Armed
10 Services of the Senate and the House of Representa-
11 tives on the pilot program that includes the fol-
12 lowing:
13 (A) An analysis of the growth in very high
14 research activity status indicators of eligible in-
15 stitutions that received a grant under this sec-
16 tion.
17 (B) An evaluation on the effectiveness of
18 the program in increasing the research capacity
19 of eligible institutions that received a grant
20 under this section.
21 (C) An description of how institutions that
22 have achieved very high research activity status
23 plan to sustain that status beyond the duration
24 of the program.
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1 (D) An evaluation of the maintenance of
2 very high research status by eligible institutions
3 that received a grant under this section.
4 (E) An evaluation of the effectiveness of
5 the program in increasing the diversity of stu-
6 dents conducting high quality research in
7 unique areas.
8 (F) Recommendations with respect to fur-
9 ther activities and investments necessary to ele-
10 vate the research status of historically Black
11 colleges and universities and other minority-
12 serving institutions.
13 (G) Recommendations on whether the pro-
14 gram established under this section should be
15 renewed or expanded.
16 (c) CONSULTATION.—In designing the program
17 under this section, the Secretary of Defense may consult
18 with the President’s Board of Advisors on historically
19 Black colleges and universities.
20 (d) DEFINITIONS.—In this section:
21 (1) The term ‘‘eligible institution’’ means a his-
22 torically Black college or university or other minor-
23 ity-serving institution that is classified as a high re-
24 search activity status institution at the time of appli-
25 cation for a grant under subsection (b).
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1 (2) The term ‘‘high research activity status’’
2 means R2 status, as classified by the Carnegie Clas-
3 sification of Institutions of Higher Education.
4 (3) The term ‘‘historically Black college or uni-
5 versity’’ has the meaning given the term ‘‘part B in-
6 stitution’’ under section 322 of the Higher Edu-
7 cation Act of 1965 (20 U.S.C. 1061).
8 (4) The term ‘‘other minority-serving institu-
9 tion’’ means an institution of higher education speci-
10 fied in paragraphs (2) through (7) of section 371(a)
11 of the Higher Education Act of 1965 (20 U.S.C.
12 1067q(a)).
13 (5) The term ‘‘Secretary’’ means the Secretary
14 of Defense.
15 (6) The term ‘‘very high research activity sta-
16 tus’’ means R1 status, as classified by the Carnegie
17 Classification of Institutions of Higher Education.
18 (7) The term ‘‘very high research activity status
19 indicators’’ means the categories used by the Car-
20 negie Classification of Institutions of Higher Edu-
21 cation to delineate which institutions have very high
22 activity status, including—
23 (A) annual expenditures in science and en-
24 gineering;
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1 (B) per-capita (faculty member) expendi-
2 tures in science and engineering;
3 (C) annual expenditures in non-science and
4 engineering fields;
5 (D) per-capita (faculty member) expendi-
6 tures in non-science and engineering fields;
7 (E) doctorates awarded in science, tech-
8 nology, engineering, and mathematics fields;
9 (F) doctorates awarded in social science
10 fields;
11 (G) doctorates awarded in the humanities;
12 (H) doctorates awarded in other fields with
13 a research emphasis;
14 (I) total number of research staff including
15 postdoctoral researchers;
16 (J) other doctorate-holding non-faculty re-
17 searchers in science and engineering and per-
18 capita (faculty) number of doctorate-level re-
19 search staff including post-doctoral researchers;
20 and
21 (K) other categories utilized to determine
22 classification.
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1 SEC. 220. PILOT PROGRAM TO SUPPORT THE DEVELOP-
2 MENT OF PATENTABLE INVENTIONS IN THE
3 DEPARTMENT OF THE NAVY.
4 (a) IN GENERAL.—Beginning not later than 120
5 days after the date of the enactment of this Act, the Sec-
6 retary of the Navy shall carry out a pilot program to ex-
7 pand the support available to covered personnel who seek
8 to engage in the development of patentable inventions
9 that—
10 (1) have applicablity to the job-related functions
11 of such personnel; and
12 (2) may have applicability in the civilian sector.
13 (b) ACTIVITIES.—As part of the pilot program under
14 subsection (a), the Secretary of the Navy shall—
15 (1) expand outreach to covered personnel re-
16 garding the availability of patent-related training,
17 legal assistance, and other support for personnel in-
18 terested in developing patentable inventions;
19 (2) expand the availability of patent-related
20 training to covered personnel, including by making
21 such training available online;
22 (3) clarify and issue guidance detailing how
23 covered personnel, including personnel outside of the
24 laboratories and other research organizations of the
25 Department of the Navy, may—
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1 (A) seek and receive support for the devel-
2 opment of patentable inventions; and
3 (B) receive a portion of any royalty or
4 other payment as an inventor or coinventor
5 such as may be due under section
6 14(a)(1)(A)(i) of the Stevension-Wylder Tech-
7 nology Innovation Act of 1980 (15 U.S.C.
8 3710c(a)(1)(A)(i)); and
9 (4) carry out other such activities as the Sec-
10 retary determines appropriate in accordance with the
11 purposes of the pilot program.
12 (c) TERMINATION.—The authority to carry out the
13 pilot program under subsection (a) shall terminate three
14 years after the date of the enactment of this Act.
15 (d) DEFINITIONS.—In this section:
16 (1) The term ‘‘covered personnel’’ means mem-
17 bers of the Navy and Marine Corps and civilian em-
18 ployees of the Department of the Navy, including
19 members and employees whose primary duties do
20 not involve research and development.
21 (2) The term ‘‘patentable invention’’ means an
22 invention that is patentable under title 35, United
23 States Code.
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1 SEC. 221. PILOT PROGRAM TO FACILITATE THE RESEARCH,
2 DEVELOPMENT, AND PRODUCTION OF AD-
3 VANCED BATTERY TECHNOLOGIES FOR
4 WARFIGHTERS.
5 (a) ESTABLISHMENT.—The Secretary of Defense
6 shall carry out a pilot program to be known as the ‘‘Amer-
7 ican Sustainable Battery Production Technologies Pro-
8 gram’’ (referred to in this section as the ‘‘Program’’).
9 Under the Program, the Secretary shall seek to award as-
10 sistance to eligible entities to facilitate the research, devel-
11 opment, and production of electric battery technologies
12 that may be useful for defense-related purposes.
13 (b) COORDINATION WITH RELATED PROGRAMS.—
14 The Secretary of Defense shall ensure that activities under
15 the Program are coordinated with—
16 (1) the Strategic Environmental Research and
17 Development Program under section 2901 of title
18 10, United States Code; and
19 (2) the Department of Energy, including by
20 taking into consideration the potential military ap-
21 plication of battery technologies developed by entities
22 awarded grants by the Department under section
23 40207 of the Infrastructure Investment and Jobs
24 Act (Public law 117–58; 42 U.S.C. 18741).
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1 (c) PROGRAM ACTIVITIES.—Under the Program, the
2 Secretary of Defense shall seek to award assistance to eli-
3 gible entities—
4 (1) to conduct research and development into
5 electric battery technologies and any associated man-
6 ufacturing and production needs;
7 (2) to expand the battery recycling capabilities
8 of the Department of Defense;
9 (3) to reduce the reliance of the Department of
10 Defense on foreign competitors for critical materials
11 and technologies, including rare earth materials; and
12 (4) to transition battery technologies, including
13 technologies developed from other pilot programs,
14 prototype projects, or other research and develop-
15 ment programs, from the prototyping phase to pro-
16 duction.
17 (d) FORM OF ASSISTANCE.—Assistance awarded to
18 an eligible entity under the Program may consist of a
19 grant, a contract, a cooperative agreement, other trans-
20 action, or such other form of assistance as the Secretary
21 of Defense considers appropriate.
22 (e) PRIORITY CONSIDERATION.—In awarding assist-
23 ance to eligible entities under the Program, the Secretary
24 of Defense shall give priority to entities that—
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1 (1) are located in and operate in the United
2 States, including any manufacturing operations;
3 (2) are owned by a United States entity; and
4 (3) deploy North American-owned intellectual
5 property and content.
6 (f) DATA COLLECTION.—The Secretary of Defense
7 shall collect and analyze data on the Program for the pur-
8 poses of—
9 (1) developing and sharing best practices for
10 achieving the objectives of the Program;
11 (2) providing information to the Secretary on
12 the implementation of the Program, and related pol-
13 icy issues; and
14 (3) reporting to the congressional defense com-
15 mittees in accordance with subsection (h).
16 (g) TERMINATION.—The Program shall terminate on
17 the date that is six years after the date of the enactment
18 of this Act.
19 (h) REPORTS.—
20 (1) ANNUAL REPORTS.—Not later than one
21 year after the date of the enactment of this Act and
22 annually thereafter until the date on which the Pro-
23 gram terminates under subsection (g), the Secretary
24 of Defense shall submit to the appropriate congres-
25 sional committees a report on the use of funds under
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1 the Program. Each report shall include the fol-
2 lowing:
3 (A) An explanation of whether and to what
4 extent the assistance awarded to eligible entities
5 under the Program met mission requirements
6 during the period covered by the report, includ-
7 ing—
8 (i) the value of the assistance award-
9 ed, including the value of each grant, con-
10 tract, cooperative agreement, other trans-
11 action, or other form of assistance; and
12 (ii) a description of the research, tech-
13 nology, or capabilities funded with such as-
14 sistance.
15 (B) A description of any research, tech-
16 nology, or capabilities being tested under the
17 Program as of the date of the report together
18 with an explanation of how the Secretary has
19 applied, or expects to apply, such research,
20 technology, or capabilities within the Depart-
21 ment of Defense.
22 (2) FINAL REPORT.—Not later than one year
23 after the date on which the Program terminates
24 under subsection (g), the Secretary of Defense shall
25 submit to the appropriate congressional committees
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1 a final report on the results of the Program. Such
2 report shall include—
3 (A) a summary of the objectives achieved
4 by the Program; and
5 (B) recommendations regarding the steps
6 that may be taken to promote battery tech-
7 nologies that are not dependent on foreign com-
8 petitors to meet the needs of the Armed Forces.
9 (i) DEFINITIONS.—In this section:
10 (1) The term ‘‘appropriate congressional com-
11 mittees’’ means—
12 (A) the congressional defense committees;
13 (B) the Committee on Energy and Com-
14 merce and the Committee on Science, Space,
15 and Technology of the House of Representa-
16 tives; and
17 (C) the Committee on Energy and Natural
18 Resources and the Committee on Commerce,
19 Science, and Transportation of the Senate.
20 (2) The term ‘‘eligible entity’’ means a battery
21 producer or other entity involved in the battery pro-
22 duction supply chain.
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1 SEC. 222. PILOT PROGRAM ON RESEARCH AND DEVELOP-
2 MENT OF PLANT-BASED PROTEIN FOR THE
3 NAVY.
4 (a) ESTABLISHMENT.—Not later than March 1,
5 2023, the Secretary of the Navy shall establish and carry
6 out a pilot program to offer plant-based protein options
7 at forward operating bases for consumption by members
8 of the Navy.
9 (b) LOCATIONS.—Not later than March 1, 2023, the
10 Secretary shall identify not fewer than two naval facilities
11 to participate in the pilot program and shall prioritize fa-
12 cilities (such as Joint Region Marianas, Guam, Navy Sup-
13 port Facility, Diego Garcia, and U.S. Fleet Activities
14 Sasebo, Japan) where livestock-based protein options may
15 be costly to obtain or store.
16 (c) AUTHORITIES.—In establishing and carrying out
17 the pilot program under subsection (a), the Secretary of
18 the Navy may use the following authorities:
19 (1) The authority to carry out research and de-
20 velopment projects under section 4001 of title 10,
21 United States Code.
22 (2) The authority to enter into transactions
23 other than contracts and grants under section 4021
24 of such title.
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1 (3) The authority to enter into cooperative re-
2 search and development agreements under section
3 4026 of such title.
4 (d) RULE OF CONSTRUCTION.—Nothing in this Act
5 shall be construed to prevent offering livestock-based pro-
6 tein options alongside plant-based protein options at naval
7 facilities identified under subsection (b).
8 (e) TERMINATION.—The requirement to carry out the
9 pilot program established under this section shall termi-
10 nate three years after the date on which the Secretary es-
11 tablishes the pilot program required under this section.
12 (f) REPORT.—Not later than one year after the ter-
13 mination of the pilot program, the Secretary shall submit
14 to the appropriate congressional committees a report on
15 the pilot program that includes the following:
16 (1) The consumption rate of plant-based pro-
17 tein options by members of the Navy under the pilot
18 program.
19 (2) Effective criteria to increase plant-based
20 protein options at naval facilities not identified
21 under subsection (b).
22 (3) An analysis of the costs of obtaining and
23 storing plant-based protein options compared to the
24 costs of obtaining and storing livestock-based protein
25 options at selected naval facilities.
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1 (g) DEFINITIONS.—In this section:
2 (1) APPROPRIATE CONGRESSIONAL COMMIT-
3 TEES.—The term ‘‘appropriate congressional com-
4 mittees’’ means—
5 (A) the Committee on Armed Services of
6 the House of Representatives; and
7 (B) the Committee on Armed Forces of the
8 Senate.
9 (2) PLANT-BASED PROTEIN OPTIONS.—The
10 term ‘‘plant-based protein options’’ means edible
11 vegan or vegetarian meat alternative products made
12 using plant and other non-livestock-based proteins.
13 SEC. 223. ALLOWABLE USES OF FUNDS UNDER THE COM-
14 MERCIAL WEATHER DATA PILOT PROGRAM
15 OF THE AIR FORCE.
16 Funds authorized to be appropriated by this Act or
17 otherwise made available for fiscal year 2023 for the Air
18 Force for the Commercial Weather Data Pilot Program
19 may be used only for the piloting and demonstration of
20 radio occultation data for use in weather models.
21 SEC. 224. PILOT PROGRAM ON USE OF DIGITAL TWIN TECH-
22 NOLOGIES IN THE ARMED FORCES.
23 (a) IN GENERAL.—Each Secretary of a military de-
24 partment shall carry out a pilot program under which the
25 Secretary identifies, for each Armed Force under the juris-
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1 diction of such Secretary, not fewer than one and not more
2 than three new areas in which digital twin technology may
3 be implemented to improve the operations of the Armed
4 Force. To the extent practicable, consideration shall be
5 given to operations involving reduced manpower and au-
6 tonomous systems.
7 (b) REPORT.—Not later than 90 days after the date
8 of the enactment of this Act, each Secretary of a military
9 department shall submit to the congressional defense com-
10 mittees a report that includes—
11 (1) a description of each proposed area in which
12 digital twin technology may be implemented in ac-
13 cordance with subsection (a);
14 (2) a plan for such implementation; and
15 (3) an explanation of any additional funding re-
16 quired for such implementation.
17 SEC. 225. FUNDING FOR ADVANCED ABOVE WATER SEN-
18 SORS.
19 (a) INCREASE.—Notwithstanding the amounts set
20 forth in the funding tables in division D, the amount au-
21 thorized to be appropriated in section 201 for research,
22 development, test, and evaluation, Navy, as specified in
23 the corresponding funding table in section 4201, for sys-
24 tem development & demonstration, advanced above water
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1 sensors (PE 0604501N), line 129, is hereby increased by
2 $24,004,000.
3 (b) OFFSET.—Notwithstanding the amounts set forth
4 in the funding tables in division D, the amount authorized
5 to be appropriated in section 301 for operation and main-
6 tenance, Defense-wide, as specified in the corresponding
7 funding table in section 4301, for administration and serv-
8 ice-wide activities, Office of the Secretary of Defense, line
9 440, is hereby reduced by $24,004,000.
10 SEC. 226. BIOFUEL AND FUEL CELL VEHICLE RESEARCH,
11 DEVELOPMENT, AND DEMONSTRATION PRO-
12 GRAM.
13 (a) IN GENERAL.—The Secretary of Defense shall es-
14 tablish a research, development, and demonstration pro-
15 gram for a commercially viable fuel cell system that uses
16 biofuel as a fuel source for a vehicle.
17 (b) RESEARCH GOALS.—The Secretary of Defense
18 shall establish interim research and development goals
19 that will result in the demonstration of commercially via-
20 ble fuel cell systems that utilize biofuels as a fuel source,
21 including the following:
22 (1) Innovative stack designs and components,
23 including—
24 (A) catalysts;
25 (B) membranes and electrolytes;
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1 (C) interconnects;
2 (D) seals; and
3 (E) metal- or electrolyte-supported stack
4 cell designs.
5 (2) Variety of renewable energy sources, includ-
6 ing ethanol and other biomass.
7 (3) Technologies that enable fuel cell durability
8 and fuel cell durability testing.
9 (4) Systems designs and component integration
10 that optimize efficiency, cost, transient response,
11 and lifetime.
12 (c) COORDINATION.—In carrying out the activities
13 under this section, the Secretary of Defense shall coordi-
14 nate with—
15 (1) appropriate Federal agencies, including the
16 Department of Agriculture and the Department of
17 Transportation;
18 (2) National Laboratories; and
19 (3) relevant industry stakeholders, non-govern-
20 ment organizations, and trade associations.
21 SEC. 227. RADAR OBSTRUCTION RESEARCH, DEVELOP-
22 MENT, TEST, AND EVALUATION PROGRAM.
23 (a) ESTABLISHMENT.—The Secretary of Defense, in
24 conjunction with the Director of the National Weather
25 Service, the Administrator of the Federal Aviation Admin-
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1 istration, the Secretary of Commerce, and the Secretary
2 of Energy shall establish a research, development, test,
3 and evaluation program (in this Act referred to as the
4 ‘‘Program’’) to ensure the continued performance of
5 weather radar detection and prediction capabilities with
6 physical obstructions in the radar line of sight.
7 (b) REQUIREMENTS.—In carrying out the Program,
8 the Secretary of Defense, in consultation with the Inter-
9 agency Council for Advancing Meteorological Services,
10 shall—
11 (1) partner with industry, academia, Federal,
12 State, and local government entities, and any other
13 entity that the Secretary considers appropriate;
14 (2) identify and test existing or near-commer-
15 cial technologies and solutions that mitigate the po-
16 tential impact of obstructions on a weather radar;
17 (3) research additional solutions that could
18 mitigate the effects of an obstruction on weather
19 radar, including—
20 (A) signal processing algorithms;
21 (B) short-term forecasting algorithms to
22 replace contaminated data; and
23 (C) the use of dual polarization character-
24 istics in mitigating the effects of wind turbines
25 on weather radar; and
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1 (4) develop commercially viable technical miti-
2 gation solutions for obstructions to weather radar
3 capabilities.
4 (c) PRIORITY.—In carrying out the requirements de-
5 scribed in subsection (b), the Secretary of Defense shall
6 prioritize consideration of—
7 (1) multifunction phased array radar;
8 (2) the replacement of contaminated data with
9 commercial radar data;
10 (3) the utilization of data from private-sector-
11 associated meteorological towers;
12 (4) providing wind farm boundaries and consoli-
13 dated wind farm areas to display on local forecasting
14 equipment;
15 (5) installing and providing access to rain
16 gauges; and
17 (6) any other technology-based mitigation solu-
18 tion that the Director of the National Weather Serv-
19 ice determines could overcome beam blockage or
20 ghost echoes.
21 (d) TERMINATION.—The authority of the Secretary
22 of Defense to carry out the Program shall terminate on
23 the earlier of—
24 (1) September 30, 2026; or
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1 (2) 1 year after date on which the final rec-
2 ommendation required by subsection (e)(2) is sub-
3 mitted by the Secretary.
4 (e) REPORT; RECOMMENDATION.—
5 (1) IN GENERAL.—Not later than 2 years after
6 the date of enactment of this section, and annually
7 thereafter until the Program terminates pursuant to
8 subsection (d), the Secretary of Defense shall submit
9 to Congress a report on the implementation of the
10 Program, including an evaluation of each tech-
11 nology-based mitigation solution identified for pri-
12 ority consideration in subsection (c), and a rec-
13 ommendation regarding additional identification and
14 testing of new technologies based on such consider-
15 ation.
16 (2) FINAL RECOMMENDATION.—Not later than
17 5 years after the date of enactment of this section,
18 the Secretary of Defense shall provide to Congress
19 a recommendation on whether additional research,
20 testing, and development through the Program es-
21 tablished by subsection (a) is needed, and a deter-
22 mination of whether a cessation of field research, de-
23 velopment, testing, and evaluation is appropriate.
24 (f) DEFINITIONS.—In this section:
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1 (1) BEAM BLOCKAGE.—The term ‘‘beam block-
2 age’’ means a signal that is partially or fully blocked
3 due to an obstruction.
4 (2) GHOST ECHO.—The term ‘‘ghost echo’’
5 means radar signal reflectivity or velocity return er-
6 rors in radar data due to the close proximity of an
7 obstruction.
8 (3) OBSTRUCTION.—The term obstruction in-
9 cludes—
10 (A) a wind turbine that could limit the ef-
11 fectiveness of a weather radar system; and
12 (B) any building that disrupts or limits the
13 effectiveness of a weather radar system.
14 SEC. 228. FUNDING FOR RESEARCH AND DEVELOPMENT
15 RELATING TO RARE EARTH ELEMENTS.
16 (a) INCREASE.—Notwithstanding the amounts set
17 forth in the funding tables in division D, the amount au-
18 thorized to be appropriated for the National Defense
19 Stockpile Transaction Fund, as specified the funding table
20 in section 4501, is hereby increased by $2,000,000 (with
21 the amount of such increase to be used strengthen and
22 implement the domestic industrial base for rare earth
23 metallization related to permanent magnet production and
24 related projects).
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1 (b) OFFSET.—Notwithstanding the amounts set forth
2 in the funding tables in division D, the amount authorized
3 to be appropriated in section 201 for research, develop-
4 ment, test, and evaluation, Army, as specified in the cor-
5 responding funding table in section 4201, for system de-
6 velopment & demonstration, integrated personnel and pay
7 system-Army (IPPS-A) (PE 0605018A), line 123, is here-
8 by reduced by $2,000,000.
9 SEC. 229. FUNDING FOR NATIONAL DEFENSE EDUCATION
10 PROGRAM.
11 (a) INCREASE.—Notwithstanding the amounts set
12 forth in the funding tables in division D, the amount au-
13 thorized to be appropriated in section 201 for research,
14 development, test, and evaluation, Defense-wide, as speci-
15 fied in the corresponding funding table in section 4201,
16 for basic research, National Defense Education Program,
17 line 006, is hereby increased by $5,000,000.
18 (b) OFFSET.—Notwithstanding the amounts set forth
19 in the funding tables in division D, the amount authorized
20 to be appropriated in section 301 for operation and main-
21 tenance, Defense-wide, as specified in the corresponding
22 funding table in section 4301, for administration and serv-
23 ice-wide activities, Washington Headquarters Services,
24 line 500, is hereby reduced by $5,000,000.
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1 SEC. 229A. FUNDING FOR HIGH ENERGY LASER AND CER-
2 TAIN EMERGING TECHNOLOGY INITIATIVES.
3 (a) FUNDING FOR HIGH ENERGY LASER.—
4 (1) INCREASE.—Notwithstanding the amounts
5 set forth in the funding tables in division D, the
6 amount authorized to be appropriated in section 201
7 for research, development, test, and evaluation,
8 Army, as specified in the corresponding funding
9 table in section 4201, for advanced technology devel-
10 opment, air and missile defense advanced technology
11 (PE 0603466A), line 048, Counter-Unmanned Aer-
12 ial Systems Palatized-High Energy Laser is hereby
13 increased by $25,000,000.
14 (2) OFFSET.—Notwithstanding the amounts set
15 forth in the funding tables in division D, the amount
16 authorized to be appropriated in section 201 for re-
17 search, development, test, and evaluation, Army, as
18 specified in the corresponding funding table in sec-
19 tion 4201, for advanced technology development, air
20 and missile defense advanced technology (PE
21 0603466A), line 048, Program Increase is hereby
22 reduced by $25,000,000.
23 (b) FUNDING FOR EMERGING TECHNOLOGY INITIA-
24 TIVES.—
25 (1) INCREASE.—Notwithstanding the amounts
26 set forth in the funding tables in division D, the
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1 amount authorized to be appropriated in section 201
2 for research, development, test, and evaluation,
3 Army, as specified in the corresponding funding
4 table in section 4201, for system development &
5 demonstration, emerging technology initiatives (PE
6 0605054A), line 136, Program Increase (10kw-50kw
7 DE-MSHORAD) is hereby increased by
8 $70,000,000.
9 (2) OFFSET.—Notwithstanding the amounts set
10 forth in the funding tables in division D, the amount
11 authorized to be appropriated in section 201 for re-
12 search, development, test, and evaluation, Army, as
13 specified in the corresponding funding table in sec-
14 tion 4201, for system development & demonstration,
15 emerging technology initiatives (PE 0605054A), line
16 136, Program increase (10kw–50kw DE-
17 MSHORAD) and C-UAS P-HEL is hereby reduced
18 by $70,000,000.
19 SEC. 229B. DEPARTMENT OF DEFENSE ADVANCED TECH-
20 NOLOGY INVESTMENT INCENTIVE PILOT
21 PROGRAM.
22 (a) ESTABLISHMENT.—
23 (1) IN GENERAL.—Subject to the availability of
24 appropriations for this purpose, the Secretary of De-
25 fense shall carry out a pilot program to accelerate
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1 the development of advanced technology for national
2 security by creating incentives for trusted private
3 capital in domestic small businesses or nontradi-
4 tional businesses that are developing technology that
5 the Secretary considers necessary to support the
6 modernization of the Department of Defense and
7 national security priorities.
8 (2) PURPOSES.—The purposes of the pilot pro-
9 gram required by this subsection are as follows:
10 (A) To promote the global superiority of
11 the United States in advanced technologies of
12 importance to national security, which are not
13 adequately supported by private sector invest-
14 ment.
15 (B) To accelerate the transition and de-
16 ployment of advanced technologies into the
17 Armed Forces.
18 (C) To support Department spending
19 through a loan guarantee to accelerate develop-
20 ment of advanced technology as described in
21 paragraph (1).
22 (b) PUBLIC-PRIVATE PARTNERSHIP.—
23 (1) IN GENERAL.—In carrying out subsection
24 (a), the Secretary shall enter into a public-private
25 partnership with one or more persons using criteria
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1 that the Secretary shall establish for purposes of
2 this subsection.
3 (2) CRITERIA.—The criteria established under
4 paragraph (1) for entering into a public-private
5 partnership with a person shall include the following:
6 (A) The person shall be independent.
7 (B) The person shall be free from foreign
8 oversight, control, influence, or beneficial own-
9 ership.
10 (C) The person shall have commercial pri-
11 vate capital fund experience with technology de-
12 velopment in the defense and commercial sec-
13 tors.
14 (D) The person shall be eligible for access
15 to classified information (as defined in the pro-
16 cedures established pursuant to section 801(a)
17 of the National Security Act of 1947 (50
18 U.S.C. 3161(a))).
19 (3) OPERATING AGREEMENT.—The Secretary
20 and a person with whom the Secretary enters a part-
21 nership under paragraph (1) shall enter into an op-
22 erating agreement that sets forth the roles, respon-
23 sibilities, authorities, reporting requirements, and
24 governance framework for the partnership and its
25 operations.
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1 (c) INVESTMENT OF EQUITY.—
2 (1) Pursuant to a public-private partnership en-
3 tered into under subsection (c), a person with whom
4 the Secretary has entered the partnership shall in-
5 vest equity in domestic small businesses or nontradi-
6 tional businesses consistent with subsection (a).
7 (2) Investments under paragraph (1) shall be
8 selected based on their technical merit, economic
9 considerations, and ability to support modernization
10 goals of the Department.
11 (d) BRIEFINGS AND REPORTS.—
12 (1) INITIAL BRIEFING AND REPORT.—Not later
13 than one year after the date of the enactment of this
14 Act, the Secretary shall provide to the congressional
15 defense committees a briefing on the implementation
16 of this section and a report on the feasibility of im-
17 plementing loan guarantees to enhance the effective-
18 ness of the pilot program under subsection (a), in-
19 cluding—
20 (A) a detailed description of how loan
21 guarantees would be vetted, approved, and
22 managed, including mechanisms to protect the
23 government’s interests; and
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1 (B) how such loan guarantees would be co-
2 ordinated with other government invest mecha-
3 nisms or other private sector financing.
4 (2) FINAL BRIEFING.—Not later than five years
5 after the date of the enactment of this Act, the Sec-
6 retary shall provide to the congressional defense
7 committees a briefing on the outcomes of the pilot
8 program under subsection (a) and the feasibility and
9 advisability of making it permanent.
10 (e) TERMINATION.—The authority to carry out the
11 pilot program under subsection (a) shall terminate on the
12 date that is five years after the date of the enactment of
13 this Act.
14 (f) DEFINITIONS.—In this section:
15 (1) The term ‘‘domestic business’’ has the
16 meaning given the term ‘‘U.S. business’’ in section
17 800.252 of title 31, Code of Federal Regulations, or
18 successor regulation.
19 (2) The term ‘‘domestic small businesses or
20 nontraditional businesses’’ means—
21 (A) a small businesses that is a domestic
22 business; or
23 (B) a nontraditional business that is a do-
24 mestic business.
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1 (3) The term ‘‘free from foreign oversight, con-
2 trol, influence, or beneficial ownership’’, with respect
3 to a person, means a person who has not raised and
4 managed capital from a person or entity that is not
5 trusted and is otherwise free from foreign oversight,
6 control, influence, or beneficial ownership.
7 (4) The term ‘‘independent’’, with respect to a
8 person, means a person who lacks a conflict of inter-
9 est accomplished by not having entity or manager
10 affiliation or ownership with an existing fund.
11 (5) The term ‘‘nontraditional business’’ has the
12 meaning given the term ‘‘nontraditional defense con-
13 tractors’’ in section 3014 of title 10, United States
14 Code.
15 (6) The term ‘‘small business’’ has the meaning
16 given the term ‘‘small business concern’’ in section
17 3 of the Small Business Act (15 U.S.C. 632).
18 SEC. 229C. FUNDING FOR DEVELOPMENT OF MEASURES TO
19 PREVENT INFECTIONS CAUSED BY SEVERE
20 FRACTURES.
21 (a) INCREASE.—Notwithstanding the amounts set
22 forth in the funding tables in division D, the amount au-
23 thorized to be appropriated in section 201 for research,
24 development, test, and evaluation, Army, as specified in
25 the corresponding funding table in section 4201, for ad-
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1 vanced technology development, medical advanced tech-
2 nology (PE 0603002A), line 027, is hereby increased by
3 $5,000,000 (with the amount of such increase to be used
4 to support the development of procedures and tools to pre-
5 vent infections in members of the Armed Forces who expe-
6 rience severe bone fractures).
7 (b) OFFSET.—Notwithstanding the amounts set forth
8 in the funding tables in division D, the amount authorized
9 to be appropriated in section 301 for operation and main-
10 tenance, Defense-wide, as specified in the corresponding
11 funding table in section 4301, for administration and serv-
12 ice-wide activities, Office of the Secretary of Defense, line
13 440, is hereby reduced by $5,000,000.
14 SEC. 229D. FUNDING FOR RESEARCH INTO THE EFFECTS
15 OF HEAD-SUPPORTED MASS ON CERVICAL
16 SPINE HEALTH.
17 (a) INCREASE.—Notwithstanding the amounts set
18 forth in the funding tables in division D, the amount au-
19 thorized to be appropriated in section 201 for research,
20 development, test, and evaluation, Army, as specified in
21 the corresponding funding table in section 4201, for ad-
22 vanced technology development, medical advanced tech-
23 nology (PE 0603002A), line 027, is hereby increased by
24 $5,000,000 (with the amount of such increase to be used
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1 to support the advancement of research into the effects
2 of head-supported mass on cervical spine health).
3 (b) OFFSET.—Notwithstanding the amounts set forth
4 in the funding tables in division D, the amount authorized
5 to be appropriated in section 301 for operation and main-
6 tenance, Defense-wide, as specified in the corresponding
7 funding table in section 4301, for administration and serv-
8 ice-wide activities, Office of the Secretary of Defense, line
9 440, is hereby reduced by $5,000,000.
10 SEC. 229E. REQUIREMENT FOR SEPARATE PROGRAM ELE-
11 MENT FOR THE MULTI-MEDICINE MANUFAC-
12 TURING PLATFORM PROGRAM.
13 (a) SENSE OF CONGRESS.—It is the sense of Con-
14 gress that—
15 (1) Congress has maintained a strong interest
16 in critical materials subject to significant supply
17 chain disruptions, particularly those for which the
18 predominant supply sources are potential adver-
19 saries;
20 (2) as a result, Congress wishes to increase
21 transparency regarding funding and progress of the
22 multi-medicine manufacturing platform program of
23 the Office of Naval Research; and
24 (3) that program’s unique manufacturing plat-
25 form will ensure that members of the armed forces
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1 have access to essential medicines, particularly for
2 those deployed, whether on land or at sea.
3 (b) PROGRAM ELEMENT REQUIRED.—In the mate-
4 rials submitted by the Secretary of the Navy in support
5 of the budget of the President for fiscal year 2025 and
6 each fiscal year thereafter (as submitted to Congress pur-
7 suant to section 1105 of title 31, United States Code),
8 the Secretary shall include a separate program element for
9 the multi-medicine manufacturing platform program
10 under the accounts of the Office of Naval Research.
11 Subtitle C—Plans, Reports, and
12 Other Matters
13 SEC. 231. MODIFICATION OF NATIONAL SECURITY STRAT-
14 EGY FOR NATIONAL TECHNOLOGY AND IN-
15 DUSTRIAL BASE.
16 Section 4811(a) of title 10, United States Code, is
17 amended by adding at the end the following new para-
18 graph:
19 ‘‘(12) Providing for the research and develop-
20 ment of sustainable and secure food sources, includ-
21 ing food innovation and alternative protein develop-
22 ment, in consultation with the Secretary of Agri-
23 culture.’’.
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1 SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS
2 AGENCY INNOVATION FELLOWSHIP PRO-
3 GRAM.
4 (a) IN GENERAL.—The Director of the Defense Ad-
5 vanced Research Projects Agency shall develop a plan for
6 the establishment of a fellowship program (to be known
7 as the ‘‘Innovation Fellowship Program’’) to expand op-
8 portunities for early career scientists to participate in the
9 programs, projects, and other activities of the Agency.
10 (b) ELEMENTS.—In developing the plan under sub-
11 section (a), the Director of the Defense Advanced Re-
12 search Projects Agency shall—
13 (1) review the programs, projects, and other ac-
14 tivities of the Agency that are open to participation
15 from early career scientists to identify opportunities
16 for the expansion of such participation;
17 (2) conduct an assessment of the potential costs
18 of the fellowship program described in subsection
19 (a);
20 (3) establish detailed plans for the implementa-
21 tion of the fellowship program;
22 (4) define eligibility requirements for partici-
23 pants in the fellowship program;
24 (5) identify criteria for evaluating applicants to
25 the fellowship program; and
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1 (6) address such other matters as the Director
2 determines appropriate.
3 (c) SUBMITTAL TO CONGRESS.—Not later than 180
4 days after the date of the enactment of this Act, the Direc-
5 tor of the Defense Advanced Research Projects Agency
6 shall submit to the congressional defense committee a re-
7 port that includes—
8 (1) the plan developed under subsection (a);
9 and
10 (2) recommendations for expanding opportuni-
11 ties for early career scientists to participate in the
12 programs, projects, and other activities of the Agen-
13 cy.
14 SEC. 233. REPORT ON EFFORTS TO INCREASE THE PARTICI-
15 PATION OF HISTORICALLY BLACK COLLEGES
16 AND UNIVERSITIES AND OTHER MINORITY-
17 SERVING INSTITUTIONS IN THE RESEARCH
18 AND DEVELOPMENT ACTIVITIES OF THE DE-
19 PARTMENT OF DEFENSE.
20 (a) REPORT REQUIRED.—Not later than 180 days
21 after the date of the enactment of this Act, the Under
22 Secretary of Defense for Research and Engineering shall
23 submit to the congressional defense committees a report
24 on measures that may be implemented to increase the par-
25 ticipation of historically Black colleges and universities
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1 and other minority-serving institutions in the research, de-
2 velopment, test, and evaluation activities of the Depart-
3 ment of Defense.
4 (b) ELEMENTS.—The report under subsection (a)
5 shall include the following:
6 (1) A strategy for the provision of long-term in-
7 stitutional support to historically Black colleges and
8 universities and other minority-serving institutions,
9 including support for—
10 (A) the development and enhancement of
11 the physical research infrastructure of such in-
12 stitutions; and
13 (B) the research activities of such institu-
14 tions.
15 (2) An evaluation of the feasibility of expanding
16 the support provided by the Department of Defense
17 to historically Black colleges and universities and
18 other minority-serving institutions to include support
19 for the development or enhancement of grant and
20 contract administration capabilities at such institu-
21 tions.
22 (3) An evaluation of options to strengthen sup-
23 port for historically Black colleges and universities
24 and other minority-serving institutions within the
25 military departments and other organizations and
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1 elements of the Department, including an evaluation
2 of the need for and feasibility of establishing dedi-
3 cated organizations within the Army, Navy, Marine
4 Corps, Air Force, and Space Force to increase en-
5 gagement with such institutions.
6 (4) A review of the adequacy of the level of
7 staffing within the Department that is dedicated to
8 engagement with historically Black colleges and uni-
9 versities and other minority-serving institutions.
10 (5) A plan to improve data collection and eval-
11 uation with respect to historically Black colleges and
12 universities and other minority-serving institutions,
13 including—
14 (A) harmonization of standards with re-
15 spect to the type, detail, and organization of
16 data on such institutions;
17 (B) improving the completeness of data
18 submissions regarding such institutions;
19 (C) improving the retention of data on
20 such institutions across the Department;
21 (D) additional data collection specific to
22 such institutions, including data on—
23 (i) the rates at which such institutions
24 submit proposals for grants and contracts
25 from the Department, the success rates of
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1 such proposals, and feedback regarding
2 such proposals;
3 (ii) the total number of grants and
4 contracts for which such institutions are
5 eligible to apply and the number of appli-
6 cations received from such institutions for
7 such grants and contracts; and
8 (iii) formal feedback mechanisms for
9 rejected proposals from first-time appli-
10 cants from such institutions; and
11 (E) as necessary, promulgation of addi-
12 tional or modified regulations, instructions, or
13 guidance regarding the collection, evaluation,
14 and retention of data on such institutions.
15 (6) Identification of the types of research facili-
16 ties, personnel, capabilities, and subject areas that
17 are in-demand within the Department so that his-
18 torically Black colleges and universities and other
19 minority-serving institutions may prioritize invest-
20 ment in those types of facilities, personnel, capabili-
21 ties, and subject areas as appropriate.
22 (7) Identification of metrics that may be used
23 to evaluate, track, and improve the competitiveness
24 of historically Black colleges and universities and
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1 other minority-serving institutions for grants and
2 contracts with the Department.
3 (8) An evaluation of options to implement cri-
4 teria for the award of grants and contracts that as-
5 sign value to the inclusion of historically Black col-
6 leges and universities and other minority-serving in-
7 stitutions as research partners, including such mech-
8 anisms as weighted grant solicitation evaluation cri-
9 teria and longer periods of performance to allow for
10 capacity-building within such institutions.
11 (9) An evaluation of options to incentivize the
12 defense industry to support capacity building within
13 historically Black colleges and universities and other
14 minority-serving institutions, including through the
15 incentivization of independent research and develop-
16 ment or other activities.
17 (10) A plan to compile and maintain data re-
18 garding institutions of higher education, including
19 historically Black colleges and universities and other
20 minority-serving institutions, that receive funding
21 from departments and agencies of the Federal Gov-
22 ernment outside the Department of Defense.
23 (11) A review of the programs and practices of
24 departments and agencies of the Federal Govern-
25 ment outside the Department of Defense relevant to
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1 increasing research capacity at historically Black col-
2 leges and universities and other minority-serving in-
3 stitutions for purposes of—
4 (A) the potential adoption of best practices
5 within the Department;
6 (B) the identification of opportunities to
7 leverage the research capacity of such institu-
8 tions; and
9 (C) increasing the level of collaboration be-
10 tween the Department and such institutions.
11 (12) Recommendations for the modification or
12 expansion of the workforce development programs of
13 the Department, including fellowships and intern-
14 ships, to increase the proportion of the workforce
15 hired from historically Black colleges and univer-
16 sities and other minority-serving institutions.
17 (13) Such other recommendations as the Under
18 Secretary of Defense for Research and Engineering
19 determines appropriate.
20 (14) A plan for the implementation of the rec-
21 ommendations included in the report, as appro-
22 priate, including an explanation of any additional
23 funding, authorities, or organizational changes need-
24 ed for the implementation of such recommendations.
25 (c) DEFINITIONS.—In this section:
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1 (1) The term ‘‘historically Black college or uni-
2 versity’’ means a part B institution (as defined in
3 section 322 of the Higher Education Act of 1965
4 (20 U.S.C. 1061)).
5 (2) The term ‘‘institution of higher education’’
6 has the meaning given that term in section 101 of
7 the Higher Education Act of 1932 (20 U.S.C.
8 1001).
9 (3) The term ‘‘other minority-serving institu-
10 tion’’ means an institution of higher education speci-
11 fied in paragraphs (2) through (7) of section 371(a)
12 of the Higher Education Act of 1965 (20 U.S.C.
13 1067q(a)).
14 (d) REPORT ON IMPLEMENTATION.—Not later than
15 180 days after the date of the submission of the report
16 under subsection (a), the Under Secretary of Defense for
17 Research and Engineering shall submit to the congres-
18 sional defense committees a report on the progress of the
19 Under Secretary in implementing measures to increase the
20 participation of historically Black colleges and universities
21 and other minority-serving institutions in the research, de-
22 velopment, test, and evaluation activities of the Depart-
23 ment of Defense, as identified in the report under sub-
24 section (a).
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1 SEC. 234. ASSESSMENT OF TEST INFRASTRUCTURE AND
2 PRIORITIES RELATED TO HYPERSONIC CAPA-
3 BILITIES AND RELATED TECHNOLOGIES AND
4 HYPERSONIC TEST STRATEGY.
5 (a) ASSESSMENT.—The Secretary of Defense shall
6 assess the capacity of the Department of Defense to test,
7 evaluate, and qualify the hypersonic capabilities and re-
8 lated technologies of the Department.
9 (b) ELEMENTS.—The assessment under subsection
10 (a) shall include the following:
11 (1) An identification of facilities of other de-
12 partments and agencies of the Federal Government
13 and academia and industry testing facilities relevant
14 to the capacity described in subsection (a).
15 (2) An analysis of the capability of each test fa-
16 cility to simulate various individual and coupled
17 hypersonic conditions to accurately simulate a real-
18 istic flight-like environment with all relevant aero-
19 thermochemical conditions.
20 (3) An identification of the coordination, sched-
21 uling, reimbursement processes, and requirements
22 needed for the potential use of test facilities of other
23 departments and agencies of the Federal Govern-
24 ment, as available.
25 (4) An analysis of the test frequency, sched-
26 uling lead time, test cost, and capacity of each test
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1 facility relating to testing technologies of the De-
2 partment for hypersonic flight.
3 (5) A review of academia, contractor-owned,
4 commercial ground and flight testbeds that could en-
5 hance efforts to test flight vehicles of the Depart-
6 ment in all phases of hypersonic flight, and other
7 technologies, including sensors, communications,
8 thermal protective shields and materials, optical win-
9 dows, navigation, and environmental sensors.
10 (6) An assessment of any cost- and time-sav-
11 ings that could result from using technologies identi-
12 fied in the strategy under subsection (c).
13 (c) STRATEGY.—
14 (1) REQUIREMENT.—Not later than 180 days
15 after the date of the enactment of this Act, the Sec-
16 retary of Defense shall submit to the appropriate
17 congressional committees a strategy to coordinate
18 the potential use of test facilities and ranges of
19 other departments and agencies of the Federal Gov-
20 ernment, as available, and academia, contractor-
21 owned, commercial flight and reentry test capabili-
22 ties to evaluate hypersonic technologies.
23 (2) ELEMENTS.—The strategy under paragraph
24 (1) shall—
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1 (A) be based on the assessment under sub-
2 section (a);
3 (B) address how the Secretary will coordi-
4 nate with other departments and agencies of
5 the Federal Government, including the National
6 Aeronautics and Space Administration, to plan
7 for and schedule the potential use of other Fed-
8 eral Government-owned test facilities and
9 ranges, as available, to evaluate the hypersonic
10 technologies of the Department of Defense;
11 (C) to the extent practicable, address in
12 what cases the Secretary can use academia,
13 contractor-owned, commercial flight and reentry
14 test capabilities to fill any existing testing re-
15 quirement gaps to enhance and accelerate flight
16 qualification of critical hypersonic technologies
17 of the Department;
18 (D) identify—
19 (i) the resources needed to improve
20 the frequency and capacity for testing
21 hypersonic technologies of the Department
22 at ground-based test facilities and flight
23 test ranges;
24 (ii) the resources needed to reimburse
25 other departments and agencies of the
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1 Federal Government for the use of the test
2 facilities and ranges of those departments
3 or agencies to test the hypersonics tech-
4 nologies of the Department;
5 (iii) the requirements, approval proc-
6 esses, and resources needed to enhance, as
7 appropriate, the testing capabilities and ca-
8 pacity of other Federal Government-owned
9 test facilities and flight ranges, in coordi-
10 nation with the heads of the relevant de-
11 partments and agencies;
12 (iv) investments that the Secretary
13 can make to incorporate academia, con-
14 tractor-owned, commercial ground and
15 flight testbeds into the overall hypersonic
16 test infrastructure of the Department of
17 Defense; and
18 (v) the environmental conditions, test-
19 ing sizes, and duration required for flight
20 qualification of both hypersonic cruise and
21 hypersonic boost-glide technologies of the
22 Department; and
23 (E) address all advanced or emerging tech-
24 nologies that could shorten timelines and reduce
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1 costs for hypersonic missile testing, including
2 with respect to—
3 (i) 3D printing of hypersonic test mis-
4 sile components including the frame, war-
5 head, and propulsion systems;
6 (ii) reusable hypersonic test beds, in-
7 cluding air-sea-and ground launched op-
8 tions;
9 (iii) additive manufacturing solutions;
10 (iv) qualified airborne B–52 alter-
11 native platforms to provide improved flight
12 schedules; and
13 (v) other relevant technologies.
14 (3) COORDINATION.—The Secretary shall de-
15 velop the strategy under paragraph (1) in coordina-
16 tion with the Joint Hypersonic Transition Office, the
17 Administrator of the National Aeronautics and
18 Space Administration, the research labs of the mili-
19 tary departments, and the Defense Test Resource
20 Management Center.
21 (d) APPROPRIATE CONGRESSIONAL COMMITTEES
22 DEFINED.—The term ‘‘appropriate congressional commit-
23 tees’’ means the following:
24 (1) The congressional defense committees.
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1 (2) The Committee on Science, Space, and
2 Technology of the House of Representatives and the
3 Committee on Commerce, Science, and Transpor-
4 tation of the Senate.
5 SEC. 235. INDEPENDENT REVIEW AND ASSESSMENT OF
6 TEST AND EVALUATION RESOURCE PLAN-
7 NING.
8 (a) REVIEW AND ASSESSMENT.—Not later than 60
9 days after the date of the enactment of this Act, the Sec-
10 retary of Defense shall seek to enter into an agreement
11 with a federally funded research and development center
12 to conduct an independent review and assessment of the
13 Strategic Plan for Test Resources, as prepared by the De-
14 partment of Defense Test Resource Management Center.
15 (b) ELEMENTS.—The review and assessment under
16 subsection (a) shall include the following:
17 (1) An assessment of the adequacy of the 30-
18 year planning horizon that serves as the basis for
19 the Strategic Plan for Test Resources.
20 (2) An assessment of whether and to what ex-
21 tent prior forecasts of the test and evaluation needs
22 of the Department of Defense align with investments
23 made by the Department in test and evaluation re-
24 sources.
25 (3) An identification and assessment of—
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1 (A) any shortcomings in the infrastructure,
2 personnel, and equipment of the test and eval-
3 uation enterprise of the Department; and
4 (B) any risks that the status of such enter-
5 prise may pose with respect to the ability of the
6 Department to meet its current and future test
7 and evaluation needs.
8 (4) An assessment of whether and to what ex-
9 tent the test and evaluation efforts of the Depart-
10 ment sufficiently address software-intensive, multi-
11 domain, and continuously developed capabilities.
12 (5) Such other matters as the Secretary of De-
13 fense determines appropriate.
14 (c) REPORT REQUIRED.—Not later than 180 days
15 after the date on which the Secretary of Defense enters
16 into an agreement with a federally funded research and
17 development center under subsection (a), the center shall
18 submit to the Secretary and the congressional defense
19 committees a report on the results of the study conducted
20 under such subsection.
21 SEC. 236. STUDY ON COSTS ASSOCIATED WITH UNDERPER-
22 FORMING SOFTWARE AND INFORMATION
23 TECHNOLOGY.
24 (a) STUDY REQUIRED.—The Secretary of Defense
25 shall seek to enter into a contract with a federally funded
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1 research and development center to conduct an inde-
2 pendent study on the impacts, and challenges associated
3 with the use of software and information technology, in-
4 cluding potential solutions to such challenges.
5 (b) ELEMENTS.—The independent study conducted
6 under subsection (a) shall include the following:
7 (1) A survey of members of the Armed Forces
8 under the jurisdiction of a Secretary of a military
9 department to identify the most important software
10 and information technology challenges that result in
11 lost working hours, including an estimate of the
12 number and cost of lost working hours for each mili-
13 tary department, the impact of each challenge on re-
14 tention, and the negative impact to any mission.
15 (2) A summary of the policy or technical chal-
16 lenges that limit the ability of each Secretary of a
17 military department to implement needed software
18 and information technology reforms, based on inter-
19 views conducted with individuals who serve as chief
20 information officer (or an equivalent position) in a
21 military department.
22 (3) Recommendations to address the challenges
23 described in paragraph (1) and improve the proc-
24 esses through which the Secretary provides software
25 and information technology Departmentwide.
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1 (c) REPORT REQUIRED.—Not later than one year
2 after the date of the enactment of this Act, a federally
3 funded research and development center described in sub-
4 section (a) shall submit to the Secretary of Defense and
5 the congressional defense committees a report on any
6 independent study conducted under this section.
7 (d) SOFTWARE AND INFORMATION TECHNOLOGY DE-
8 FINED.—In this section, the term ‘‘software and informa-
9 tion technology’’ does not include embedded software and
10 information technology used for weapon systems.
11 SEC. 237. STUDY AND REPORT ON SUFFICIENCY OF TEST
12 AND EVALUATION RESOURCES FOR CERTAIN
13 MAJOR DEFENSE ACQUISITION PROGRAMS.
14 (a) STUDY.—The Director of Operational Test and
15 Evaluation of the Department of Defense shall conduct
16 a study of at least one major defense acquisition program
17 within each covered Armed Force to determine the suffi-
18 ciency of the test and evaluation resources supporting such
19 program.
20 (b) ELEMENTS.—The study under subsection (a)
21 shall include, with respect to each major defense acquisi-
22 tion program evaluated as part of the study, the following:
23 (1) Identification of the test and evaluation re-
24 sources supporting the program as of the date of the
25 study.
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1 (2) An evaluation of whether and to what ex-
2 tent such resources are sufficient to meet the needs
3 of the program assuming that test and evaluation
4 resources allocated for other purposes will not be re-
5 allocated to support the program in the future.
6 (3) If the test and evaluation resources identi-
7 fied under paragraph (1) are insufficient to meet the
8 needs of the program, an evaluation of the amount
9 of additional funding required to ensure the suffi-
10 ciency of such resources.
11 (4) The amount of Government-funded, con-
12 tractor-provided test and evaluation resources that
13 are currently provided or are planned to be provided
14 as part of the program of record.
15 (5) The future availability of any resources
16 identified under paragraph (4) for programs,
17 projects, and activities other than the major defense
18 acquisition program evaluated as part of the study.
19 (c) REPORT.—Not later than one year after the date
20 of the enactment of this Act, the Director of Operational
21 Test and Evaluation shall submit to the congressional de-
22 fense committees a report on the results of the study con-
23 ducted under subsection (a).
24 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘covered Armed Force’’ means
2 the Army, the Navy, the Marine Corps, and the Air
3 Force.
4 (2) The term ‘‘major defense acquisition pro-
5 gram’’ has the meaning given that term in section
6 4201 of title 10, United States Code.
7 SEC. 238. PERIODIC REPORTS ON RISK DISTRIBUTION
8 WITHIN RESEARCH, DEVELOPMENT, TEST,
9 AND EVALUATION ACTIVITIES.
10 (a) REPORTS REQUIRED.—In accordance with sub-
11 section (d), the Secretary of Defense, acting through the
12 Under Secretary of Defense for Research and Engineering
13 and in consultation with the Secretaries of the military
14 departments, shall submit to the congressional defense
15 committees periodic reports on the distribution of risk
16 across the covered research activities of the Department
17 of Defense.
18 (b) ELEMENTS.—Each report under subsection (a)
19 shall include, with respect to the year covered by the re-
20 port, the following:
21 (1) A list of all covered research activities of
22 the Department of Defense with each such research
23 activity designated as either—
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1 (A) research activity that is lower risk,
2 such as efforts aimed at the incremental im-
3 provement of an existing product; or
4 (B) research activity that is higher risk,
5 such as efforts aimed at the development of new
6 technology that could disrupt an entire field
7 (commonly referred to as ‘‘disruptive tech-
8 nology’’).
9 (2) An assessment of whether the distribution
10 of covered research activities among the risk cat-
11 egories described in subparagraphs (A) and (B) of
12 paragraph (1) is optimal for serving the needs of the
13 Department of Defense.
14 (3) Such other information as the Secretary of
15 Defense determines appropriate.
16 (c) COVERED RESEARCH ACTIVITY DEFINED.—In
17 this section, the term ‘‘covered research activity’’ means
18 a program, project, or other activity of the Department
19 of Defense designated as budget activity 1 (basic re-
20 search), budget activity 2 (applied research), or budget ac-
21 tivity 3 (advanced technology development), as such budg-
22 et activity classifications are set forth in volume 2B, chap-
23 ter 5 of the Department of Defense Financial Manage-
24 ment Regulation (DOD 7000.14–R).
25 (d) SUBMITTAL OF REPORTS.—
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1 (1) IN GENERAL.—The reports required under
2 subsection (a) shall be submitted as follows:
3 (A) The first such report shall be sub-
4 mitted by not later than February 1, 2023.
5 (B) A report shall be submitted at the
6 same time as each of the first three reports re-
7 quired under section 118c(e) of title 10, United
8 States Code, after the date of the enactment of
9 this Act.
10 (2) TERMINATION OF REQUIREMENT.—No re-
11 port shall be required to be submitted under this
12 section after the date of the submittal of the third
13 report under paragraph (1)(B).
14 SEC. 239. REVIEW AND REPORT ON OFFENSIVE
15 HYPERSONIC WEAPONS PROGRAMS OF THE
16 DEPARTMENT OF DEFENSE.
17 (a) REVIEW.—The Comptroller General of the United
18 States shall conduct a review of the offensive hypersonic
19 weapons programs of the Department of Defense, includ-
20 ing the Navy Conventional Prompt Strike Program, the
21 Army Long Range Hypersonic Weapon, and the Air Force
22 Air Launched Rapid Response Weapon.
23 (b) ELEMENTS.—The review under subsection (a)
24 shall address—
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1 (1) cost and schedule estimates for the fielding
2 of offensive hypersonic weapon systems, including
3 any assumptions that underpin such estimates;
4 (2) whether and to what extent the hypersonic
5 weapon systems are expect to fully achieve the re-
6 quirements originally established for such systems;
7 (3) the technological and manufacturing matu-
8 rity of the critical technologies and materials
9 planned for the systems; and
10 (4) whether and to what extent the Department
11 has pursued alternatives to the critical technologies
12 identified under paragraph (3).
13 (c) INITIAL BRIEFING.—Not later than one year
14 after the date of the enactment of this Act, the Comp-
15 troller General shall provide to the congressional defense
16 committees a briefing on the initial results of the review
17 conducted under subsection (a).
18 (d) FINAL REPORT.—Following the briefing under
19 subsection (c), on a date mutually agreed upon by the
20 Comptroller General and the congressional defense com-
21 mittees, the Comptroller General shall submit to the com-
22 mittees a report on the final results of the review con-
23 ducted under subsection (a).
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1 SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILI-
2 ZATION OF THE ELECTRONIC PROVING
3 GROUNDS TESTING RANGE.
4 (a) FINDINGS.—Congress finds the following:
5 (1) The Electronic Proving Grounds located at
6 Fort Huachuca, Arizona is unique within the De-
7 partment of Defense because of its naturally quiet
8 electromagnetic environment, its specialized facili-
9 ties, its close relationship with the Army training
10 community, and its access to the expansive real-es-
11 tate of southern Arizona.
12 (2) The Electronic Proving Grounds has access
13 to 70,000 acres at Ft. Huachuca, 23,000 acres on
14 Wilcox Dry Lake, more than 100,000 acres at Gila
15 Bend, and with prior coordination, approximately 62
16 million acres of Federal and State-owned land.
17 (3) Live electronic warfare training is not pos-
18 sible at the majority of military installations in the
19 continental United States including the National
20 Training Center.
21 (4) The Electronic Proving Grounds has the ca-
22 pacity to handle additional testing as well as the ca-
23 pability for realistic electronic warfare training
24 (b) REPORT REQUIRED.—Not later than February 1,
25 2023, the Secretary of the Army shall submit to the con-
26 gressional defense committees a report on the Electronic
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1 Proving Grounds testing range located at Fort Huachuca,
2 Arizona.
3 (c) ELEMENTS.—The report under subsection (b)
4 shall address—
5 (1) the amount and types of testing activities
6 conducted at the Electronic Proving Grounds testing
7 range;
8 (2) any shortfalls in the facilities and equip-
9 ment of the range;
10 (3) the capacity of the range to be used for ad-
11 ditional testing activities;
12 (4) the possibility of using the range for the
13 testing activities of other Armed Forces, Federal
14 agencies, and domestic companies;
15 (5) the capacity of the range to be used for re-
16 alistic electronic warfare training;
17 (6) electronic warfare training restrictions at
18 domestic military installations generally; and
19 (7) the feasibility and advisability of providing
20 a dedicated training area for electronic warfare
21 units.
22 (d) COORDINATION.—In preparing the report under
23 subsection (b), the Secretary of the Army shall coordinate
24 with the following:
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1 (1) The Director of Operational Test and Eval-
2 uation of the Department of Defense.
3 (2) The governments of Cochise County and Si-
4 erra Vista, Arizona.
5 SEC. 241. SENSE OF CONGRESS ON THE ADDITIVE MANU-
6 FACTURING AND MACHINE LEARNING INITIA-
7 TIVE OF THE ARMY.
8 It is the sense of Congress that—
9 (1) the additive manufacturing and machine
10 learning initiative of the Army has the potential to
11 accelerate the ability to deploy additive manufac-
12 turing capabilities in expeditionary settings and
13 strengthen the United States defense industrial sup-
14 ply chain; and
15 (2) Congress and the Department of Defense
16 should continue to support the additive manufac-
17 turing and machine learning initiative of the Army.
18 SEC. 242. FUNDING FOR ROBOTICS SUPPLY CHAIN RE-
19 SEARCH.
20 (a) INCREASE.—Notwithstanding the amounts set
21 forth in the funding tables in division D, the amount au-
22 thorized to be appropriated in section 201 for Research,
23 Development, Test, and Evaluation, Defense-Wide, as
24 specified in the corresponding funding table in section
25 4201, for Defense Wide Manufacturing Science and Tech-
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1 nology Program, Line 054, is hereby increased by
2 $15,000,000, for Robotics Supply Chain Research.
3 (b) OFFSET.—Notwithstanding the amounts set forth
4 in the funding tables in division D, the amount authorized
5 to be appropriated in section 201 for Army, as specified
6 in the corresponding funding table in section 4201, for
7 Integrated Personnel and Pay System Army, Line 123,
8 is hereby reduced by $15,000,000.
9 SEC. 243. FUNDING FOR ENTERPRISE DIGITAL TRANS-
10 FORMATION WITH COMMERCIAL PHYSICS
11 SIMULATION.
12 (a) INCREASE.—Notwithstanding the amounts set
13 forth in the funding tables in division D, the amount au-
14 thorized to be appropriated in section 201 for Research,
15 Development, Test, and Evaluation, Air Force, as speci-
16 fied in the corresponding funding table in section 4201,
17 for the Department of the Air Force Tech Architecture,
18 Line 040, is hereby increased by $9,000,000, for Enter-
19 prise Digital Transformation with Commercial Physics
20 Simulation.
21 (b) OFFSET.—Notwithstanding the amounts set forth
22 in the funding tables in division D, the amount authorized
23 to be appropriated in section 201 for Research, Develop-
24 ment, Test, and Evaluation, Air Force, as specified in the
25 corresponding funding table in section 4201, for Stand-
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1 In Attack Weapon, Line 096, is hereby reduced by
2 $9,000,000.
3 SEC. 244. REPORT ON NATIONAL SECURITY APPLICATIONS
4 FOR FUSION ENERGY TECHNOLOGY.
5 (a) REPORT REQUIRED.—Not later than 180 days
6 after the date of the enactment of this Act, the Secretary
7 of Defense shall submit to the congressional defense com-
8 mittees a report on potential national security applications
9 for fusion energy technology.
10 (b) ELEMENTS.—The report under subsection (a)
11 shall include—
12 (1) an evaluation of commercial fusion energy
13 technologies under development by private sector
14 companies in the United States to determine if any
15 such technologies have potential national security
16 applications;
17 (2) consideration of commercial fusion energy
18 technologies—
19 (A) that have met relevant technical mile-
20 stones:
21 (B) that are supported by substantial pri-
22 vate sector financing;
23 (C) that meet applicable requirements of
24 the Department of Defense; and
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1 (D) for which prototypes have been con-
2 structed;
3 (3) a timeline for the potential implementation
4 of fusion energy in the Department;
5 (4) a description of any major challenges to
6 such implementation; and
7 (5) recommendations to the ensure the effec-
8 tiveness of such implementation.
9 TITLE III—OPERATION AND
10 MAINTENANCE
11 Subtitle A—Authorization of
12 Appropriations
13 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
14 Funds are hereby authorized to be appropriated for
15 fiscal year 2023 for the use of the Armed Forces and other
16 activities and agencies of the Department of Defense for
17 expenses, not otherwise provided for, for operation and
18 maintenance, as specified in the funding table in section
19 4301.
20 SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES.
21 (a) INCREASE.—Notwithstanding the amounts set
22 forth in the funding tables in division D, the amount au-
23 thorized to be appropriated in section 301 for operation
24 and maintenance for Army, base operations support, line
25 110, as specified in the corresponding funding table in sec-
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1 tion 4301, is hereby increased by $20,000,000, for the
2 purpose of Army Community Services.
3 (b) OFFSET.—Notwithstanding the amounts set forth
4 in the funding tables in division D, the amount authorized
5 to be appropriated in section 301 for operation and main-
6 tenance, Army, as specified in the corresponding funding
7 table in section 4301, for Army Administration, line 450,
8 is hereby reduced by $10,000,000.
9 (c) OFFSET.—Notwithstanding the amounts set forth
10 in the funding tables in division D, the amount authorized
11 to be appropriated in section 301 for operation and main-
12 tenance, Army, as specified in the corresponding funding
13 table in section 4301, for Army Other Service Support,
14 line 490, is hereby reduced by $10,000,000.
15 Subtitle B—Energy and
16 Environment
17 SEC. 311. EQUIVALENT AUTHORITY FOR ENVIRONMENTAL
18 RESTORATION PROJECTS AT NATIONAL
19 GUARD TRAINING SITES.
20 (a) CLARIFICATION OF NATIONAL GUARD TRAINING
21 SITES.—Section 2700 of title 10, United States Code, is
22 amended by adding at the end the following new para-
23 graph:
24 ‘‘(4) The term ‘National Guard training site’
25 means a facility or site when used for the training
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1 of the National Guard pursuant to chapter 5 of title
2 32 with funds provided by the Secretary of Defense
3 or the Secretary of a military department, without
4 regard to—
5 ‘‘(A) the owner or operator of the facility
6 or site; or
7 ‘‘(B) whether the facility or site is under
8 the jurisdiction of the Department of Defense
9 or a military department.’’.
10 (b) INCLUSION UNDER DEFENSE ENVIRONMENTAL
11 RESTORATION PROGRAM.—Section 2701(a)(1) of such
12 title is amended by inserting ‘‘and at National Guard
13 training sites’’ after ‘‘at facilities under the jurisdiction
14 of the Secretary’’.
15 (c) RESPONSE ACTIONS AT NATIONAL GUARD
16 TRAINING SITES.—Section 2701(c)(1) of such title is
17 amended by adding at the end the following new subpara-
18 graph:
19 ‘‘(D) Each facility or site which was a Na-
20 tional Guard training site at the time of actions
21 leading to contamination by hazardous sub-
22 stances or pollutants or contaminants.’’.
23 (d) TECHNICAL AND CONFORMING AMENDMENTS.—
24 (1) REPEAL OF PROVISION.—Section 2707 of
25 such title is amended by striking subsection (e).
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1 (2) REFERENCE UPDATE.—Section 345(f)(1) of
2 the National Defense Authorization Act for Fiscal
3 Year 2022 (Public Law 117–81; 135 Stat. 1646; 10
4 U.S.C. 2715 note) is amended by striking ‘‘facility
5 where military activities are conducted by the Na-
6 tional Guard of a State pursuant to section 2707(e)
7 of title 10, United States Code’’ and inserting ‘‘Na-
8 tional Guard training site, as such term is defined
9 in section 2700 of title 10, United States Code’’.
10 SEC. 312. AMENDMENT TO BUDGETING OF DEPARTMENT
11 OF DEFENSE RELATING TO EXTREME WEATH-
12 ER.
13 Section 328(a) of the National Defense Authorization
14 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
15 221 note) is amended—
16 (1) in paragraph (1), by striking ‘‘; and’’ and
17 inserting a semicolon;
18 (2) in paragraph (2), by striking the period at
19 the end and inserting ‘‘; and’’; and
20 (3) by inserting after paragraph (2) the fol-
21 lowing:
22 ‘‘(3) a calculation of the annual costs to the
23 Department for assistance provided to—
24 ‘‘(A) the Federal Emergency Management
25 Agency or Federal land management agencies—
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1 ‘‘(i) pursuant to requests for such as-
2 sistance; and
3 ‘‘(ii) approved under the National
4 Interagency Fire Center; and
5 ‘‘(B) any State, Territory, or possession
6 under title 10 or title 32, United States Code,
7 regarding extreme weather.’’.
8 SEC. 313. PROTOTYPE AND DEMONSTRATION PROJECTS
9 FOR ENERGY RESILIENCE AT CERTAIN MILI-
10 TARY INSTALLATIONS.
11 (a) IN GENERAL.—Each Secretary of a military de-
12 partment shall ensure that covered prototype and dem-
13 onstration projects are conducted at each military installa-
14 tion designated by that Secretary as an ‘‘Energy Resil-
15 ience Testbed’’ pursuant to subsection (b).
16 (b) SELECTION OF MILITARY INSTALLATIONS.—
17 (1) SELECTION.—Not later than 180 days after
18 the date of the enactment of this Act, each Secretary
19 of a military department, in consultation with the
20 Secretary of the Defense, shall—
21 (A) select at least two military installations
22 under the jurisdiction of that Secretary for des-
23 ignation pursuant to paragraph (3); and
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1 (B) incorporate the conduct of covered pro-
2 totype and demonstration projects into the mis-
3 sion of each installation so selected.
4 (2) CONSIDERATIONS.—In selecting military in-
5 stallations under paragraph (1), each Secretary of a
6 military department shall, to the extent practicable,
7 take into consideration the following:
8 (A) The mission of the installation.
9 (B) The geographic terrain of the installa-
10 tion and of the community surrounding the in-
11 stallation.
12 (C) The energy resources available to sup-
13 port the installation.
14 (D) Any State or local regulations that
15 apply with respect to public or private utilities
16 serving the installation.
17 (E) An assessment of any climate or ex-
18 treme weather risks or vulnerabilities at the in-
19 stallation and the community surrounding the
20 installation.
21 (3) DESIGNATION AS ENERGY RESILIENCE
22 TESTBED.—Each installation selected under para-
23 graph (1) shall be known as an ‘‘Energy Resilience
24 Testbed’’.
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1 (c) COVERED TECHNOLOGIES.—Covered prototype
2 and demonstration projects conducted at military installa-
3 tions designated pursuant to subsection (b) shall include
4 the prototype and demonstration of technologies in the fol-
5 lowing areas:
6 (1) Energy storage technologies, including long-
7 duration energy storage systems.
8 (2) Technologies that support electric vehicles
9 or the transition to use of electric vehicles, including
10 with respect to tactical vehicles.
11 (3) Technologies to improve building energy ef-
12 ficiency in a cyber-secure manner, such as advanced
13 lighting controls, high-performance cooling systems,
14 and technologies for waste heat recovery.
15 (4) Technologies to improve building energy
16 management and control in a cyber-secure manner.
17 (5) Tools and processes for design, assessment,
18 and decision-making on the installation with respect
19 to climate resilience and hazard analysis, energy use,
20 management, and the construction of climate resil-
21 ient buildings and infrastructure.
22 (6) Carbon sequestration technologies.
23 (7) Technologies relating to on-site resilient en-
24 ergy generation, including advanced geothermal and
25 advanced nuclear technologies.
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1 (8) Port electrification and surrounding defense
2 critical infrastructure and related non-Federal infra-
3 structure, including surrounding defense community
4 infrastructure.
5 (9) Tidal and wave power technologies.
6 (10) Distributed leger technologies.
7 (d) BRIEFING.—Not later than 180 days after the
8 enactment of this Act, the Secretary of Defense, in con-
9 sultation with the Secretaries of the military departments,
10 shall provide to the appropriate congressional committees
11 a briefing on the conduct of covered prototype and dem-
12 onstration projects at each military installation designated
13 pursuant to subsection (b). Such briefing shall include the
14 following:
15 (1) An identification of each military installa-
16 tion so designated.
17 (2) A justification as to why each military in-
18 stallation so designated was selected for such des-
19 ignation.
20 (3) A strategy for commencing the conduct of
21 such projects at each military installation so des-
22 ignated by not later than one year after the date of
23 the enactment of this Act.
24 (e) DEADLINE FOR COMMENCEMENT OF
25 PROJECTS.—The Secretary of Defense shall ensure that,
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1 beginning not later than one year after the date of the
2 enactment of this Act, covered prototype and demonstra-
3 tion projects are conducted at, and such conduct is incor-
4 porated into the mission of, each military installation des-
5 ignated pursuant to subsection (b).
6 (f) CONSORTIUMS.—
7 (1) IN GENERAL.—Each Secretary of a military
8 department may enter into a partnership with, or
9 seek to establish, a consortium of industry, aca-
10 demia, and other entities described in paragraph (2)
11 to conduct covered prototype and demonstration
12 projects at a military installation designated by that
13 Secretary pursuant to subsection (b).
14 (2) CONSORTIUM ENTITIES.—The entities de-
15 scribed in this paragraph are as follows:
16 (A) National laboratories.
17 (B) Industry entities the primary work of
18 which relates to energy and climate security
19 technologies and business models.
20 (g) AUTHORITIES.—
21 (1) IN GENERAL.—Covered prototype and dem-
22 onstration projects required under this section may
23 be conducted as part of the program for operational
24 energy prototyping established under section 324(c)
25 of the William M. (Mac) Thornberry National De-
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1 fense Authorization Act for Fiscal Year 2021 (Pub-
2 lic Law 116–283; 134 Stat. 3523; 10 U.S.C. 2911
3 note) (including by using funds available under the
4 Operational Energy Prototyping Fund established
5 pursuant to such section), using the other trans-
6 actions authority under section 4021 or 4022 of title
7 10, United States Code, or using any other available
8 authority or funding source the Secretary of Defense
9 determines appropriate.
10 (2) FOLLOW-ON PRODUCTION CONTRACTS OR
11 TRANSACTIONS.—Each Secretary of a military de-
12 partment shall ensure that, to the extent practicable,
13 any transaction entered into under the other trans-
14 actions authority under section 4022 of title 10,
15 United States Code, for the conduct of a covered
16 prototype and demonstration project under this sec-
17 tion shall provide for the award of a follow-on pro-
18 duction contract or transaction pursuant to sub-
19 section (f) of such section 4022.
20 (h) INTERAGENCY COLLABORATION.—In carrying
21 out this section, to the extent practicable, the Secretary
22 of Defense shall collaborate with the Secretary of Energy
23 and the heads of such other Federal departments and
24 agencies as the Secretary of Defense may determine ap-
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1 propriate, including by entering into relevant memoranda
2 of understanding.
3 (i) DEFINITIONS.—In this section:
4 (1) The term ‘‘appropriate congressional com-
5 mittees’’ means—
6 (A) the Committee on Armed Services and
7 the Committee on Energy and Commerce of the
8 House of Representatives; and
9 (B) the Committee on Armed Services and
10 the Committee on Energy and Natural Re-
11 sources of the Senate.
12 (2) The term ‘‘community infrastructure’’ has
13 the meaning given that term in section 2391(e) of
14 tile 10, United States Code.
15 (3) The term ‘‘covered prototype and dem-
16 onstration project’’ means a project to prototype and
17 demonstrate advanced technologies to enhance en-
18 ergy resilience and climate security at a military in-
19 stallation.
20 (4) The term ‘‘military installation’’ has the
21 meaning given that term in section 2867 of title 10,
22 United States Code.
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1 SEC. 314. PILOT PROGRAM FOR TRANSITION OF CERTAIN
2 NONTACTICAL VEHICLE FLEETS OF DEPART-
3 MENT OF DEFENSE TO ELECTRIC VEHICLES.
4 (a) IN GENERAL.—The Secretary of Defense, in co-
5 ordination with the Secretaries of the military depart-
6 ments, and in consultation with the Secretary of Energy,
7 shall carry out a pilot program to facilitate the transition
8 of nontactical vehicle fleets of the Department of Defense
9 at certain military installations and distribution centers
10 of the Defense Logistics Agency to nontactical vehicle
11 fleets comprised solely of electric vehicles, including
12 through the maintenance on the installations or centers,
13 as the case may be, of charging stations, microgrids, and
14 other covered infrastructure sufficient to cover the energy
15 demand of such fleets.
16 (b) SELECTION OF MILITARY INSTALLATIONS AND
17 DISTRIBUTION CENTERS.—
18 (1) SELECTION OF MILITARY INSTALLA-
19 TIONS.—Not later than 180 days after the date of
20 the enactment of this Act, each Secretary of a mili-
21 tary department shall—
22 (A) select at least one military installation
23 of each Armed Force under the jurisdiction of
24 that Secretary at which to carry out the pilot
25 program under subsection (a); and
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1 (B) submit to the Committees on Armed
2 Services of the House of Representatives and
3 the Senate a notification containing an identi-
4 fication of each such selected installation.
5 (2) PRIORITY.—In selecting military installa-
6 tions under paragraph (1), each Secretary of a mili-
7 tary department shall give priority to the following:
8 (A) Military installations with existing
9 third-party financed, installed, operated, and
10 maintained charging stations on the installa-
11 tion.
12 (B) Military installations with other exist-
13 ing covered infrastructure, including charging
14 stations under ownership methods other than
15 those specified in subparagraph (A), on the in-
16 stallation.
17 (C) Military installations located in a geo-
18 graphic region with existing covered infrastruc-
19 ture, including charging stations, proximate to
20 the installation.
21 (D) Military installations with respect to
22 which the Secretary determines the future in-
23 clusion on the installation of charging stations
24 and other covered infrastructure is feasible and
25 cost effective given the anticipated need for
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1 charging stations to service electric vehicles in
2 the nontactical vehicle fleet at the installation
3 (including those with respect to which the Sec-
4 retary determines there may be an opportunity
5 to enter into a contract for the third-party
6 charging stations specified in subparagraph
7 (A)).
8 (E) Military installations at which a
9 project authorized under section 2914 of title
10 10, United States Code, (known as the Energy
11 Resilience and Conservation Investment Pro-
12 gram) and determined by the Secretary to be
13 relevant to the pilot program has been con-
14 ducted or is planned to be conducted pursuant
15 to the future-years defense program submitted
16 under section 221 of such title.
17 (3) CONSIDERATIONS.—In determining whether
18 a military installation should receive priority pursu-
19 ant to paragraph (2)(D), each Secretary of a mili-
20 tary department shall take into account the fol-
21 lowing:
22 (A) A calculation of existing loads at the
23 installation and the existing capacity of the in-
24 stallation for the charging of electric vehicles,
25 including (as applicable) light duty trucks.
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1 (B) The availability of adequate space for
2 vehicles awaiting charging during peak usage
3 times, as determined by the Secretary.
4 (C) Any required upgrades to covered in-
5 frastructure on the installation, including elec-
6 trical wiring, anticipated by the Secretary.
7 (4) SELECTION OF DISTRIBUTION CENTERS.—
8 (A) SELECTION.—Not later than 180 days
9 after the date of the enactment of this Act, the
10 Director of the Defense Logistics Agency shall
11 select at least one distribution center of the De-
12 fense Logistics Agency at which to carry out
13 the pilot program under subsection (a) and sub-
14 mit to the Committees on Armed Services of
15 the House of Representatives and notification
16 containing an identification of any such selected
17 distribution center.
18 (B) PRIORITY.—In selecting a distribution
19 center under subparagraph (A), the Director of
20 the Defense Logistics Agency shall apply the
21 same priorities as the Secretaries of the mili-
22 tary departments apply with respect to the se-
23 lection of a military installation under para-
24 graph (2) (including by taking into account the
25 same considerations specified in paragraph (3)),
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1 except that, in addition to the priorities speci-
2 fied in paragraph (2), the Director shall also
3 give priority to the following:
4 (i) Distribution centers with signifi-
5 cant on-center use by vehicles of class 3 or
6 heavier, as determined pursuant to table II
7 of section 565.15 of title 49, Code of Fed-
8 eral Regulations.
9 (ii) Distribution centers at which
10 there is, or are plans to develop, renewable
11 energy resource generation.
12 (c) TRANSITION PLANS.—
13 (1) MILITARY INSTALLATIONS.—Not later than
14 one year after the date on which a Secretary of a
15 military department submits a notification identi-
16 fying a military installation under subsection (b)(1),
17 that Secretary shall submit to the Committees on
18 Armed Services of the House of Representatives and
19 the Senate a plan for—
20 (A) the replacement of all vehicles in the
21 nontactical vehicle fleet at the military installa-
22 tion with electric vehicles by January 1, 2025;
23 and
24 (B) the maintenance on the military instal-
25 lation of charging stations and other covered in-
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1 frastructure, including a microgrid, that will be
2 sufficient—
3 (i) to cover the anticipated electricity
4 demand of such electric vehicles; and
5 (ii) to improve installation energy re-
6 silience.
7 (2) ELEMENTS.—Each plan under paragraph
8 (1) shall include, with respect to the military instal-
9 lation covered by the plan, the following:
10 (A) A determination of the type and num-
11 ber of charging stations to include on the in-
12 stallation, taking into account the interoper-
13 ability of chargers and the potential future
14 needs or applications for chargers, such as vehi-
15 cle-to-grid or vehicle-to-building applications.
16 (B) A determination of the optimal owner-
17 ship method to provide charging stations on the
18 installation, taking into account the following:
19 (i) Use of Government-owned (pur-
20 chased, installed, and maintained) charg-
21 ing stations.
22 (ii) Use of third-party financed, in-
23 stalled, operated, and maintained charging
24 stations.
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1 (iii) Use of financing models in which
2 energy and charging infrastructure oper-
3 ations and maintenance are treated as a
4 service.
5 (iv) Cyber and physical security con-
6 siderations and best practices associated
7 with different ownership, network, and
8 control models.
9 (C) A determination of the optimal power
10 source to provide charging stations at the in-
11 stallation, taking into account the following:
12 (i) Transformer and substation re-
13 quirements.
14 (ii) Microgrids and distributed energy
15 to support both charging requirements and
16 energy storage.
17 (3) SOURCE OF SERVICES.—Each Secretary of
18 a military department may use expertise within the
19 military department or enter into a contract with a
20 non-Department of Defense entity to make the de-
21 terminations specified in paragraph (2).
22 (4) DISTRIBUTION CENTERS.—Not later than
23 one year after the date on which the Director of the
24 Defense Logistics Agency submits a notification
25 identifying a distribution center under subsection
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1 (b)(1), the Director shall submit to the Committees
2 on Armed Services of the House of Representatives
3 and the Senate a plan specified in paragraph (1)
4 with respect to the distribution center. Such plan
5 shall include, with respect to the distribution center,
6 each of the same elements required under paragraph
7 (2) for a military installation, and the Director may
8 use expertise to the same extent and in the same
9 manner specified in paragraph (3).
10 (d) FINAL DEADLINE FOR REPLACEMENT.—Begin-
11 ning not later than January 1, 2025, all vehicles in the
12 nontactical vehicle fleet at each military installation or dis-
13 tribution center selected under subsection (b) shall be elec-
14 tric vehicles.
15 (e) DEFINITIONS.—In this section:
16 (1) The terms ‘‘Armed Forces’’ and ‘‘military
17 departments’’ have the meanings given those terms
18 in section 101 of title 10, United States Code.
19 (2) The term ‘‘charging station’’ means a col-
20 lection of one or more electric vehicle supply equip-
21 ment units.
22 (3) The term ‘‘covered infrastructure’’—
23 (A) means infrastructure that the Sec-
24 retary of Defense determines may be used to—
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1 (i) charge electric vehicles, including
2 by transmitting electricity to such vehicles
3 directly; or
4 (ii) support the charging of electric
5 vehicles, including by supporting the resil-
6 ience of grids or other systems for deliv-
7 ering energy to such vehicles (such as
8 through the mitigation of grid stress); and
9 (B) includes—
10 (i) charging stations;
11 (ii) batteries;
12 (iii) battery-swapping systems;
13 (iv) microgrids;
14 (v) off-grid charging systems; and
15 (vi) other apparatuses installed for
16 the specific purpose of delivering energy to
17 an electric vehicle or to a battery intended
18 to be used in an electric vehicle, including
19 wireless charging technologies.
20 (4) The term ‘‘electric vehicle’’ includes—
21 (A) a plug-in hybrid electric vehicle that
22 uses a combination of electric and gas powered
23 engine that can use either gasoline or electricity
24 as a fuel source; and
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1 (B) a plug-in electric vehicle that runs
2 solely on electricity and does not contain an in-
3 ternal combustion engine or gas tank.
4 (5) The term ‘‘electric vehicle supply equipment
5 unit’’ means the port that supplies electricity to one
6 vehicle at a time.
7 (6) The term ‘‘microgrid’’ means a group of
8 interconnected loads and distributed energy re-
9 sources within clearly defined electrical boundaries
10 that acts as a single controllable entity with respect
11 to the grid.
12 (7) The term ‘‘military installation’’ has the
13 meaning given that term in section 2801 of title 10,
14 United States Code.
15 (8) The term ‘‘nontactical vehicle’’ means a ve-
16 hicle other than a tactical vehicle.
17 (9) The term ‘‘tactical vehicle’’ means a motor
18 vehicle designed to military specification, or a com-
19 mercial design motor vehicle modified to military
20 specification, to provide direct transportation sup-
21 port of combat or tactical operations, or for the
22 training of personnel for such operations.
23 (10) The term ‘‘renewable energy resources’’
24 has the meaning given that term in section 403 of
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1 the Renewable Energy Resources Act of 1980 (42
2 U.S.C. 7372).
3 (11) The term ‘‘wireless charging’’ means the
4 charging of a battery by inductive charging or by
5 any means in which a battery is charged without a
6 wire, or plug-in wire, connecting the power source
7 and battery.
8 SEC. 315. PILOT PROGRAM ON USE OF SUSTAINABLE AVIA-
9 TION FUEL.
10 (a) IN GENERAL.—The Secretary of Defense shall
11 conduct a pilot program at two or more geographically di-
12 verse Department of Defense facilities for the use of sus-
13 tainable aviation fuel. Such program shall be designed
14 to—
15 (1) identify any logistical challenges with re-
16 spect to the use of sustainable aviation fuel by the
17 Department of Defense; and
18 (2) explore opportunities for collaboration with
19 nearby commercial airports and sustainable aviation
20 fuel refinery facilities to facilitate such use.
21 (b) SELECTION OF FACILITIES.—
22 (1) SELECTION.—Not later than one year after
23 the date of the enactment of this Act, the Secretary
24 of Defense shall select at least two geographically di-
25 verse Department facilities at which to carry out the
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1 pilot program. At least one such facility shall be a
2 facility with an onsite refinery that is located in
3 proximity to at least one major commercial airport
4 that is also actively seeking to increase the use of
5 sustainable aviation fuel.
6 (2) NOTICE TO CONGRESS.—Upon the selection
7 of each facility under paragraph (1), the Secretary
8 shall submit to the Committee on Armed Services
9 and the Committee on Transportation and Infra-
10 structure of the House of Representatives notice of
11 the selection, including an identification of the facil-
12 ity selected.
13 (c) CERTIFICATION AND USE OF BLENDED SUSTAIN-
14 ABLE AVIATION FUEL.—
15 (1) PLANS.—For each facility selected under
16 subsection (b), not later than one year after the se-
17 lection of the facility, the Secretary shall—
18 (A) develop a plan on how to implement,
19 by September 30, 2028, a certification program
20 under which aviation fuel must be certified as
21 blended to contain at least 10 percent sustain-
22 able aviation fuel as a requirement for use of
23 the aviation fuel at the facility (in addition to
24 any other fuel certification requirement of the
25 Department of Defense or the Armed Forces);
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1 (B) submit the plan to the Committee on
2 Armed Services and the Committee on Trans-
3 portation and Infrastructure of the House of
4 Representatives; and
5 (C) provide to such Committees a briefing
6 on the plan that includes, at a minimum—
7 (i) a description of any operational,
8 infrastructure, or logistical requirements
9 and recommendations for the blending,
10 certification, and use of sustainable avia-
11 tion fuel; and
12 (ii) a description of any stakeholder
13 engagement in the development of the
14 plan, including any consultations with
15 nearby commercial airport owners or oper-
16 ators.
17 (2) IMPLEMENTATION OF PLANS.—For each fa-
18 cility selected under subsection (b), during the pe-
19 riod beginning on a date that is not later than Sep-
20 tember 30, 2028, and for five years thereafter, the
21 Secretary shall require, in accordance with the re-
22 spective plan developed under paragraph (1), the ex-
23 clusive use at the facility of aviation fuel that has
24 been certified as blended to contain at least 10 per-
25 cent sustainable aviation fuel.
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1 (d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.—
2 Sustainable aviation fuel used under the pilot program
3 shall meet the following criteria:
4 (1) Such fuel shall be produced in the United
5 States from non-food domestic feedstock sources.
6 (2) Such fuel shall constitute drop-in fuel that
7 meets all specifications and performance require-
8 ments of the Department of Defense and the Armed
9 Forces.
10 (e) WAIVER.—The Secretary may waive the require-
11 ment for the exclusive use at the facility of aviation fuel
12 that has been certified as blended to contain at least 10
13 percent sustainable aviation fuel under the pilot program
14 if the Secretary—
15 (1) determines such use is not feasible due to
16 a lack of domestic availability of sustainable aviation
17 fuel or a national security contingency; and
18 (2) submits to the congressional defense com-
19 mittees notice of such waiver and the reasons for
20 such waiver.
21 (f) FINAL REPORT.—At the conclusion of the pilot
22 program, the Assistant Secretary of Defense for Energy,
23 Installations, and Environment shall submit to the Com-
24 mittee on Armed Services and the Committee on Trans-
25 portation and Infrastructure of the House of Representa-
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1 tives a final report on the pilot program. Such report shall
2 include each of the following:
3 (1) An assessment of the effect of using sus-
4 tainable aviation fuel on the overall fuel costs of
5 blended fuel.
6 (2) A description of any operational, infrastruc-
7 ture, or logistical requirements and recommenda-
8 tions for the blending, certification, and use of sus-
9 tainable aviation fuel, with a focus on scaling up
10 military-wide adoption of such fuel.
11 (3) Recommendations with respect to how mili-
12 tary installations can leverage proximity to commer-
13 cial airports and other jet fuel consumers to increase
14 the rate of use of sustainable aviation fuel, for both
15 military and non-military use, including potential
16 collaboration on innovative financing or purchasing
17 and shared supply chain infrastructure.
18 (4) A description of the effects on performance
19 and operation aircraft using sustainable aviation fuel
20 including—
21 (A) if used, considerations of various
22 blending ratios and their associated benefits;
23 (B) efficiency and distance improvements
24 of flights fuels using sustainable aviation fuel;
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1 (C) weight savings on large transportation
2 aircraft and other types of aircraft with using
3 blended fuel with higher concentrations of sus-
4 tainable aviation fuel;
5 (D) maintenance benefits of using sustain-
6 able aviation fuel, including engine longevity;
7 (E) the effect of the use of sustainable
8 aviation fuel on emissions and air quality;
9 (F) the effect of the use of sustainable
10 aviation fuel on the environment and on sur-
11 rounding communities, including environmental
12 justice factors that are created by the demand
13 for and use of sustainable aviation fuel by the
14 Department of Defense; and
15 (G) benefits with respect to job creation in
16 the sustainable aviation fuel production and
17 supply chain.
18 (g) SUSTAINABLE AVIATION FUEL DEFINED.—In
19 this section, the term ‘‘sustainable aviation fuel’’ means
20 liquid fuel that—
21 (1) consists of synthesized hydrocarbon;
22 (2) meets the requirements of—
23 (A) ASTM International Standard D7566
24 (or such successor standard); or
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1 (B) the co-processing provisions of ASTM
2 International Standard D1655, Annex A1 (or
3 such successor standard);
4 (3) is derived from biomass (as such term is de-
5 fined in section 45K(c)(3) of the Internal Revenue
6 Code of 1986), waste streams, renewable energy
7 sources, or gaseous carbon oxides;
8 (4) is not derived from palm fatty acid dis-
9 tillates; and
10 (5) conforms to the standards, recommended
11 practices, requirements and criteria, supporting doc-
12 uments, implementation elements, and any other
13 technical guidance, for sustainable aviation fuels
14 that are adopted by the International Civil Aviation
15 Organization with the agreement of the United
16 States.
17 SEC. 316. POLICY TO INCREASE DISPOSITION OF SPENT AD-
18 VANCED BATTERIES THROUGH RECYCLING.
19 (a) POLICY REQUIRED.—Not later than one year
20 after the date of the enactment of this Act, the Assistant
21 Secretary of Defense for Energy, Installations, and Envi-
22 ronment, in coordination with the Director of the Defense
23 Logistics Agency, shall establish a policy to increase the
24 disposition of spent advanced batteries of the Department
25 of Defense through recycling (including by updating the
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1 Department of Defense Manual 4160.21, titled ‘‘Defense
2 Material Disposition: Disposal Guidance and Procedures’’,
3 or such successor document, accordingly), for the purpose
4 of supporting the reclamation and return of precious met-
5 als, rare earth metals, and elements of strategic impor-
6 tance (such as cobalt and lithium) into the supply chain
7 or strategic reserves of the United States.
8 (b) CONSIDERATIONS.—In developing the policy
9 under subsection (a), the Assistant Secretary shall con-
10 sider, at a minimum, the following recycling methods:
11 (1) Pyroprocessing.
12 (2) Hydroprocessing.
13 (3) Direct cathode recycling, relithiation, and
14 upcycling.
15 SEC. 317. GUIDANCE AND TARGET DEADLINE RELATING TO
16 FORMERLY USED DEFENSE SITES PRO-
17 GRAMS.
18 (a) GUIDANCE RELATING TO SITE
19 PRIORITIZATION.—The Assistant Secretary of Defense for
20 Energy, Installations, and Environment shall issue guid-
21 ance setting forth how, in prioritizing sites for activities
22 funded under the ‘‘Environmental Restoration Account,
23 Formerly Used Defense Sites’’ account established under
24 section 2703(a)(5) of title 10, United States Code, the As-
25 sistant Secretary shall weigh the relative risk or other fac-
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1 tors between Installation Restoration Program sites and
2 Military Munitions Response Program sites.
3 (b) TARGET DEADLINE FOR MILITARY MUNITIONS
4 RESPONSE PROGRAM.—The Assistant Secretary of De-
5 fense for Energy, Installations, and Environment shall es-
6 tablish a target deadline for the completion of the cleanup
7 of all Military Munitions Response Program sites.
8 SEC. 318. BUDGET INFORMATION FOR ALTERNATIVES TO
9 BURN PITS.
10 The Secretary of Defense shall include in the budget
11 materials submitted to Congress in support of the Depart-
12 ment of Defense budget for fiscal year 2024 (as submitted
13 with the budget of the President for such fiscal year under
14 section 1105(a) of title 31, United States Code) a dedi-
15 cated budget line item for incinerators and waste-to-en-
16 ergy waste disposal alternatives to burn pits.
17 SEC. 319. PROGRAM TO TRACK AND REDUCE SCOPE 3 EMIS-
18 SIONS AND ENERGY COSTS.
19 (a) PROGRAM AUTHORIZED.—The Secretary of De-
20 fense shall establish a program, to be known as the ‘‘Scope
21 3 Emissions Reduction Program’’, under which the Sec-
22 retary shall use innovative software to—
23 (1) establish full accountability with respect to
24 the Scope 3 greenhouse gas emissions in the supply
25 chain of the Department of Defense; and
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1 (2) produce actionable data to reduce emissions
2 and save energy costs.
3 (b) GOALS OF THE PROGRAM.—The goals of the
4 Scope 3 Emissions Reduction Program are—
5 (1) to prove emerging technologies, methodolo-
6 gies, and capabilities to effectively track and compile
7 transparent and reliable scope 3 emissions data and
8 energy costs in real time;
9 (2) to produce actionable emissions and climate
10 data; and
11 (3) to increase efficiencies and reduce costs.
12 SEC. 320. REQUIREMENT TO INCLUDE INFORMATION RE-
13 LATING TO ELECTRIC VEHICLE CHARGING IN
14 CERTAIN MILITARY CONSTRUCTION
15 PROJECT PROPOSALS.
16 (a) REQUIREMENT.—As part of the Department of
17 Defense Form 1391 submitted to the appropriate commit-
18 tees of Congress for a military construction project for a
19 facility that includes (or is planned to include) parking
20 for covered motor vehicles, the Secretary concerned shall
21 include the following:
22 (1) A proposal for the provision of charging sta-
23 tions and other covered infrastructure sufficient to
24 cover the anticipated electricity demand of the elec-
25 tric charging, concurrently, for not less than 15 per-
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1 cent of all covered motor vehicles planned to be
2 parked at the facility.
3 (2) The cost of constructing such stations and
4 infrastructure in the overall cost of the project.
5 (3) An analysis of whether a parking structure
6 or lot will be the primary charging area for covered
7 motor vehicles or if another area, such as public
8 works or the motor pool, will be the primary charg-
9 ing area.
10 (b) APPLICABILITY.—The requirement under sub-
11 section (a) shall apply with respect to military construc-
12 tion projects for which a Department of Defense Form
13 1391 is submitted to the appropriate committees of Con-
14 gress beginning on or after the date of the enactment of
15 this Act.
16 (c) DEFINITIONS.—In this section:
17 (1) The terms ‘‘charging station’’ and ‘‘covered
18 infrastructure’’ have the meanings given those terms
19 in section 314(e).
20 (2) The term ‘‘covered motor vehicle’’ means a
21 Federal Government motor vehicle, including a
22 motor vehicle leased by the Federal Government.
23 (3) The term ‘‘Defense Agency’’ has the mean-
24 ing given that term in section 101(a) of title 10,
25 United States Code.
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1 (4) The term ‘‘Secretary concerned’’ means—
2 (A) the Secretary of a military department,
3 with respect to facilities under the jurisdiction
4 of that Secretary; and
5 (B) the Secretary of Defense, with respect
6 to matters concerning—
7 (i) facilities of the Defense Agencies;
8 or
9 (ii) facilities of a reserve component
10 owned by a State rather than the United
11 States.
12 SEC. 321. SENSE OF CONGRESS REGARDING ELECTRIC OR
13 ZERO-EMISSION VEHICLES FOR NON-COMBAT
14 VEHICLE FLEET.
15 It is the sense of Congress that any new non-tactical
16 Federal vehicle purchased by the Department of Defense
17 for use outside of combat should, to the greatest extent
18 practicable, be an electric or zero-emission vehicles.
19 SEC. 322. STUDY ON ENVIRONMENTAL CONTAMINATION
20 AND CLEANUP ASSOCIATED WITH THORIUM-
21 230 AND RELATED SUBSTANCES.
22 (a) IN GENERAL.—Not later than 270 days after the
23 date of the enactment of this Act, the Secretary of De-
24 fense, in coordination with the Secretary of Energy and
25 the Administrator of the Environmental Protection Agen-
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1 cy, shall submit to the congressional defense committees
2 a report containing the results of a study on the environ-
3 mental contamination and associated remediation efforts
4 at sites in the United States where weapons containing
5 Thorium-230 were developed, transported, stored, or oth-
6 erwise used.
7 (b) ELEMENTS.— The report required under sub-
8 section (a) shall include the following:
9 (1) A list of sites with known or suspected Tho-
10 rium-230 contamination due to weapons develop-
11 ment, transportation or storage, or waste disposal.
12 (2) A discussion of the current characterization
13 of each such site as a formerly used defense site, a
14 site subject to a Base Realignment and Closure ac-
15 tion, an active site, or other type of site.
16 (3) A specific discussion of the area sur-
17 rounding Coldwater Creek in Saint Louis, Missouri.
18 (4) The status of each site identified under
19 paragraph (1) including—
20 (A) any environmental remediation that
21 has been completed or is underway at the site,
22 including contamination levels, if known;
23 (B) any significant illness cluster associ-
24 ated with the geographic proximity of the site;
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1 (5) A detailed plan for any necessary environ-
2 mental remediation as well as site prioritization as-
3 sociated with the sites identified under paragraph
4 (1).
5 SEC. 323. DESTRUCTION OF MATERIALS CONTAINING PFAS
6 WITH TECHNOLOGIES NOT REQUIRING IN-
7 CINERATION.
8 (a) REPORT.—Not later than 180 days after the date
9 of the enactment of this Act, the Under Secretary of De-
10 fense for Acquisition and Sustainment shall submit to the
11 congressional defense committees a report on the progress
12 of the Department of Defense in implementing on-site
13 PFAS destruction technologies not requiring incineration.
14 The report shall include the following:
15 (1) A list of technologies that modify the char-
16 acteristics of the waste such that it is no longer clas-
17 sified as hazardous waste and can be disposed of
18 through more cost-effective mixed waste protocols.
19 (2) An identification of any such technologies
20 that have undergone, are undergoing, or will under-
21 go testing by the Environmental Security Tech-
22 nology Certification Program and the status of such
23 testing.
24 (3) The results of any such testing.
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1 (b) GUIDANCE.—Not later than one year after the
2 date of the enactment of this Act, the Under Secretary
3 of Defense for Acquisition and Sustainment shall prescribe
4 guidance on best practices and preferred methods for de-
5 struction and disposal of PFAS wastes with an emphasis
6 on alternatives to incineration.
7 (c) EXTENSION OF MORATORIUM.—The Secretary of
8 Defense shall prohibit the incineration of covered mate-
9 rials under section 343 of the National Defense Authoriza-
10 tion Act for Fiscal Year 2022 (10 U.S.C. 2701 note) until
11 the date on which the Secretary prescribes the guidance
12 required under subsection (b).
13 SEC. 324. ANALYSIS AND PLAN FOR ADDRESSING HEAT IS-
14 LAND EFFECT ON MILITARY INSTALLATIONS.
15 (a) INSTALLATION ANALYSIS.—At the direction of
16 the Secretary of Defense, the commander of each large
17 military installation (as determined by the Secretary) shall
18 conduct an analysis of—
19 (1) how the effect known as the ‘‘heat island ef-
20 fect’’ exacerbates summer heat conditions and neces-
21 sitates the increased use of air conditioning on the
22 installation; and
23 (2) inventory on the percentage of tree cover
24 and plant shade trees on the property of the installa-
25 tion.
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1 (b) REPORT.—Not later than September 30, 2023,
2 the commander of each large military installation shall
3 submit to the Secretary of the analysis conducted by the
4 commander under subsection (a).
5 (c) PLAN.—The Secretary shall—
6 (1) review the reports submitted under sub-
7 section (b);
8 (2) identify any installation that is a significant
9 heat island with large expanses of concrete or as-
10 phalt; and
11 (3) direct the commander of any installation so
12 identified to increase the tree coverage on the prop-
13 erty of the installation by 10 to 30 percent by not
14 later than September 30, 2025.
15 (d) HEAT ISLAND DEFINED.—The term ‘‘heat is-
16 land’’ means an area with a high concentration of struc-
17 tures (such as building, roads, and other infrastructure)
18 that absorb and re-emit the sun’s heat more than natural
19 landscapes such as forests or bodies of water.
20 SEC. 325. COMPTROLLER GENERAL REPORT ON ACCELERA-
21 TION AND IMPROVEMENT OF ENVIRON-
22 MENTAL CLEANUP OF VIEQUES AND
23 CULEBRA, PUERTO RICO.
24 (a) REPORT REQUIRED.—Not later than 180 days
25 after the date of the enactment of this Act, the Comp-
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1 troller General of the United States shall submit to the
2 congressional defense committees a report containing the
3 results of a study conducted by the Comptroller General
4 on the status of the Federal cleanup and decontamination
5 process in the island-municipalities of Vieques and
6 Culebra, Puerto Rico.
7 (b) CONTENTS.—The study shall include a com-
8 prehensive analysis of the following:
9 (1) The pace of ongoing cleanup and environ-
10 mental restoration efforts in the former military
11 training sites in Vieques and Culebra.
12 (2) Any potential alternatives to accelerate the
13 completion of such efforts, including their associated
14 costs.
15 (3) Any effects such alternatives might have on
16 the public health and safety of island residents and
17 steps that can be taken to mitigate risks.
18 (4) The views of residents of Vieques and
19 Culebra regarding actions that should be taken to
20 achieve the cleanup process more expeditiously and
21 successfully.
22 (5) Any adverse health outcomes resulting from
23 toxic matter at the sites or cleanup procedure in and
24 avenues to compensate local communities for eco-
25 nomic losses and medical costs incurred.
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1 (6) The economic impact that the cleanup proc-
2 ess has had on local residents due to restricted use
3 of land for tourism and other activities and avenues
4 to compensate local communities for economic losses.
5 SEC. 326. REPORT ON DEPARTMENT OF DEFENSE FLOOD
6 MAPPING EFFORTS.
7 Not later than 180 days after the date of the enact-
8 ment of this Act, the Secretary of Defense shall submit
9 to the congressional defense committees a report on the
10 flood mapping efforts of the Department of Defense. Such
11 report shall address—
12 (1) how frequently the Department updates
13 such flood maps;
14 (2) the resources used to undertake flood map-
15 ping projects; and
16 (3) whether, and if so, how, such maps are in-
17 corporated into broader flood maps of the Federal
18 Emergency Management Agency.
19 SEC. 327. BIANNUAL LEAK INSPECTIONS OF NAVY AND AIR
20 FORCE UNDERGROUND STORAGE TANKS ON
21 GUAM.
22 (a) NAVY.—The Secretary of the Navy shall ensure
23 that underground fuel storage tanks owned by the Navy
24 and located on Guam are checked for leaks at least once
25 every six months.
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1 (b) AIR FORCE.—The Secretary of the Air Force
2 shall ensure that underground fuel storage tanks owned
3 by the Air Force and located on Guam are checked for
4 leaks at least once every six months.
5 SEC. 328. ADDITIONAL SPECIAL CONSIDERATIONS FOR EN-
6 ERGY PERFORMANCE GOALS AND ENERGY
7 PERFORMANCE MASTER PLAN.
8 (a) ADDITIONAL SPECIAL CONSIDERATIONS.—Sec-
9 tion 2911(e) of title 10, United States Code, is amended
10 by adding at the end the following new paragraphs:
11 ‘‘(14) The reliability and security of energy re-
12 sources in the event of a military conflict.
13 ‘‘(15) The value of resourcing energy from
14 partners and allies of the United States.’’.
15 (b) REPORT ON FEASIBILITY OF TERMINATING EN-
16 ERGY PROCUREMENT FROM FOREIGN ENTITIES OF CON-
17 CERN.—
18 (1) IN GENERAL.—Not later than 180 days
19 after the date of the enactment of this Act, the As-
20 sistant Secretary of Defense for Operational Energy
21 Plans and Programs shall submit to the appropriate
22 congressional committees a report on the feasibility
23 and advisability of terminating energy procurement
24 by the Department of Defense from foreign entities
25 of concern.
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1 (2) ELEMENTS.—The report under paragraph
2 (1) shall include the following:
3 (A) An assessment of the reliance by the
4 Department of Defense on foreign entities of
5 concern for the procurement of energy.
6 (B) An identification of the number of en-
7 ergy contracts in force between the Director of
8 the Defense Logistics Agency and a foreign en-
9 tity of concern or an entity headquartered in a
10 country that is a foreign entity of concern.
11 (c) DEFINITIONS.—In this section:
12 (1) The term ‘‘appropriate congressional com-
13 mittees’’ means—
14 (A) the Committee on Armed Services and
15 the Committee on Energy and Commerce of the
16 House of Representatives; and
17 (B) the Committee on Armed Services and
18 the Committee on Energy and Natural Re-
19 sources of the Senate.
20 (2) The term ‘‘foreign entity of concern’’ has
21 the meaning given that term in section 9901 of the
22 William M. (Mac) Thornberry National Defense Au-
23 thorization Act for Fiscal Year 2021 (15 U.S.C.
24 4651).
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1 SEC. 329. CLARIFICATION AND REQUIREMENT FOR DE-
2 PARTMENT OF DEFENSE RELATING TO RE-
3 NEWABLE BIOMASS AND BIOGAS.
4 (a) CLARIFICATION OF RENEWABLE ENERGY
5 SOURCES.—Section 2924 of title 10, United States Code,
6 is amended—
7 (1) in paragraph (6)—
8 (A) by redesignating subparagraphs (D)
9 through (I) as subparagraphs (E) through (J),
10 respectively; and
11 (B) by inserting after subparagraph (C)
12 the following new subparagraph:
13 ‘‘(D) Biogas.’’; and
14 (2) by adding at the end the following new
15 paragraphs:
16 ‘‘(7) The term ‘biomass’ has the meaning given
17 the term ‘renewable biomass’ in section 211(o)(1) of
18 the Clean Air Act (42 U.S.C. 7545(o)(1)), and the
19 regulations thereunder.
20 ‘‘(8) The term ‘biogas’ means biogas as such
21 term is used in section 211(o)(1)(B)(ii)(V) of the
22 Clean Air Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)), and
23 the regulations thereunder.’’.
24 (b) REQUIREMENT.—With respect to any energy-re-
25 lated activity carried out pursuant to chapter 173 of title
26 10, United States Code, biomass and biogas (as such
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1 terms are defined in section 2924 of such title, as amend-
2 ed by subsection (a)) shall be considered an eligible energy
3 source for purposes of such activity.
4 Subtitle C—Red Hill Bulk Fuel
5 Facility
6 SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE
7 FACILITY.
8 (a) DEADLINE FOR COMPLETION OF DEFUELING.—
9 (1) IN GENERAL.—Subject to the certification
10 requirement under subsection (e), the Secretary of
11 the Navy, in cooperation with the Director of the
12 Defense Logistics Agency, shall complete the
13 defueling of the Red Hill Bulk Fuel Storage Facility
14 by not later than December 31, 2023.
15 (2) REPORT.—Not later than December 31,
16 2022, the Secretary of the Navy shall submit to the
17 congressional defense committees, and make publicly
18 available on an appropriate website of the Depart-
19 ment of Defense, a report on the status of the
20 defueling of the Red Hill Bulk Fuel Storage Facil-
21 ity.
22 (b) COMPLIANCE WITH APPLICABLE LAWS.—The
23 Secretary of the Navy, in coordination with the Adminis-
24 trator of the Environmental Protection Agency and the
25 State of Hawaii, shall plan for and implement the
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1 defueling of the Red Hill Bulk Fuel Facility in a manner
2 that complies with all applicable laws.
3 (c) MITIGATION PLAN.—
4 (1) IN GENERAL.—Not later than one year
5 after the date of the enactment of this Act, the Sec-
6 retary of the Navy shall make publicly available an
7 unclassified report containing the plan of the Sec-
8 retary for actions to be taken to mitigate the im-
9 pacts caused by releases at the Red Hill Bulk Fuel
10 Storage Facility, together with cost estimates for
11 such actions.
12 (2) BRIEFING.—Not later than one year after
13 the date of the enactment of this Act, the Secretary
14 of the Navy shall provide to the congressional de-
15 fense committees a briefing on the actions and cost
16 estimates included in the plan required under para-
17 graph (1).
18 (d) OVERSIGHT REQUIREMENTS.—
19 (1) REVIEW.—Not later than 30 days after the
20 date of the enactment of this Act, the Secretary of
21 Defense shall seek to enter into an agreement with
22 an appropriate independent entity under which the
23 entity agrees to conduct a review of the defueling
24 process for the Red Hill Bulk Fuel Storage Facility.
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1 (2) REPORTING REQUIREMENTS.—An agree-
2 ment entered into under paragraph (1) shall provide
3 that the non-Department of Defense entity shall
4 produce and make publicly available, by not later
5 than 30 days after the completion of the defueling
6 of the Red Hill Bulk Fuel Storage Facility, an un-
7 classified report on the defueling process.
8 (e) CERTIFICATION REQUIREMENT.—The Secretary
9 of the Navy may not begin the process of defueling the
10 Red Hill Bulk Storage Facility before the date on which
11 the Secretary of Defense submits to the congressional de-
12 fense committees certification that such defueling would
13 not adversely affect the ability of the Department of De-
14 fense to provide fuel to support military operations in the
15 area of responsibility of the United States Indo-Pacific
16 Command.
17 (f) WAIVER.—
18 (1) IN GENERAL.—The Secretary of Defense
19 may waive the deadline under subsection (a)(1) for
20 a period of not more than 180 days if the Secretary
21 submits to the congressional defense committees cer-
22 tification in writing that—
23 (A) the Red Hill Bulk Fuel Storage Facil-
24 ity cannot be defueled safely and in an environ-
25 mentally sound manner before the deadline; or
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1 (B) the State of Hawaii Department of
2 Health objects to the defueling of the Facility.
3 (2) EXTENSIONS.—The Secretary may extend a
4 waiver issued under paragraph (1) if the Secretary
5 submits to the congressional defense committees an
6 additional certification described in paragraph (1)
7 and a justification for the extension of the waiver.
8 SEC. 332. ACTIVITIES PRIOR TO DECOMMISSIONING OF
9 RED HILL BULK STORAGE FACILITY.
10 (a) LIMITATION.—None of the funds authorized to
11 be appropriated by this Act or otherwise made available
12 for the Department of Defense for fiscal year 2023 may
13 be obligated or expended to permanently close the Red Hill
14 Bulk Fuel Storage Facility until the date that is one year
15 after the date on which the Secretary of Defense, in con-
16 sultation with the Commander of United States Indo-Pa-
17 cific Command, submits to the congressional defense com-
18 mittees—
19 (1) the report required under subsection (b);
20 and
21 (2) certification that—
22 (A) a fuel capacity that is equivalent to the
23 capacity provided by the Red Hill Bulk Fuel
24 Storage Facility has been added to the fuel ca-
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1 pacity of United States Indo-Pacific Command;
2 and
3 (B) the bulk fuel requirements of United
4 States Indo-Pacific Command have been fully
5 programmed for funding in the five fiscal years
6 following the year in which the certification is
7 submitted.
8 (b) REPORT REQUIRED.—
9 (1) IN GENERAL.—Not later than one year
10 after the date of the enactment of this Act, the Sec-
11 retary of the Defense shall submit to the congres-
12 sional defense committees a report on the costs asso-
13 ciated with replacing the Red Hill Bulk Fuel Stor-
14 age Facility.
15 (2) ELEMENTS.—The report required by para-
16 graph (1) shall include each of the following:
17 (A) Detailed plans for how the Department
18 of Defense will replicate the aggregate bulk fuel
19 storage capacity of the Red Hill Bulk Fuel
20 Storage Facility throughout the Indo-Pacific re-
21 gion, including on United States territories and
22 possessions, as appropriate, in both steady state
23 and in a major conflict lasting not less than
24 180 days, including through the use of—
25 (i) fleet oilers;
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1 (ii) fuel bladders;
2 (iii) above ground storage facilities;
3 and
4 (iv) hardened storage facilities.
5 (B) An identification of—
6 (i) any additional costs to the Depart-
7 ment of acquiring or building the assets
8 planned to replicate such fuel storage ca-
9 pacity and of obtaining any required envi-
10 ronmental approvals to operate such as-
11 sets; and
12 (ii) the timelines associated with ac-
13 quiring or building such assets and obtain-
14 ing such approvals.
15 (C) An analysis of the relative surviv-
16 ability, reliability, risks, and any advantages as-
17 sociated with the assets planned to replicate
18 such fuel storage capacity, including any
19 changes necessary for the operational plans of
20 the Department compared to such operational
21 plans as in effect when the Red Hill Bulk Fuel
22 Storage Facility was operational.
23 (D) An identification of the cost to the De-
24 partment of maintaining the Red Hill Bulk
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1 Fuel Storage Facility in an empty but rapidly
2 reconstitutable state.
3 (E) Any other matters the Secretary of the
4 Defense considers relevant.
5 (c) RULE OF CONSTRUCTION.—Nothing in this sec-
6 tion shall be construed to affect the authority of the Sec-
7 retary of Defense or the Secretary of the Navy to conduct
8 any of the following at Red Hill Bulk Fuel Storage Facil-
9 ity:
10 (1) Defueling activities.
11 (2) Remedial investigations.
12 (3) Site or safety inspections.
13 (4) Feasibility studies.
14 (5) Safety related repairs.
15 (6) Monitoring.
16 (7) Transferring of fuel.
17 (8) Maintenance and sustainment activities.
18 SEC. 333. LIMITATION ON USE OF FUNDS PENDING AWARD
19 OF CERTAIN PROJECTS AND IMPLEMENTA-
20 TION OF CERTAIN RECOMMENDATIONS.
21 Of the funds authorized to be appropriated by this
22 Act or otherwise made available for fiscal year 2023 for
23 operations and maintenance, Navy, Administration line
24 item, Line 440, not more than 25 percent may be obli-
25 gated or expended until the date on which the Secretary
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1 of the Navy certifies to the congressional defense commit-
2 tees that the Navy has awarded the projects listed within
3 Chapter 8.1.1, Table 8-1, and implemented the rec-
4 ommendation listed as D1 within Appendix A.1 and Ap-
5 pendix A.2, of the document prepared by Simpson
6 Gumpertz & Heger Inc, entitled ‘‘Final Assessment Re-
7 port: Assessment of Red Hill Underground Fuel Storage
8 Facility Pearl Harbor, Hawaii’’ and dated April 29, 2022.
9 SEC. 334. PLACEMENT OF SENTINEL OR MONITORING
10 WELLS IN PROXIMITY TO RED HILL BULK
11 FUEL FACILITY.
12 (a) IN GENERAL.—Not later than April 1, 2023, the
13 Secretary of Defense, in coordination with the Director of
14 the United States Geological Survey and the Adminis-
15 trator of the Environmental Protection Agency, shall sub-
16 mit to the congressional defense committees a report on
17 the placement of sentinel or monitoring wells in proximity
18 to the Red Hill Bulk Fuel Facility for the purpose of mon-
19 itoring and tracking the movement of fuel that has es-
20 caped the Facility. Such report shall include—
21 (1) the number and location of new wells that
22 have been established during the 12-month period
23 preceding the date of the submission of the report;
24 (2) an identification of the wells proposed to be
25 established by the aquifer recovery working group;
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1 (3) an analysis of the need for any wells not
2 recommended by the aquifer recovery working group;
3 (4) the proposed number and location of any
4 such additional wells; and
5 (5) the priority level of each proposed well
6 based on—
7 (A) the optimal locations for new wells;
8 and
9 (B) the capability of a proposed well to as-
10 sist in monitoring and tracking the movement
11 of fuel toward the Halawa shaft, the Halawa
12 Well, and the Aiea Well.
13 (b) QUARTERLY BRIEFINGS.—Not later than 30 days
14 after the submission of the report under subsection (a),
15 and every 90 days thereafter for 12 months, the Secretary
16 of Defense shall provide to the congressional defense com-
17 mittees a briefing on the progress of the Department to-
18 ward installing the wells described in paragraphs (2) and
19 (3) of subsection (a).
20 SEC. 335. REPORT ON DEPARTMENT OF DEFENSE EFFORTS
21 TO TRACK HEALTH IMPLICATIONS OF FUEL
22 LEAKS AT RED HILL BULK FUEL FACILITY.
23 (a) IN GENERAL.—Not later than 90 days after the
24 date of the enactment of this Act, the Secretary of De-
25 fense, in consultation with the Director of the Centers for
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1 Disease Control and Prevention and the Administrator of
2 the Environmental Protection Agency, shall submit to the
3 appropriate congressional committees a report on the ef-
4 forts of the Secretary to appropriately track the health
5 implications of fuel leaks from the Red Hill Bulk Fuel Fa-
6 cility for members of the Armed Forces and their depend-
7 ents, including members and dependents from each Armed
8 Force, including the Coast Guard. The report shall include
9 each of the following:
10 (1) A plan to coordinate with the Centers for
11 Disease Control and Prevention to align with the en-
12 vironmental health assessment and monitoring ef-
13 forts of the Centers.
14 (2) A description of any potential benefits of co-
15 ordinating and sharing data with the State of Ha-
16 waii Department of Health.
17 (3) An analysis of the extent to which data
18 from the State of Hawaii Department of Health and
19 data from other non-Department of Defense sources
20 can and should be used in any long-term health
21 study relating to fuel leaks from the Red Hill Bulk
22 Fuel Facility.
23 (4) A description of the potential health impli-
24 cations of contaminants, including fuel, found in the
25 drinking water distribution system at the Red Hill
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1 Bulk Fuel Facility during testing after the fuel leaks
2 that occurred in May and November 2021.
3 (5) A description of any contaminants, includ-
4 ing fuel, detected in the water during the 12-month
5 period preceding the fuel leak that occurred in No-
6 vember 2021.
7 (6) A description of any potential benefits of
8 broadening the tracing window to include indications
9 of contaminants, including fuel, in the drinking
10 water supply at the Red Hill Bulk Fuel Facility be-
11 fore May 2021.
12 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.—
13 In this section, the term ‘‘appropriate congressional com-
14 mittees’’ means—
15 (1) the congressional defense committees;
16 (2) the Committee on Energy and Commerce of
17 the House of Representatives; and
18 (3) the Committee on Energy and Natural Re-
19 sources of the Senate.
20 SEC. 336. STUDIES RELATING TO WATER NEEDS OF THE
21 ARMED FORCES ON OAHU.
22 (a) STUDY ON FUTURE WATER NEEDS OF OAHU.—
23 (1) IN GENERAL.—Not later than July 31,
24 2023, the Secretary of the Defense, in coordination
25 with the Honolulu Board of Water Supply, shall con-
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1 duct a study on how the Department of Defense can
2 best address the future water needs on the island of
3 Oahu for the Armed Forces. Such study shall in-
4 clude consideration of—
5 (A) the construction of a new water treat-
6 ment plant or plants;
7 (B) the construction of a new well for use
8 by members of the Armed Forces and the civil-
9 ian population;
10 (C) the construction of a new well for the
11 exclusive use of members of the Armed Forces;
12 (D) transferring ownership and operation
13 of existing Department of Defense utilities to a
14 municipality or existing publicly owned utility;
15 (E) conveying the Navy utilities to the
16 Honolulu Board of Water Supply, with consid-
17 eration; and
18 (F) any other water solutions the Sec-
19 retary determines appropriate.
20 (2) COORDINATION.—In carrying out the study
21 under paragraph (1), the Secretary shall coordinate
22 with the State of Hawaii, the Honolulu Board of
23 Water Supply, the Secretary of the Department in
24 which the Coast Guard is operating, the Adminis-
25 trator of the Environmental Protection Agency, and
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1 any other individual or entity the Secretary deter-
2 mines appropriate.
3 (b) HYDROLOGICAL STUDY.—
4 (1) IN GENERAL.—Not later than July 31,
5 2023, the Secretary of Defense shall enter into an
6 agreement with the Administrator of the Environ-
7 mental Protection Agency and the Director of the
8 United States Geological Survey, in consultation
9 with the State of Hawaii, to perform a study to
10 model the groundwater flow in the area surrounding
11 the Red Hill Bulk Fuel Storage Facility. The model
12 shall be designed to—
13 (A) seek to improve the understanding of
14 the direction and rate of groundwater flow and
15 dissolved constituent migration within the
16 aquifers around the facility;
17 (B) reflect site specific data, including
18 available data of the heterogeneous subsurface
19 geologic system; and
20 (C) address any previously identified defi-
21 ciencies in existing groundwater flow models.
22 (2) DEADLINE FOR COMPLETION.—The study
23 under paragraph (1) shall be completed by not later
24 than one year after the date of the enactment of this
25 Act.
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1 (c) REPORT; BRIEFING.—
2 (1) IN GENERAL.—Upon completion of the
3 studies under subsections (a) and (b), the Secretary
4 shall—
5 (A) submit to the appropriate congres-
6 sional committees a report on the findings of
7 the studies; and
8 (B) provide to such committees a briefing
9 on such findings.
10 (2) APPROPRIATE CONGRESSIONAL COMMIT-
11 TEES.—In this subsection, the term ‘‘appropriate
12 congressional committees’’ means—
13 (A) the congressional defense committees;
14 (B) the Committee on Transportation and
15 Infrastructure and the Committee on Energy
16 and Commerce of the House of Representatives;
17 and
18 (C) the Committee on Commerce, Science,
19 and Transportation and the Committee on En-
20 vironment and Public Works of the Senate.
21 SEC. 337. STUDY ON ALTERNATIVE USES FOR RED HILL
22 BULK FUEL FACILITY.
23 (a) STUDY REQUIRED.—
24 (1) IN GENERAL.—Not later than 30 days after
25 the date of the enactment of this Act, the Secretary
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1 of Defense shall seek to enter into an agreement
2 with a federally funded research and development
3 center that meets the criteria specified in paragraph
4 (2) under which such center will conduct a study to
5 determine the range of feasible alternative Depart-
6 ment of Defense uses for the Red Hill Bulk Fuel
7 Facility and provide to the Secretary a report on the
8 findings of the study. The conduct of such study
9 shall include—
10 (A) engagement with stakeholders;
11 (B) a review of historical alternative uses
12 of facilities with similar characteristics; and
13 (C) such other modalities as determined
14 necessary to appropriately identify alternative
15 use options, including data and information col-
16 lected from various stakeholders and through
17 site visits to physically inspect the facility.
18 (2) CRITERIA FOR FFRDC.—The federally fund-
19 ed research and development center with which the
20 Secretary seeks to enter into an agreement under
21 paragraph (1) shall meet the following criteria:
22 (A) A primary focus on studies and anal-
23 ysis.
24 (B) A record of conducting research and
25 analysis using a multidisciplinary approach.
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1 (C) Demonstrated specific competencies
2 in—
3 (i) life cycle cost-benefit analysis;
4 (ii) military facilities and how such fa-
5 cilities support missions; and
6 (iii) the measurement of environ-
7 mental impacts.
8 (D) A strong reputation for publishing
9 publicly releasable analysis to inform public de-
10 bate.
11 (b) COST-BENEFIT ANALYSIS.—An agreement en-
12 tered into pursuant to subsection (a) shall specify that the
13 study conducted under the agreement will include a cost-
14 benefit analysis of the feasible Department of Defense al-
15 ternative uses considered under the study. Such cost-ben-
16 efit analysis shall cover each of the following for each such
17 alternative use:
18 (1) The design and construction costs.
19 (2) Life-cycle costs, including the operation and
20 maintenance costs of operating the facility, such as
21 annual operating costs, predicted maintenance costs,
22 and any disposal costs at the end of the useful life
23 of the facility.
24 (3) Any potential military benefits.
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1 (4) Any potential benefits for the local econ-
2 omy, including any potential employment opportuni-
3 ties for members of the community.
4 (5) A determination of environmental impact
5 analysis requirements.
6 (6) The effects of the use on future mitigation
7 efforts.
8 (7) Any additional factors determined to be rel-
9 evant by the federally funded research and develop-
10 ment center in consultation with the Secretary.
11 (c) DEADLINE FOR COMPLETION.—An agreement en-
12 tered into pursuant to subsection (a) shall specify that the
13 study conducted under the agreement shall be completed
14 by not later than February 1, 2024.
15 (d) BRIEFING.—Upon completion of a study con-
16 ducted under an agreement entered into pursuant to sub-
17 section (a), the Secretary shall provide to the Committees
18 on Armed Services of the Senate and House of Represent-
19 atives a briefing on the findings of the study.
20 (e) PUBLIC AVAILABILITY.—
21 (1) FFRDC.—An agreement entered into pur-
22 suant to subsection (a) shall specify that the feder-
23 ally funded research and development center shall
24 make an unclassified version of the report provided
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1 to the Secretary publicly available on an appropriate
2 website of the center.
3 (2) DEPARTMENT OF DEFENSE.—Upon receipt
4 of such report, the Secretary shall make an unclassi-
5 fied version of the report publicly available on an ap-
6 propriate website of the Department of Defense.
7 Subtitle D—Treatment of
8 Perfluoroalkyl Substances and
9 Polyfluoroalkyl Substances
10 SEC. 341. PRIZES FOR DEVELOPMENT OF NON-PFAS-CON-
11 TAINING TURNOUT GEAR.
12 Section 330 of the National Defense Authorization
13 Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat.
14 3528; 10 U.S.C. 2661 note prec.) is amended—
15 (1) in subsection (a)—
16 (A) by striking ‘‘of a non-PFAS-con-
17 taining’’ and inserting ‘‘of the following:’’
18 ‘‘(1) A non-PFAS-containing’’; and
19 (B) by adding at the end the following new
20 paragraph:
21 ‘‘(2) Covered personal protective firefighting
22 equipment that does not contain an intentionally
23 added perfluoroalkyl substance or polyfluoroalkyl
24 substance.’’; and
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1 (2) by amending subsection (f) to read as fol-
2 lows:
3 ‘‘(f) DEFINITIONS.—In this section:
4 ‘‘(1) The term ‘perfluoroalkyl substance’ means
5 a man-made chemical of which all of the carbon
6 atoms are fully fluorinated carbon atoms.
7 ‘‘(2) The term ‘polyfluoroalkyl substance’
8 means a man-made chemical containing at least one
9 fully fluorinated carbon atom and at least one non-
10 fully fluorinated carbon atom.
11 ‘‘(3) The term ‘covered personal protective fire-
12 fighting equipment’’ means the following:
13 ‘‘(A) Turnout gear jacket or coat.
14 ‘‘(B) Turnout gear pants.
15 ‘‘(C) Turnout coveralls.
16 ‘‘(D) Any other personal protective fire-
17 fighting equipment, as determined by the Sec-
18 retary of Defense, in consultation with the Ad-
19 ministrator of the United States Fire Adminis-
20 tration.’’.
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1 SEC. 342. MODIFICATION TO RESTRICTION ON DEPART-
2 MENT OF DEFENSE PROCUREMENT OF CER-
3 TAIN ITEMS CONTAINING
4 PERFLUOROOCTANE SULFONATE OR
5 PERFLUOROOCTANOIC ACID.
6 (a) MODIFICATION.—Section 333 of the William M.
7 (Mac) Thornberry National Defense Authorization Act for
8 Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3531,
9 10 U.S.C. 3063 note) is amended—
10 (1) in the section heading, by striking
11 ‘‘PERFLUOROOCTANE SULFONATE OR
12 PERFLUOROOCTANOIC ACID’’ and inserting
13 ‘‘PERFLUOROALKYL SUBSTANCES OR
14 POLYFLUOROALKYL SUBSTANCES’’;
15 (2) in subsection (a), by striking
16 ‘‘perfluorooctane sulfonate (PFOS) or
17 perfluorooctanoic acid (PFOA)’’ and inserting ‘‘any
18 perfluoroalkyl substance or polyfluoroalkyl sub-
19 stance’’; and
20 (3) by amending subsection (b) to read as fol-
21 lows:
22 ‘‘(b) DEFINITIONS.—In this section:
23 ‘‘(1) The term ‘covered item’ means the fol-
24 lowing:
25 ‘‘(A) Nonstick cookware or food service
26 ware for use in galleys or dining facilities.
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1 ‘‘(B) Food packaging materials.
2 ‘‘(C) Cleaning products, including floor
3 waxes.
4 ‘‘(D) Carpeting.
5 ‘‘(E) Rugs, curtains, and upholstered fur-
6 niture.
7 ‘‘(F) Sunscreen.
8 ‘‘(G) Shoes and clothing for which treat-
9 ment with a perfluoroalkyl substance or
10 polyfluoroalkyl substance is not necessary for
11 an essential function.
12 ‘‘(2) The term ‘perfluoroalkyl substance’ means
13 a man-made chemical of which all of the carbon
14 atoms are fully fluorinated carbon atoms.
15 ‘‘(3) The term ‘polyfluoroalkyl substance’
16 means a man-made chemical containing at least one
17 fully fluorinated carbon atom and at least one
18 nonfluorinated carbon atom.’’.
19 (b) REPORTS ON PROCUREMENT OF CERTAIN ITEMS
20 WITHOUT INTENTIONALLY ADDED PERFLUOROALKYL
21 SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.—Not
22 later than 270 days after the date of the enactment of
23 this Act, and annually thereafter, the Secretary of Defense
24 shall submit to the Committees on Armed Services of the
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1 House of Representatives and the Senate a report con-
2 taining a detailed description of the following:
3 (1) Steps taken to identify covered items with
4 any intentionally added perfluoroalkyl substance or
5 polyfluoroalkyl substance procured by the Depart-
6 ment of Defense.
7 (2) Steps taken to identify covered items with-
8 out any intentionally added perfluoroalkyl substance
9 or polyfluoroalkyl substance, and the vendors of such
10 covered items, for procurement by the Department.
11 (3) Steps taken to limit the procurement by the
12 Department of covered items with any intentionally
13 added perfluoroalkyl substance or polyfluoroalkyl
14 substance.
15 (4) Planned steps of the Department to limit
16 the procurement of items with any intentionally
17 added perfluoroalkyl substance or polyfluoroalkyl
18 substance.
19 (c) DEFINITIONS.—In this section:
20 (1) The term ‘‘covered item’’ includes the fol-
21 lowing:
22 (A) Nonstick cookware or food service
23 ware for use in galleys or dining facilities.
24 (B) Food packaging materials.
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1 (C) Cleaning products, including floor
2 waxes.
3 (D) Carpeting.
4 (E) Rugs, curtains, and upholstered fur-
5 niture.
6 (F) Sunscreen.
7 (G) Shoes and clothing for which treat-
8 ment with a perfluoroalkyl substance or
9 polyfluoroalkyl substance is not necessary for
10 an essential function.
11 (H) Such other items as may be deter-
12 mined by the Secretary of Defense.
13 (2) The terms ‘‘perfluoroalkyl substance’’ and
14 ‘‘polyfluoroalkyl substance’’ have the meaning given
15 such terms in section 333 of the William M. (Mac)
16 Thornberry National Defense Authorization Act for
17 Fiscal Year 2021 (Public Law 116–283; 134 Stat.
18 3531, 10 U.S.C. 3063 note), as amended by sub-
19 section (a).
20 SEC. 343. PROHIBITION ON PURCHASE BY DEPARTMENT OF
21 DEFENSE OF FIREFIGHTING EQUIPMENT
22 CONTAINING PER- AND POLYFLUOROALKYL
23 SUBSTANCES.
24 (a) PROHIBITION ON PROCUREMENT.—Except as
25 provided in subsection (d), beginning October 1, 2025, the
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1 Secretary of Defense may not enter into any contract for
2 the purchase of personal protective firefighting equipment
3 for use by firefighters of the Department of Defense if
4 such equipment contains a per- or polyfluoroalkyl sub-
5 stance.
6 (b) IMPLEMENTATION.—The Secretary of Defense
7 shall include the prohibition under subsection (a) in any
8 contract for the purchase of personal protective fire-
9 fighting equipment for use by firefighters of the Depart-
10 ment of Defense.
11 (c) SAVINGS CLAUSE.—Nothing in this section shall
12 be construed—
13 (1) to require the Secretary of Defense to test
14 any piece of covered personal protective firefighting
15 equipment to confirm the absence of per- and
16 polyfluoroalkyl substances; or
17 (2) to affect existing inventories of personal
18 protective firefighting equipment.
19 (d) LACK OF AVAILABILITY.—
20 (1) IN GENERAL.—If the Secretary of Defense
21 determines that equipment described in paragraph
22 (2) is not available for purchase by the Department
23 of Defense, the requirement under subsection (a)
24 shall not apply until such date as the Secretary de-
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1 termines that such equipment is available for pur-
2 chase.
3 (2) EQUIPMENT DESCRIBED.—The equipment
4 described in this paragraph is personal protective
5 firefighting equipment that—
6 (A) does not contain a per- or
7 polyfluoroalkyl substance;
8 (B) meets every applicable standard for
9 personal protective firefighting equipment
10 (other than a standard specifically relating to
11 per- or polyfluoroalkyl substances); and
12 (C) is at least as protective as current per-
13 sonal protective firefighting equipment con-
14 taining a per- or polyfluoroalkyl substance.
15 SEC. 344. STANDARDS FOR RESPONSE ACTIONS WITH RE-
16 SPECT TO PFAS CONTAMINATION.
17 (a) IN GENERAL.—In conducting a response action
18 to address perfluoroalkyl or polyfluoroalkyl substance con-
19 tamination from Department of Defense or National
20 Guard activities, the Secretary of Defense shall conduct
21 such actions to achieve a level of such substances in the
22 environmental media that meets or exceeds the most strin-
23 gent of the following standards for each applicable covered
24 PFAS substance in any environmental media:
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1 (1) A State standard, as described in section
2 121(d)(2)(A)(ii) of the Comprehensive Environ-
3 mental Response, Compensation, and Liability Act
4 of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)), that is in ef-
5 fect in the State in which the response action is
6 being conducted, regardless of whether any agency
7 has made a determination under section 300.400(g)
8 of title 40, Code of Federal Regulations, with re-
9 spect to such standard for purposes of the response
10 action.
11 (2) A Federal standard, as described in section
12 121(d)(2)(A)(i) of the Comprehensive Environmental
13 Response, Compensation, and Liability Act of 1980
14 (42 U.S.C. 9621(d)(2)(A)(i)).
15 (3) A health advisory under section
16 1412(b)(1)(F) of the Safe Drinking Water Act (42
17 U.S.C. 300g–1(b)(1)(F)).
18 (b) DEFINITIONS.—In this section:
19 (1) The term ‘‘covered PFAS substance’’ means
20 any of the following:
21 (A) Perfluorononanoic acid (PFNA).
22 (B) Perfluorooctanoic acid (PFOA).
23 (C) Perfluorohexanoic acid (PFHxA).
24 (D) Perfluorooctane sulfonic acid (PFOS).
25 (E) Perfluorohexane sulfonate (PFHxS).
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1 (F) Perfluorobutane sulfonic acid (PFBS).
2 (G) Perfluoroheptanoic acid (PFHpA).
3 (H) Perfluorodecanoic acid (PFDA).
4 (I) Fluorotelomer sulfonamide betaine.
5 (2) The term ‘‘response action’’ means an ac-
6 tion taken pursuant to section 104 of the Com-
7 prehensive Environmental Response, Compensation,
8 and Liability Act of 1980 (42 U.S.C. 9604).
9 (c) SAVINGS CLAUSE.—Except with respect to the
10 specific level required to be met under subsection (a),
11 nothing in this section affects the application of the Com-
12 prehensive Environmental Response, Compensation, and
13 Liability Act of 1980 (42 U.S.C. 9601 et seq.).
14 SEC. 345. LIST OF CERTAIN PFAS USES DEEMED ESSEN-
15 TIAL; BRIEFINGS ON DEPARTMENT OF DE-
16 FENSE PROCUREMENT OF CERTAIN ITEMS
17 CONTAINING PFOS OR PFOA.
18 (a) LIST OF PFAS USES DEEMED ESSENTIAL.—Not
19 later than June 1, 2023, the Secretary of Defense shall
20 submit to the Committees on Armed Services of the House
21 of Representatives and the Senate a list of each known
22 use of per- or polyfluoroalkyl substances that the Sec-
23 retary has deemed an essential use for which use of a re-
24 placement substance is impossible or impracticable. For
25 each use so listed, the Secretary shall—
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1 (1) identify why the use is essential; and
2 (2) provide a brief explanation as to why such
3 replacement is impossible or impracticable, as the
4 case may be.
5 (b) ANNUAL BRIEFINGS.—Not later than 270 days
6 after the date of the enactment of this Act, and annually
7 thereafter, the Secretary of Defense shall provide to the
8 Committees on Armed Services of the House of Represent-
9 atives and the Senate a briefing that includes a description
10 of each of the following:
11 (1) Steps taken to identify covered items pro-
12 cured by the Department of Defense that contain
13 perfluorooctane sulfonate (PFOS) or
14 perfluorooctanoic acid (PFOA).
15 (2) Steps taken to identify products and ven-
16 dors of covered items that do not contain PFOS or
17 PFOA.
18 (3) Steps taken to limit the procurement by the
19 Department of covered items that contain PFOS or
20 PFOA.
21 (4) Steps the Secretary intends to take to limit
22 the procurement of covered items that contain
23 PFOS or PFOA.
24 (c) COVERED ITEM DEFINED.—In this section, the
25 term ‘‘covered item’’ means—
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1 (1) nonstick cookware or cooking utensils for
2 use in galleys or dining facilities; and
3 (2) upholstered furniture, carpets, and rugs
4 that have been treated with stain-resistant coatings.
5 Subtitle E—Logistics and
6 Sustainment
7 SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATE-
8 RIEL READINESS METRICS AND OBJECTIVES
9 FOR MAJOR DEFENSE ACQUISITION PRO-
10 GRAMS.
11 (a) IN GENERAL.—Section 118 of title 10, United
12 States Code, is amended:
13 (1) in subsection (d)(2), by striking ‘‘objec-
14 tives’’ and inserting ‘‘objectives, such as infrastruc-
15 ture, workforce, or supply chain considerations’’;
16 (2) redesignating subsection (e) as subsection
17 (f); and
18 (3) inserting after subsection (d) the following
19 new subsection (e):
20 ‘‘(e) FUNDING ESTIMATES.—Not later than five days
21 after the date on which the Secretary of Defense submits
22 to Congress the materials in support of the budget of the
23 President for a fiscal year, the Director of Cost Assess-
24 ment and Performance Evaluation shall submit to the con-
25 gressional defense committees a comprehensive estimate
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1 of the funds necessary to meet the materiel readiness ob-
2 jectives required by subsection (c) through the period cov-
3 ered by the most recent future-years defense program. At
4 a minimum, the Director shall provide, for each major
5 weapon system, by designated mission design series, vari-
6 ant, or class, a comprehensive estimate of the funds nec-
7 essary to meet such objectives that—
8 ‘‘(1) have been obligated by subactivity group
9 within the operation and maintenance accounts for
10 the second fiscal year preceding the budget year;
11 ‘‘(2) the Director estimates will have been obli-
12 gated by subactivity group within the operation and
13 maintenance accounts by the end of the fiscal year
14 preceding the budget year; and
15 ‘‘(3) have been budgeted and programmed
16 across the future years defense program within the
17 operation and maintenance accounts by subactivity
18 group.’’.
19 (b) PHASED IMPLEMENTATION.—The Director of
20 Cost Assessment and Performance Evaluation, may meet
21 the requirements of subsection (e) of section 118 of title
22 10, United States Code, as added by subsection (a),
23 through a phased submission of the funding estimates re-
24 quired under such subsection. In conducting a phased im-
25 plementation, the Director shall ensure that—
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1 (1) for the budget request for fiscal year 2024,
2 funding estimates are provided for a representative
3 sample by military department of at least one-third
4 of the major weapon systems;
5 (2) for the budget request for fiscal year 2025,
6 funding estimates are provided for an additional
7 one-third of the major weapon systems; and
8 (3) full implementation for all major weapons
9 systems is completed not later than five days after
10 the date on which the Secretary of Defense submits
11 to Congress the materials in support of the budget
12 of the President for fiscal year 2026.
13 SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MOD-
14 ERNIZATION OF NAVAL VESSELS.
15 (a) ANNUAL PLAN.—Section 231 of title 10, United
16 States Code, is amended—
17 (1) in the heading, by inserting ‘‘, mainte-
18 nance, and modernization’’ after ‘‘con-
19 struction’’;
20 (2) by redesignating subsections (d) through (f)
21 as subsections (e) through (g), respectively;
22 (3) by inserting after subsection (c) the fol-
23 lowing new subsection:
24 ‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MOD-
25 ERNIZATION OF NAVAL VESSELS.—In addition to the plan
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1 included under subsection (a)(1), the Secretary of Defense
2 shall include with the defense budget materials for a fiscal
3 year each of the following:
4 ‘‘(1) A plan for the maintenance and mod-
5 ernization of naval vessels that includes the fol-
6 lowing:
7 ‘‘(A) A forecast of the maintenance and
8 modernization requirements for both the naval
9 vessels in the inventory of the Navy and the
10 vessels required to be delivered under the naval
11 vessel construction plan under subsection
12 (a)(1).
13 ‘‘(B) A description of the initiatives of the
14 Secretary of the Navy to ensure that activities
15 key to facilitating the maintenance and mod-
16 ernization of naval vessels (including with re-
17 spect to increasing workforce and industrial
18 base capability and capacity, shipyard level-
19 loading, and facility improvements) receive suf-
20 ficient resourcing, and are including in appro-
21 priate planning, to facilitate the requirements
22 specified in subparagraph (A).
23 ‘‘(2) A certification by the Secretary that both
24 the budget for that fiscal year and the future-years
25 defense program submitted to Congress in relation
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1 to such budget under section 221 of this title pro-
2 vide for funding for the maintenance and moderniza-
3 tion of naval vessels at a level that is sufficient for
4 such maintenance and modernization in accordance
5 with the plan under paragraph (1).’’; and
6 (4) in subsection (f), as redesignated by para-
7 graph (2), by inserting ‘‘ and the plan and certifi-
8 cation under subsection (d)’’ after ‘‘subsection (a)’’.
9 (b) CLERICAL AMENDMENT.—The table of sections
10 at the beginning of chapter 9 of title 10, United States
11 Code, is amended by striking the item relating to section
12 231 and inserting the following new item:
‘‘231. Budgeting for construction, maintenance, and modernization of naval ves-
sels: annual plan and certification.’’.
13 SEC. 353. INDEPENDENT STUDY RELATING TO FUEL DIS-
14 TRIBUTION LOGISTICS ACROSS UNITED
15 STATES INDO-PACIFIC COMMAND.
16 (a) STUDY.—Not later than the 30 days after the
17 date of the enactment of this Act, the Secretary of Defense
18 shall seek to enter into a contract with a federally funded
19 research and development center to conduct a study on
20 fuel distribution logistics in the area of responsibility of
21 the United States Indo-Pacific Command.
22 (b) CRITERIA FOR FFRDC.—The federally funded
23 research and development center with which the Secretary
24 seeks to enter into an contract under subsection (a) shall
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1 meet the following criteria, as determined by the Sec-
2 retary:
3 (1) A primary focus on the conduct of studies
4 and analysis.
5 (2) A demonstrated record of conducting re-
6 search and analysis using a multidisciplinary ap-
7 proach.
8 (3) A strong reputation for publishing publicly
9 releasable analysis to inform public debate.
10 (c) ELEMENTS.—The study conducted pursuant to
11 subsection (a) shall include, with respect to the area of
12 responsibility of the United States Indo-Pacific Command,
13 the following:
14 (1) An evaluation of the vulnerabilities associ-
15 ated with the production, refinement, and distribu-
16 tion of fuel by the Armed Forces during periods of
17 conflict and in contested logistics environments with-
18 in the area, including with respect to the capability
19 of the Armed Forces to sustain operational flights
20 by aircraft and joint force distributed operations.
21 (2) An assessment of potential adversary capa-
22 bilities to disrupt such fuel distribution in the area
23 through a variety of means, including financial
24 means, cyber means, and conventional kinetic at-
25 tacks.
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1 (3) An assessment of any gaps in the capability
2 or capacity of inter- or intra-theater fuel distribu-
3 tion, including any gaps relating to storage, transfer
4 platforms, manning for platforms, command and
5 control, or fuel handling.
6 (4) An evaluation of the positioning of defense
7 fuel support points in the area, including with re-
8 spect to operational suitability and vulnerability to a
9 variety of kinetic threats.
10 (5) An assessment of the readiness of allies and
11 partners of the United States to support the supply,
12 storage, and distribution of fuel by the Armed
13 Forces in the area, including a review of any rel-
14 evant security cooperation agreements entered into
15 between the United States and such allies and part-
16 ners.
17 (6) An assessment of potential actions to miti-
18 gate any vulnerabilities identified pursuant to the
19 study.
20 (d) REPORT.—
21 (1) SUBMISSION TO SECRETARY OF DE-
22 FENSE.—
23 (A) IN GENERAL.—The Secretary of De-
24 fense shall require, as a term of any contract
25 entered into with a federally funded research
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1 and development center to conduct a study pur-
2 suant to subsection (a), that not later than one
3 year after the date of entering into such con-
4 tract, the federally funded research and devel-
5 opment center shall submit to the Secretary a
6 report containing the findings of the study.
7 (B) FORM.—The report under subpara-
8 graph (A) shall be submitted in an unclassified
9 and publicly releasable form, but may contain a
10 classified annex.
11 (2) SUBMISSION TO CONGRESS.—Not later than
12 30 days after the date on which the Secretary of De-
13 fense receives the report under paragraph (1), the
14 Secretary shall submit to the appropriate congres-
15 sional committees a copy of such report, submitted
16 without change.
17 (e) DEFINITIONS.—In this section:
18 (1) The term ‘‘appropriate congressional com-
19 mittees’’ means—
20 (A) the congressional defense committees;
21 (B) the Committee on Transportation and
22 Infrastructure of the House of Representatives;
23 and
24 (C) the Committee on Commerce, Science,
25 and Transportation of the Senate.
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1 (2) The term ‘‘contested logistics environment’’
2 has the meaning given that term in section 2926 of
3 title 10, United States Code.
4 SEC. 354. PROGRAMS OF MILITARY DEPARTMENTS ON RE-
5 DUCTION OF FUEL RELIANCE AND PRO-
6 MOTION OF ENERGY-AWARE BEHAVIORS.
7 (a) ESTABLISHMENT.—Subchapter III of chapter
8 173 of title 10, United States Code, is amended by adding
9 at the end the following new section:
10 ‘‘§ 2928. Programs on reduction of fuel reliance and
11 promotion of energy-aware behaviors
12 ‘‘(a) ESTABLISHMENT.—Each Secretary of a military
13 department shall establish a program for the promotion
14 of energy-aware behaviors within that military department
15 and the reduction of unnecessary fuel consumption in sup-
16 port of the goals under subsection (b).
17 ‘‘(b) GOALS.—The goals of the programs established
18 under subsection (a) shall be as follows:
19 ‘‘(1) To reduce the reliance of the Department
20 of Defense on fossil fuels.
21 ‘‘(2) To decrease energy-related strategic
22 vulnerabilities and enhance military readiness.
23 ‘‘(3) To integrate sustainability features for
24 new and existing military installations and other fa-
25 cilities of the Department.
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1 ‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the
2 program of a military department under subsection (a),
3 the Secretary of such military department shall carry out,
4 with respect to the military department, and at a min-
5 imum, the following:
6 ‘‘(1) The development and implementation of a
7 strategy for the collection and analysis of data on
8 fuel consumption, to identify operational inefficien-
9 cies and enable data-driven decision-making with re-
10 spect to the reduction of fuel consumption and fuel
11 logistics.
12 ‘‘(2) The fostering of an energy-aware culture
13 across the military department to reduce fuel con-
14 sumption, including through—
15 ‘‘(A) the provision of educational and
16 training materials, including such materials
17 that provide information on the importance of
18 operational energy security and energy-aware
19 behavior for military readiness and combat ca-
20 pability; and
21 ‘‘(B) the pursuit of relevant research op-
22 portunities with civilian institutions of higher
23 education and postsecondary educational insti-
24 tutions within the Department of Defense.
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1 ‘‘(3) The integration of operational energy fac-
2 tors into the wargaming of the military department
3 and other related training activities that involve the
4 modeling of scenarios, in accordance with subsection
5 (d), to provide to participants in such activities real-
6 istic data on the risks and challenges relating to
7 operational energy and fuel logistics.
8 ‘‘(4) The implementation of data-driven oper-
9 ations planning and logistics, to optimize cargo
10 transport, streamline operations, and reduce fuel de-
11 mand and reliance within the military department.
12 ‘‘(d) WARGAMING ELEMENTS.—In integrating oper-
13 ational energy factors into the wargaming and related
14 training activities of a military department under sub-
15 section (c)(4), the Secretary of the military department
16 shall seek to ensure that the planning, design, and execu-
17 tion of such activities include—
18 ‘‘(1) coordination with the elements of the mili-
19 tary department responsible for fuel and logistics
20 matters, to ensure the modeling of energy demand
21 and network risk during such activities are accurate,
22 taking into account shortfalls and the direct and in-
23 direct effects of the efforts of foreign adversaries to
24 target fuel supply chains; and
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1 ‘‘(2) a focus on improving integrated life-cycle
2 management processes and fuel supply logistics.’’.
3 (b) DEADLINE FOR ESTABLISHMENT.—The pro-
4 grams required under section 2928 of title 10, United
5 States Code, as added by subsection (a), shall be estab-
6 lished by not later than 180 days after the date of the
7 enactment of this Act.
8 (c) BRIEFING.—Not later than 180 days after the
9 date of enactment of this Act, each Secretary of a military
10 department shall provide to the congressional defense
11 committees a briefing on the establishment of the program
12 of the military department required under such section
13 2928.
14 Subtitle F—Matters Relating to De-
15 pots and Ammunition Produc-
16 tion Facilities
17 SEC. 361. BUDGETING FOR DEPOT AND AMMUNITION PRO-
18 DUCTION FACILITY MAINTENANCE AND RE-
19 PAIR: ANNUAL REPORT.
20 Chapter 9 of title 10, United States Code, is amended
21 by adding at the end the following new section (and con-
22 forming the table of sections at the beginning of such
23 chapter accordingly):
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1 ‘‘§ 239d. Budgeting for depot and ammunition pro-
2 duction facility maintenance and repair:
3 annual report
4 ‘‘(a) ANNUAL REPORT.—The Secretary of Defense,
5 in coordination with the Secretaries of the military depart-
6 ments, shall include with the defense budget materials for
7 each fiscal year a report regarding the maintenance and
8 repair of covered facilities.
9 ‘‘(b) ELEMENTS.—Each report required under sub-
10 section (a) shall include, at a minimum, the following
11 (disaggregated by military department):
12 ‘‘(1) With respect to each of the three fiscal
13 years preceding the fiscal year covered by the de-
14 fense budget materials with which the report is in-
15 cluded, revenue data for that fiscal year for the
16 maintenance, repair, and overhaul workload funded
17 at all the depots of the military department.
18 ‘‘(2) With respect to the fiscal year covered by
19 the defense budget materials with which the report
20 is included and each of the two fiscal years prior, an
21 identification of the following:
22 ‘‘(A) The amount of appropriations budg-
23 eted for that fiscal year for depots, further
24 disaggregated by the type of appropriation.
25 ‘‘(B) The amount budgeted for that fiscal
26 year for working-capital fund investments by
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1 the Secretary of the military department for the
2 capital budgets of the covered depots of the
3 military department, shown in total and further
4 disaggregated by whether the investment relates
5 to the efficiency of depot facilities, work envi-
6 ronment, equipment, equipment (non-capital in-
7 vestment program), or processes.
8 ‘‘(C) The total amount required to be in-
9 vested by the Secretary of the military depart-
10 ment for that fiscal year for the capital budgets
11 of covered depots pursuant to section 2476(a)
12 of this title.
13 ‘‘(D) A comparison of the budgeted
14 amount identified under subparagraph (B) with
15 the total required amount identified under sub-
16 paragraph (C).
17 ‘‘(E) For each covered depot of the mili-
18 tary department, of the total required amount
19 identified under subparagraph (C), the percent-
20 age of such amount allocated, or projected to be
21 allocated, to the covered depot for that fiscal
22 year.
23 ‘‘(3) For each covered facility of the military
24 department, the following:
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1 ‘‘(A) Information on the average facility
2 condition, average critical facility condition, res-
3 toration and maintenance project backlog, and
4 average equipment age, including a description
5 of any changes in such metrics from previous
6 years.
7 ‘‘(B) Information on the status of the im-
8 plementation at the covered facility of the plans
9 and strategies of the Department of Defense re-
10 lating to covered facility improvement, includ-
11 ing, as applicable, the implementation of the
12 strategy required under section 359 of the Na-
13 tional Defense Authorization Act for Fiscal
14 Year 2020 (Public Law 116–92; 133 Stat.
15 1323; 10 U.S.C. 2460 note).
16 ‘‘(c) DEFINITIONS.—In this section:
17 ‘‘(1) The term ‘ammunition production facility’
18 means an ammunition organic industrial base pro-
19 duction facility.
20 ‘‘(2) The terms ‘budget’ and ‘defense budget
21 materials’ have the meaning given those terms in
22 section 234 of this title.
23 ‘‘(3) The term ‘covered depot’ has the meaning
24 given that term in section 2476 of this title.
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1 ‘‘(4) The term ‘covered facility’ means a cov-
2 ered depot or an ammunition production facility.’’.
3 SEC. 362. EXTENSION OF AUTHORIZATION OF DEPOT
4 WORKING CAPITAL FUNDS FOR UNSPECIFIED
5 MINOR MILITARY CONSTRUCTION.
6 Section 2208(u)(4) of title 10, United States Code,
7 is amended by striking ‘‘2023’’ and inserting ‘‘2025’’.
8 SEC. 363. MODIFICATION TO MINIMUM CAPITAL INVEST-
9 MENT FOR CERTAIN DEPOTS.
10 (a) MODIFICATION.—Section 2476 of title 10, United
11 States Code, is amended—
12 (1) in subsection (a)—
13 (A) by striking ‘‘six’’ and inserting
14 ‘‘eight’’; and
15 (B) by adding at the end the following new
16 sentence: ‘‘Of such total amount required to be
17 invested, an amount equal to not less than two
18 percent of such average total for the preceding
19 three fiscal years shall be invested from funds
20 authorized for Facilities Sustainment, Restora-
21 tion, and Modernization activities of the mili-
22 tary department.’’; and
23 (2) in subsection (b), by inserting ‘‘ including
24 through the rebuilding of property following the end
25 of the economic useful life of the property and the
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1 restoration of property or equipment to like-new con-
2 dition,’’ after ‘‘operations,’’;
3 (3) by redesignating subsections (c) through (e)
4 as subsections (d) through (f); and
5 (4) by inserting after subsection (b) the fol-
6 lowing new subsection:
7 ‘‘(c) COMPLIANCE WITH CERTAIN REQUIRE-
8 MENTS.—In identifying amounts to invest pursuant to the
9 requirement under subsection (a), the Secretary of a mili-
10 tary department shall comply with all applicable require-
11 ments of sections 129 and 129a of this title.’’.
12 (b) CONFORMING AMENDMENT.—Section 2861(b) of
13 such title is amended by striking ‘‘subsection (e) of section
14 2476’’ and inserting ‘‘subsection (f) of section 2476’’.
15 (c) APPLICABILITY.—The amendments made by sub-
16 section (a) shall apply with respect to fiscal years begin-
17 ning on or after October 1, 2023.
18 SEC. 364. CONTINUATION OF REQUIREMENT FOR BIENNIAL
19 REPORT ON CORE DEPOT-LEVEL MAINTE-
20 NANCE AND REPAIR.
21 (a) IN GENERAL.—Section 1080(a) of the National
22 Defense Authorization Act for Fiscal Year 2016 (Public
23 Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does
24 not apply to the report required to be submitted to Con-
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1 gress under section 2464(d) of title 10, United States
2 Code.
3 (b) CONFORMING REPEAL.—Section 1061(c) of the
4 National Defense Authorization Act for Fiscal Year 2017
5 (Public Law 114–328; 130 Stat. 2401; 10 U.S.C. 111
6 note) is amended by striking paragraph (45).
7 SEC. 365. CONTINUATION OF REQUIREMENT FOR ANNUAL
8 REPORT ON FUNDS EXPENDED FOR PER-
9 FORMANCE OF DEPOT-LEVEL MAINTENANCE
10 AND REPAIR WORKLOADS.
11 (a) IN GENERAL.—Section 1080(a) of the National
12 Defense Authorization Act for Fiscal Year 2016 (Public
13 Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does
14 not apply to the report required to be submitted to Con-
15 gress under section 2466(d) of title 10, United States
16 Code.
17 (b) CONFORMING REPEAL.—Section 1061(c) of the
18 National Defense Authorization Act for Fiscal Year 2017
19 (Public Law 114–328; 130 Stat. 2401; 10 U.S.C. 111
20 note) is amended by striking paragraph (46).
21 SEC. 366. FIVE-YEAR PLANS FOR IMPROVEMENTS TO
22 DEPOT AND AMMUNITION PRODUCTION FA-
23 CILITY INFRASTRUCTURE.
24 (a) FIVE-YEAR PLANS REQUIRED.—Concurrent with
25 the submission to Congress of the budget of the President
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1 for each of fiscal years 2024, 2025, 2026, 2027, and 2028
2 pursuant to section 1105(a) of title 31, United States
3 Code, each Secretary of a military department shall sub-
4 mit to the congressional defense committees a report con-
5 taining a description of the plan of that Secretary to im-
6 prove depot and ammunition production facility infra-
7 structure during the five fiscal years following the fiscal
8 year for which such budget is submitted, with the objective
9 of ensuring that all covered facilities have the capacity and
10 capability to support the readiness and material avail-
11 ability goals of current and future weapon systems of the
12 Department of Defense.
13 (b) ELEMENTS.—Each plan required pursuant to
14 subsection (a) shall include, with respect to the depots and
15 ammunition production facilities of the military depart-
16 ment for which the plan is submitted, the following:
17 (1) A comprehensive review of the conditions
18 and performance of each covered facility, including
19 the following:
20 (A) An assessment of the current status of
21 the following elements:
22 (i) Cost and schedule performance of
23 the covered facility.
24 (ii) Material availability of weapon
25 systems supported at the covered facility
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1 and the impact of the performance of the
2 covered facility on that availability.
3 (iii) Work in progress and non-oper-
4 ational items awaiting covered facility
5 maintenance.
6 (iv) The condition of the covered facil-
7 ity.
8 (v) The backlog of restoration and
9 modernization projects at the covered facil-
10 ity.
11 (vi) The condition of equipment at the
12 covered facility.
13 (vii) The vulnerability of the covered
14 facility to adverse environmental conditions
15 and, if necessary, the investment required
16 to withstand those conditions.
17 (B) With respect to the five-year period
18 covered by the plan, an identification of the
19 major lines of effort, milestones, and specific
20 goals over such period to address the elements
21 specified in subparagraph (A) and a description
22 of how such goals serve the long-term strategies
23 of the Department of Defense relating to cov-
24 ered facility improvement, including, as applica-
25 ble, the strategy required under section 359 of
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1 the National Defense Authorization Act for Fis-
2 cal Year 2020 (Public Law 116–92; 133 Stat.
3 1323; 10 U.S.C. 2460 note).
4 (2) The estimated costs of necessary depot and
5 ammunition production facility improvements and a
6 description of how such costs would be addressed by
7 the Department of Defense budget request sub-
8 mitted during the same year as the plan and the ap-
9 plicable future-years defense program.
10 (3) Information regarding the plan of the Sec-
11 retary of the military department to initiate such en-
12 vironmental and engineering studies as may be nec-
13 essary to carry out planned depot and ammunition
14 production facility improvements.
15 (4) Detailed information regarding how depot
16 improvement projects and ammunition production
17 facility improvement projects will be paced and
18 sequenced to ensure continuous operations.
19 (c) INCORPORATION OF RESULTS-ORIENTED MAN-
20 AGEMENT PRACTICES.—Each plan required pursuant to
21 subsection (a) shall incorporate the leading results-ori-
22 ented management practices identified in the report of the
23 Comptroller General of the United States titled ‘‘Actions
24 Needed to Improve Poor Conditions of Facilities and
25 Equipment that Affect Maintenance Timeliness and Effi-
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1 ciency’’ (GAO–19–242), or any successor report, includ-
2 ing—
3 (1) analytically based goals;
4 (2) results-oriented metrics;
5 (3) the identification of required resources,
6 risks, and stakeholders; and
7 (4) regular reporting on progress to decision-
8 makers.
9 (d) DEFINITIONS.—In this section:
10 (1) The term ‘‘ammunition production facility’’
11 means an ammunition organic industrial base pro-
12 duction facility.
13 (2) The term ‘‘covered depot’’ has the meaning
14 given that term in section 2476 of title 10, United
15 States Code.
16 (3) The term ‘‘covered facility’’ means a cov-
17 ered depot or an ammunition production facility.
18 SEC. 367. CLARIFICATION OF CALCULATION FOR CERTAIN
19 WORKLOAD CARRYOVER OF DEPARTMENT
20 OF ARMY.
21 For purposes of calculating the amount of workload
22 carryover with respect to the depots and arsenals of the
23 Department of the Army, the Secretary of Defense shall
24 authorize the Secretary of the Army to use a calculation
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1 for such carryover that applies a material end of period
2 exclusion.
3 Subtitle G—Reports
4 SEC. 371. ANNUAL REPORTS BY DEPUTY SECRETARY OF
5 DEFENSE ON ACTIVITIES OF JOINT SAFETY
6 COUNCIL.
7 Section 184(k) of title 10, United States Code is
8 amended—
9 (1) by striking ‘‘REPORT.—The Chair’’ and in-
10 serting ‘‘REPORTS.—(1) The Chair’’; and
11 (2) by adding at the end the following new
12 paragraph:
13 ‘‘(2) Not later than December 31, 2022, and on an
14 annual basis thereafter, the Deputy Secretary of Defense
15 shall submit to the congressional defense committees a re-
16 port containing—
17 ‘‘(A) a summary of the goals and priorities of
18 the Deputy Secretary for the year following the date
19 of the submission of the report with respect to the
20 activities of the Council; and
21 ‘‘(B) an assessment by the Deputy Secretary of
22 the activities of the Council carried out during the
23 year preceding the date of such submission.’’.
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1 SEC. 372. QUARTERLY REPORTS ON EXPENDITURES FOR
2 ESTABLISHMENT OF FUEL DISTRIBUTION
3 POINTS IN INDOPACOM AREA OF RESPONSI-
4 BILITY.
5 (a) QUARTERLY REPORTS REQUIRED.—The Com-
6 mander of United States Indo-Pacific Command shall sub-
7 mit to the congressional defense committees quarterly re-
8 ports on the use of the funds described in subsection (c)
9 until the date on which all such funds are expended.
10 (b) CONTENTS OF REPORT.—Each report required
11 under subsection (a) shall include an expenditure plan for
12 the establishment of fuel distribution points in the area
13 of responsibility of United States Indo-Pacific Command
14 relating to the defueling and closure of the Red Hill Bulk
15 Fuel Storage Facility.
16 (c) FUNDS DESCRIBED.—The funds described in this
17 subsection are the amounts authorized to be appropriated
18 or otherwise made available for fiscal year 2023 for Mili-
19 tary Construction, Defense-wide for Planning and Design
20 for United States Indo-Pacific Command.
21 SEC. 373. SECRETARY OF DEFENSE REPORT ON ESTAB-
22 LISHING PROCEDURE FOR ALERTING ABOUT
23 EXPOSURE TO PERFLUOROALKYL SUB-
24 STANCES.
25 (a) IN GENERAL.—Not later than 1 year after the
26 date of the enactment of this Act, the Secretary of Defense
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1 shall submit a report to Congress detailing how to estab-
2 lish a process for alerting active and retired members of
3 the Armed Forces (and their families) about any applica-
4 ble exposure of such individuals to perfluoroalkyl sub-
5 stances, and any potential health risks resulting from such
6 exposure.
7 (b) APPLICABLE EXPOSURE DEFINED.—For pur-
8 poses of subsection (a), ‘‘applicable exposure’’ means expo-
9 sure while serving on a military base that contains
10 perfluoroalkyl substance contamination of more than the
11 acceptable exposure limits provided by the Environmental
12 Protection Agency (0.004 parts per trillion (ppt) for
13 perfluorooctanoic acid (PFOA) and 0.02 ppt for
14 perfluorooctane sulfonic acid (PFOS)).
15 SEC. 374. REPORT ON EFFECTS OF WILDFIRE AND
16 DROUGHT CONDITIONS ON MILITARY READI-
17 NESS AT UNITED STATES NAVAL OBSERV-
18 ATORY FLAGSTAFF STATION.
19 Not later than one year after the date of the enact-
20 ment of this Act, the Secretary of Defense shall submit
21 to the congressional defense committees a report on the
22 effects of wildfire and persistent drought conditions at the
23 United States Naval Observatory Flagstaff Station. Such
24 report shall include the following:
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1 (1) A detailed description of the threat that
2 such conditions pose to the United States Naval Ob-
3 servatory Flagstaff Station, including with respect to
4 the mission of the facility, continued operations,
5 military readiness, military and civilian workforce,
6 housing, and access to water at the facility.
7 (2) Recommendations for actions to be taken by
8 the Secretary of Defense, and by Congress, to en-
9 sure the continued and safe operations of the facil-
10 ity.
11 SEC. 375. REPORTS RELATING TO AQUEOUS FILM-FORMING
12 FOAM SUBSTITUTES AND PFAS CONTAMINA-
13 TION AT CERTAIN INSTALLATIONS.
14 (a) REPORT ON PROGRESS TOWARDS AFFF SUB-
15 STITUTES.—Not later than one year after the date of the
16 enactment of this Act, the Under Secretary of Defense for
17 Acquisition and Sustainment shall submit to the congres-
18 sional defense committees a report on the progress made
19 towards, and the status of any certification efforts relating
20 to, the replacement of fluorinated aqueous film-forming
21 foam with a fluorine-free fire-fighting agent, as required
22 under section 322 of the National Defense Authorization
23 Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat.
24 1307; 10 USC 2661 note prec.).
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1 (b) REPORT ON NON-AFFF PFAS CONTAMINATION
2 AT CERTAIN MILITARY INSTALLATIONS.—Not later than
3 one year after the date of the enactment of this Act, the
4 Under Secretary of Defense for Acquisition and
5 Sustainment shall submit to the congressional defense
6 committees a report on known or suspected contamination
7 on or around military installations located in the United
8 States resulting from the release of any perfluoroalkyl
9 substance or polyfluoroalkyl substance originating from a
10 source other than aqueous film-forming foam.
11 SEC. 376. BRIEFINGS ON IMPLEMENTATION OF REC-
12 OMMENDATIONS RELATING TO SAFETY AND
13 ACCIDENT PREVENTION.
14 Beginning not later than 45 days after the date of
15 the enactment of this Act, and on a biannual basis there-
16 after until such time as each recommendation referred to
17 in this section has been implemented, the Secretary of De-
18 fense shall provide to the Committees on Armed Services
19 of the House of Representatives and the Senate a briefing
20 on the status of the implementation of recommendations
21 relating to safety and the prevention of accidents and mis-
22 haps (including fatal accidents) with respect to members
23 of the Armed Forces, including—
24 (1) the recommendations of the Comptroller
25 General of the United States in the Government Ac-
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1 countability Office report of July 2021, titled ‘‘Mili-
2 tary Vehicles: Army and Marine Corps Should Take
3 Additional Actions to Mitigate and Prevent Training
4 Accidents’’ (relating to vehicle safety);
5 (2) the recommendations of the National Com-
6 mission on Military Aviation Safety under section
7 1087 of the John S. McCain National Defense Au-
8 thorization Act for Fiscal Year 2019 (Public Law
9 115–232; 132 Stat. 1992); and
10 (3) the 117 recommendations of the Readiness
11 Reform Oversight Committee of the Department of
12 the Navy following the deaths of 17 members of the
13 Armed Forces on the USS John McCain and the
14 USS Fitzgerald.
15 Subtitle H—Other Matters
16 SEC. 381. ACCOUNTABILITY FOR MILITARY WORKING DOGS.
17 (a) IN GENERAL.—Chapter 50 of title 10, United
18 States Code, is amended by adding at the end the fol-
19 lowing new section (and conforming the table of sections
20 at the beginning of such chapter accordingly):
21 ‘‘§ 995. Accountability for military working dogs
22 ‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CON-
23 TRACTORS.—
24 ‘‘(1) REQUIREMENT.—The Secretary of De-
25 fense shall require that each covered contractor sub-
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1 mit to the Under Secretary of Defense (Comp-
2 troller), on an annual basis for the contract period,
3 a report containing an identification of—
4 ‘‘(A) the number of military working dogs
5 that are in the possession of the covered con-
6 tractor and located outside of the continental
7 United States in support of a military oper-
8 ation, if any; and
9 ‘‘(B) the primary location of any such mili-
10 tary working dogs.
11 ‘‘(2) GUIDANCE.—The Under Secretary of De-
12 fense (Comptroller) shall issue guidance on the an-
13 nual reporting requirement under paragraph (1) for
14 purposes of carrying out this section.
15 ‘‘(b) ANNUAL REPORT TO CONGRESS.—Not later
16 than March 1, 2023, and on an annual basis thereafter,
17 the Secretary of Defense shall submit to the congressional
18 defense a committees a report on the implementation of
19 this section.
20 ‘‘(c) COVERED CONTRACTOR DEFINED.—The term
21 ‘covered contractor’ means a contractor of the Department
22 of Defense the contract of which the Secretary determines
23 involves military working dogs.’’.
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1 (b) APPLICABILITY.—The amendments made by sub-
2 section (a) shall apply with respect to contracts entered
3 into on or after the date of the enactment of this Act.
4 (c) DEADLINE FOR GUIDANCE.—Not later than 180
5 days after the date of the enactment of this Act, the Under
6 Secretary of Defense (Comptroller) shall issue the guid-
7 ance specified in section 995(a)(2) of title 10, United
8 States Code, as added by subsection (a).
9 (d) REGULATIONS TO PROHIBIT ABANDONMENT.—
10 Not later than 2 years after the date of the enactment
11 of this Act, the Secretary of Defense shall issue regula-
12 tions to prohibit the abandonment of military working
13 dogs used in support of a military operation outside of
14 the continental United States.
15 SEC. 382. MEMBERSHIP OF COAST GUARD ON JOINT SAFE-
16 TY COUNCIL.
17 Section 184(b)(1) of title 10, United States Code, is
18 amended—
19 (1) by redesignating subparagraph (D) as sub-
20 paragraph (E); and
21 (2) by inserting after subparagraph (C) the fol-
22 lowing new subparagraph:
23 ‘‘(D) During periods in which the Coast Guard
24 is not operating as a service in the Department of
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1 the Navy, an officer of the Coast Guard, appointed
2 by the Secretary of Homeland Security.’’.
3 SEC. 383. REQUIREMENT OF SECRETARY OF DEFENSE TO
4 REIMBURSE STATE COSTS OF FIGHTING CER-
5 TAIN WILDLAND FIRES.
6 (a) REQUIREMENT.—Section 2691(d) of title 10,
7 United States Code, is amended by striking ‘‘may’’ and
8 inserting ‘‘shall’’.
9 (b) APPLICABILITY.—The amendment made by sub-
10 section (a) shall apply with respect to any lease, permit,
11 license, or other grant of access that the Secretary of De-
12 fense enters into, or grants, on or after the date of the
13 enactment of this Act.
14 SEC. 384. EXPANDED CONSULTATION IN TRAINING OF NA-
15 TIONAL GUARD PERSONNEL ON WILDFIRE
16 RESPONSE.
17 Section 351 of the National Defense Authorization
18 Act for Fiscal Year 2018 (Public Law 115–91) is amended
19 by inserting ‘‘and the National Interagency Fire Center’’
20 after ‘‘Bureau’’.
21 SEC. 385. INTERAGENCY COLLABORATION AND EXTENSION
22 OF PILOT PROGRAM ON MILITARY WORKING
23 DOGS AND EXPLOSIVES DETECTION.
24 (a) EXTENSION OF PILOT PROGRAM.—Section
25 381(b) of the National Defense Authorization Act for Fis-
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1 cal Year 2022 (Public Law 117–81; 135 Stat. 1672; 10
2 U.S.C. 3062 note) is amended by striking ‘‘2024’’ and in-
3 serting ‘‘2025’’.
4 (b) REVIEW OF RESEARCH EFFORTS OF DEPART-
5 MENT OF DEFENSE AND DEPARTMENT OF HOMELAND
6 SECURITY.—
7 (1) REVIEW.—The Secretary of Defense, in co-
8 ordination with the Secretary of Homeland Security,
9 shall conduct a review of the recent and ongoing re-
10 search, testing, and evaluation efforts of the Depart-
11 ment of Defense and the Department of Homeland
12 Security, respectively, regarding explosives detection
13 working dogs.
14 (2) MATTERS.—The review under paragraph
15 (1) shall include an analysis of the following:
16 (A) Any recent or ongoing research efforts
17 of the Department of Defense or the Depart-
18 ment of Homeland Security, respectively, relat-
19 ing to explosives detection working dogs, and
20 any similarities between such efforts.
21 (B) Any recent or ongoing veterinary re-
22 search efforts of the Department of Defense or
23 the Department of Homeland Security, respec-
24 tively, relating to working dogs, canines, or
25 other areas that may be relevant to the im-
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1 provement of the breeding, health, performance,
2 or training of explosives detection working dogs.
3 (C) Any research areas relating to explo-
4 sives detection working dogs in which there is
5 a need for ongoing research but no such ongo-
6 ing research is being carried out by either the
7 Secretary of Defense or the Secretary of Home-
8 land Security, particularly with respect to the
9 health, domestic breeding, and training of ex-
10 plosives detection working dogs.
11 (D) How the recent and ongoing research
12 efforts of the Department of Defense and the
13 Department of Homeland Security, respectively,
14 may improve the domestic breeding of working
15 dogs, including explosives detection working
16 dogs, and the health outcomes and performance
17 of such domestically bred working dogs, includ-
18 ing through coordination with academic or in-
19 dustry partners with experience in research re-
20 lating to working dogs.
21 (E) Potential opportunities for the Sec-
22 retary of Defense to collaborate with the Sec-
23 retary of Homeland Security on research relat-
24 ing to explosives detection working dogs.
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1 (F) Any research partners of the Depart-
2 ment of Defense or the Department of Home-
3 land Security, or both, that may be beneficial in
4 assisting with the research efforts and areas de-
5 scribed in this subsection.
6 (c) PLAN REQUIRED.—Not later than 180 days of
7 the date of the enactment of this Act, the Secretary of
8 Defense shall submit to the congressional defense commit-
9 tees a plan for the Secretary of Defense to collaborate,
10 as appropriate, with the Secretary of Homeland Security
11 on research relating to explosives detection working dogs
12 and other relevant matters. Such plan shall include the
13 following:
14 (1) An analysis of potential opportunities for
15 collaboration between the Secretary of Defense and
16 the Secretary of Homeland Security on the research
17 efforts and areas described in subsection (a)(2).
18 (2) An identification of specific programs or
19 areas of research for such collaboration.
20 (3) An identification of any additional agree-
21 ments or authorities necessary for the Secretaries to
22 carry out such collaboration.
23 (4) An identification of additional funding nec-
24 essary to carry out such collaboration.
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1 (5) An analysis of potential coordination on the
2 research efforts and areas described in subsection
3 (a)(2) with academic and industry partners with ex-
4 perience in research relating to working dogs, in-
5 cluding an identification of potential opportunities
6 for such coordination in carrying out the collabora-
7 tion described in paragraph (1).
8 (6) A proposed timeline for the Secretary of
9 Defense to engage in such collaboration, including
10 specific proposed deadlines.
11 (7) Any other matters the Secretary of Defense
12 considers appropriate.
13 (d) EXPLOSIVES DETECTION WORKING DOG.—In
14 this section, the term ‘‘explosives detection working dog’’
15 means a canine that, in connection with the work duties
16 of the canine performed for a Federal department or agen-
17 cy, is certified and trained to detect odors indicating the
18 presence of explosives in a given object or area, in addition
19 to the performance of such other duties for the Federal
20 department or agency as may be assigned.
21 SEC. 386. ESTABLISHMENT OF ARMY AND AIR FORCE SAFE-
22 TY COMMANDS; IMPLEMENTATION OF ACCI-
23 DENT INVESTIGATION RECOMMENDATIONS.
24 (a) SAFETY COMMANDS.—
25 (1) ARMY SAFETY COMMAND.—
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1 (A) ESTABLISHMENT.—Not later than 180
2 days after the date of the enactment of this
3 Act, the Secretary of the Army shall establish
4 within the Department of the Army an ‘‘Army
5 Safety Command’’.
6 (B) COMMANDER.—There is a Commander
7 of the Army Safety Command. The Commander
8 shall be selected by the Secretary of the Army
9 from among the general officers of the Army
10 who hold a rank of major general or higher.
11 (C) DUTIES.—The duties of the Army
12 Safety Command shall include, with respect to
13 the Army, the formulation of safety policy, the
14 development of risk management strategies, the
15 monitoring of risk adjudication processes, the
16 provision of safety-related training, and such
17 other duties as the Secretary of the Army may
18 determine appropriate.
19 (2) AIR FORCE SAFETY COMMAND.—
20 (A) ESTABLISHMENT.—Not later than 180
21 days after the date of the enactment of this
22 Act, the Secretary of the Air Force shall estab-
23 lish within the Department of the Air Force an
24 ‘‘Air Force Safety Command’’.
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1 (B) COMMANDER.—There is a Commander
2 of the Air Force Safety Command. The Com-
3 mander shall be selected by the Secretary of the
4 Air Force from among the general officers of
5 the Air Force who hold a rank of major general
6 or higher.
7 (C) DUTIES.—The duties of the Air Force
8 Safety Command shall include, with respect to
9 the Air Force, the formulation of safety policy,
10 the development of risk management strategies,
11 the monitoring of risk adjudication processes,
12 the provision of safety-related training, and
13 such other duties as the Secretary of the Air
14 Force may determine appropriate.
15 (3) TRANSFER OF PREEXISTING ORGANIZA-
16 TIONAL ELEMENTS.—As of the date on which the
17 Safety Command of a military department is estab-
18 lished under this subsection, any element of that
19 military department responsible for the duties of
20 such Safety Command as of the day before the date
21 of such establishment (including the duties, respon-
22 sibilities, and personnel of any such element) shall
23 be transferred to such Safety Command.
24 (4) BRIEFINGS.—Not later than 90 days after
25 the date on which the Safety Command of a military
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1 department is established under this subsection, the
2 Secretary of that military department shall provide
3 to the congressional defense committees a briefing
4 on the duties, assigned personnel, key lines of effort,
5 and organizational structure of such Safety Com-
6 mand.
7 (b) IMPLEMENTATION OF ACCIDENT INVESTIGATION
8 RECOMMENDATION.—
9 (1) ESTABLISHMENT OF RESPONSIBLE ENTI-
10 TIES.—
11 (A) ARMY.—Not later than 180 days of
12 enactment of this Act, the Secretary of the
13 Army shall establish within the Department of
14 the Army an entity the primary responsibility of
15 which is to ensure the implementation across
16 the Army of recommended actions arising from
17 accident investigations conducted by the De-
18 partment of Defense.
19 (B) AIR FORCE.—Not later than 180 days
20 of enactment of this Act, the Secretary of the
21 Air Force shall establish within the Department
22 of the Air Force an entity the primary responsi-
23 bility of which is to ensure the implementation
24 across the Air Force of recommended actions
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1 arising from accident investigations conducted
2 by the Department of Defense.
3 (2) BRIEFINGS.—Not later than 90 days after
4 the date on which the Secretary of a military depart-
5 ment establishes a responsible entity under para-
6 graph (1), that Secretary shall provide to the con-
7 gressional defense committees a briefing on the du-
8 ties, assigned personnel, key lines of effort, and or-
9 ganizational structure of such entity.
10 SEC. 387. NATIONAL STANDARDS FOR FEDERAL FIRE PRO-
11 TECTION AT MILITARY INSTALLATIONS.
12 (a) STANDARDS REQUIRED.—The Secretary of De-
13 fense shall ensure that—
14 (1) members of the Armed Forces and employ-
15 ees of Defense Agencies who provide fire protection
16 services to military installations shall comply with
17 the National Consensus Standards developed by the
18 National Fire Protection Association pursuant to
19 section 12(d) of the National Technology Transfer
20 and Advancement Act of 1995 (Pub. L. 104–113;
21 15 U.S.C. 272 note);
22 (2) the minimum staffing requirement for any
23 firefighting vehicle responding to a structural build-
24 ing emergency at a military installation is not less
25 than four firefighters per vehicle; and
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1 (3) the minimum staffing requirement for any
2 firefighting vehicle responding to an aircraft or air-
3 field incident at a military installation is not less
4 than three firefighters per vehicle.
5 (b) DEFINITIONS.—In this section:
6 (1) The terms ‘‘Armed Forces’’ and ‘‘Defense
7 Agency’’ have the meanings given such terms in sec-
8 tion 101 of title 10, United States Code.
9 (2) The term ‘‘firefighter’’ has the meaning
10 given that term in section 707(b) of the National
11 Defense Authorization Act for Fiscal Year 2020
12 (Pub. L. 116–92; 10 U.S.C. 1074m note).
13 (3) The term ‘‘military installation’’ has the
14 meaning given that term in section 2801 of title 10,
15 United States Code.
16 SEC. 388. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY
17 DATA COLLECTION.
18 (a) IN GENERAL.—Not later than one year after the
19 date of the enactment of this Act, the Secretary of the
20 Army and the Secretary of the Navy shall jointly carry
21 out a pilot program to evaluate the feasibility of using
22 data recorders to monitor, assess, and improve the readi-
23 ness and safety of the operation of military tactical vehi-
24 cles (in this section referred to as the ‘‘pilot program’’).
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1 (b) PURPOSES.—The purposes of the pilot program
2 are—
3 (1) to allow for the automated identification of
4 hazards and potential hazards on and off military
5 installations;
6 (2) to mitigate and increase awareness of haz-
7 ards and potential hazards on and off military in-
8 stallations;
9 (3) to identify near-miss accidents;
10 (4) to create a standardized record source for
11 accident investigations;
12 (5) to assess individual driver proficiency, risk,
13 and readiness;
14 (6) to increase consistency in the implementa-
15 tion of military installation and unit-level range safe-
16 ty programs across military installations and units;
17 (7) to evaluate the feasibility of incorporating
18 metrics generated from data recorders into the safe-
19 ty reporting systems and to the Defense Readiness
20 Reporting System as a measure of assessing safety
21 risks, mitigations, and readiness;
22 (8) to determine the costs and benefits of retro-
23 fitting data recorders on legacy platforms and in-
24 cluding data recorders as a requirement in acquisi-
25 tion of military tactical vehicles; and
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1 (9) any other matters as determined by the
2 Secretary concerned.
3 (c) REQUIREMENTS.—In carrying out the pilot pro-
4 gram, the Secretary of the Army and the Secretary of the
5 Navy shall—
6 (1) assess the feasibility of using commercial
7 technology, such as smartphones or technologies
8 used by insurance companies, as a data recorder;
9 (2) test and evaluate a minimum of two data
10 recorders that meet the pilot program requirements;
11 (3) select a data recorder capable of collecting
12 and exporting the telemetry data, event data, and
13 driver identification during operation and accidents;
14 (4) install and maintain a data recorder on a
15 sufficient number of each of the military tactical ve-
16 hicles listed under subsection (f) at installations se-
17 lected by the Secretary concerned under subsection
18 (e) for statistically significant results;
19 (5) establish and maintain a database that con-
20 tains telemetry data, driver data, and event data
21 captured by the data recorder;
22 (6) regularly generate for each installation se-
23 lected under subsection (e) a dataset that is viewable
24 in widely available mapping software of hazards and
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1 potential hazards based on telemetry data and event
2 data captured by the data recorders;
3 (7) generate actionable data sets and statistics
4 on individual, vehicle, and military installation;
5 (8) require commanders at the installations se-
6 lected under subsection (e) to incorporate the action-
7 able data sets and statistics into the installation
8 range safety program;
9 (9) require unit commanders at the installations
10 selected under subsection (e) to incorporate the ac-
11 tionable data sets and statistics into the unit driver
12 safety program;
13 (10) evaluate the feasibility of integrating data
14 sets and statistics to improve driver certification and
15 licensing based on data recorded and generated by
16 the data recorders;
17 (11) use open architecture to the maximum ex-
18 tent practicable; and
19 (12) carry out any other activities determined
20 by the Secretary as necessary to meet the purposes
21 under subsection (b).
22 (d) IMPLEMENTATION PLAN.—Not later than 180
23 days after the date of the enactment of this Act, the Sec-
24 retary of the Army and the Secretary of the Navy shall
25 develop a plan for implementing the pilot program.
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1 (e) LOCATIONS.—Each Secretary concerned shall
2 carry out the pilot program at not fewer than one military
3 installation in the United States selected by the Secretary
4 concerned that meets the following conditions:
5 (1) Contains the necessary force structure,
6 equipment, and maneuver training ranges to collect
7 driver and military tactical vehicle data during train-
8 ing and routine operation.
9 (2) Represents at a minimum one of the five
10 training ranges identified in the study by the Comp-
11 troller General of the United States titled ‘‘Army
12 and Marine Corps Should Take Additional Actions
13 to Mitigate and Prevent Training Accidents’’ that
14 did not track unit location during the training
15 events.
16 (f) COVERED MILITARY TACTICAL VEHICLES.—The
17 pilot program shall cover the following military tactical ve-
18 hicles:
19 (1) Army Strykers.
20 (2) Marine Corps Light Armored Vehicles.
21 (3) Army Family of Medium Tactical Vehicles.
22 (4) Marine Corps Medium Tactical Vehicle Re-
23 placements.
24 (5) Army and Marine Corps High Mobility Mul-
25 tipurpose Wheeled Vehicles.
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1 (6) Army and Marine Corps Joint Light Tac-
2 tical Vehicles.
3 (7) Army and United States Special Operations
4 Command Ground Mobility Vehicles.
5 (8) Army Infantry Squad Vehicles.
6 (9) Army Heavy Tactical Wheeled Vehicles.
7 (g) METRICS.—The Secretaries shall develop metrics
8 to evaluate the effectiveness of the pilot program in moni-
9 toring, assessing, and improving vehicle safety, driver
10 readiness, and mitigation of risk.
11 (h) REPORTS.—
12 (1) INITIAL.—Not later than 180 days after the
13 date of the enactment of this Act, the Secretary of
14 the Army and the Secretary of the Navy shall jointly
15 submit to the congressional defense committees a re-
16 port on the pilot program that addresses the plan
17 for implementing the requirements under subsection
18 (c), including the established metrics under sub-
19 section (g).
20 (2) INTERIM.—Not later than three years after
21 the commencement of the pilot program, the Sec-
22 retary of the Army and the Secretary of the Navy
23 shall jointly submit to the congressional defense
24 committees a report on the status of the pilot pro-
25 gram, including the preliminary results in carrying
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1 out the pilot program, the metrics generated during
2 the pilot program, disaggregated by military tactical
3 vehicle, location, and service, and the implementa-
4 tion plan under subsection (d).
5 (3) FINAL.—
6 (A) IN GENERAL.—Not later than 90 days
7 after the termination of the pilot program, the
8 Secretary of the Army and the Secretary of the
9 Navy shall jointly submit to the congressional
10 defense committees a report on the results of
11 the program.
12 (B) ELEMENTS.—The report required by
13 subparagraph (A) shall—
14 (i) assess the effectiveness of the pilot
15 program in meeting the purposes under
16 subsection (b);
17 (ii) include the metrics generated dur-
18 ing the pilot program, disaggregated by
19 military tactical vehicle, location, and serv-
20 ice;
21 (iii) include the views of range per-
22 sonnel, unit commanders, and tactical vehi-
23 cle operators involved in the pilot program
24 on the level of effectiveness of the tech-
25 nology selected;
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1 (iv) provide a cost estimate for equip-
2 ping legacy military tactical vehicles with
3 data recorders;
4 (v) determine the instances in which
5 data recorders should be a requirement in
6 the acquisition of military tactical vehicles;
7 (vi) recommend whether the pilot pro-
8 gram should be expanded or made into a
9 program of record; and
10 (vii) recommend any statutory, regu-
11 latory, or policy changes required to sup-
12 port the purposes under subsection (b).
13 (i) TERMINATION.—The authority to carry out the
14 pilot program under subsection (a) shall terminate five
15 years after the date of the enactment of this Act.
16 (j) DEFINITIONS.—In this section:
17 (1) The term ‘‘accident’’ means a collision, roll-
18 over, or other mishap involving a motor vehicle.
19 (2) The term ‘‘data recorder’’ means tech-
20 nologies installed in a motor vehicle to record driver
21 identification, telemetry data, and event data related
22 to the operation of the motor vehicle.
23 (3) The term ‘‘driver identification’’ means data
24 enabling the unique identification of the driver oper-
25 ating a motor vehicle.
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1 (4) The term ‘‘event data’’ includes data related
2 to—
3 (A) the start and conclusion of each vehicle
4 operation;
5 (B) a vehicle accident;
6 (C) a vehicle acceleration, velocity, or loca-
7 tion with an increased potential for an accident;
8 or
9 (D) a vehicle orientation with an increased
10 potential for an accident.
11 (5) The term ‘‘Secretary concerned’’ means—
12 (A) the Secretary of the Army with respect
13 to matters concerning the Army; and
14 (B) the Secretary of the Navy with respect
15 to matters concerning the Navy and Marine
16 Corps.
17 (6) The term ‘‘tactical vehicle’’ means a motor
18 vehicle designed to military specification, or a com-
19 mercial design motor vehicle modified to military
20 specification, to provide direct transportation sup-
21 port of combat or tactical operations, or for the
22 training of personnel for such operations.
23 (7) The term ‘‘telemetry data’’ includes—
24 (A) time;
25 (B) vehicle distance traveled;
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1 (C) vehicle acceleration and velocity;
2 (D) vehicle orientation, including roll,
3 pitch, and yaw; and
4 (E) vehicle location in a geographic coordi-
5 nate system, including elevation.
6 SEC. 389. REQUIREMENT FOR PUBLIC DISCLOSURE OF RE-
7 SULTS OF DEPARTMENT OF DEFENSE LEAD
8 TESTING.
9 Section 345 of the National Defense Authorization
10 Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
11 1645; 10 U.S.C. 2715 note) is amended—
12 (1) in subsection (a)—
13 (A) in paragraph (1), by inserting ‘‘or
14 lead’’ after ‘‘(commonly referred to as
15 ‘PFAS’)’’; and
16 (B) in paragraph (2), by inserting ‘‘or
17 lead’’ after ‘‘substances’’; and
18 (2) in subsections (b), (d), and (e), by inserting
19 ‘‘or lead’’ after ‘‘polyfluoroalkyl substances’’ each
20 place such term appears.
21 SEC. 390. BRIEFING RELATING TO USE OF RECYCLED RUB-
22 BER WASTE PRODUCTS BY DEPARTMENT OF
23 DEFENSE.
24 Not later than February 1, 2023, the Deputy Assist-
25 ant Secretary of Defense for Environment and Energy Re-
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1 silience shall provide to the Committees on Armed Services
2 of the House of Representatives and the Senate a briefing
3 on the use, and potential use, by the Department of recy-
4 cled and recyclable rubber products, including an assess-
5 ment of the utility of such use.
6 SEC. 391. REVIVAL OF REPORT ON NON-FEDERALIZED NA-
7 TIONAL GUARD PERSONNEL, TRAINING, AND
8 EQUIPMENT REQUIREMENTS.
9 Section 10504(c)(1) of title 10, United States Code,
10 is amended by striking ‘‘years 2018 through 2020’’ and
11 inserting ‘‘years 2023 through 2025’’.
12 SEC. 392. USE OF AMOUNTS AVAILABLE TO DEPARTMENT
13 OF DEFENSE FOR OPERATION AND MAINTE-
14 NANCE FOR REMOVAL OF MUNITIONS AND
15 EXPLOSIVES OF CONCERN IN GUAM.
16 (a) IN GENERAL.—The Secretary of Defense may use
17 amounts available to the Department of Defense for oper-
18 ation and maintenance to remove munitions and explosives
19 of concern from military installations in Guam.
20 (b) MONITORING OF REMOVAL.—The Secretary shall
21 monitor and assess the removal by the Department of mu-
22 nitions and explosives of concern from military installa-
23 tions in Guam and shall constantly update processes for
24 such removal to mitigate any issues relating to such re-
25 moval.
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1 (c) REPORT ON AMOUNTS NECESSARY.—Not later
2 than 180 days after the date of the enactment of this Act,
3 the Secretary of Defense shall submit to the congressional
4 defense committees a report indicating the amounts nec-
5 essary to conduct removal of munitions and explosives of
6 concern from military installations in Guam.
7 (d) DEFINITION.—In this section, the term ‘‘muni-
8 tions and explosives of concern’’ has the meaning given
9 that term in section 179.3 of title 32, Code of Federal
10 Regulations, or successor regulations.
11 SEC. 393. FUNDING FOR UTILITY HELICOPTER MODS.
12 (a) INCREASE.—Notwithstanding the amounts set
13 forth in the funding tables in division D, the amount au-
14 thorized to be appropriated in section 101 for Aircraft
15 Procurement, Army, as specified in the corresponding
16 funding table in section 4101, for Utility Helicopter Mods,
17 Line 026, is hereby increased by $10,000,000 for 60kVA
18 Generators.
19 (b) OFFSET.—Notwithstanding the amounts set forth
20 in the funding tables in division D, the amount authorized
21 to be appropriated in section 301 for Operations and
22 Maintenance, Army, as specified in the corresponding
23 funding table in section 4301, for Other Service Support,
24 Line 490, is hereby reduced by $10,000,000.
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1 SEC. 394. SENSE OF CONGRESS REGARDING THE USE OF
2 WORKING DOGS TO DETECT EARLY STAGES
3 OF DISEASES.
4 It is the sense of Congress that—
5 (1) the ongoing research effort conducted by
6 the Department of the Army, in partnership with
7 the University of Pennsylvania, titled Training Aid
8 Delivery Device 2.0 Training Support for COVID-19
9 Detection, is exploring the effectiveness of using
10 scent detection working dogs to detect the early
11 stages of diseases, including the coronavirus disease
12 2019 (COVID-19);
13 (2) this research effort will soon complete
14 Phase 2 and has shown promising results, including
15 an accuracy rate of 89 percent in COVID-19 detec-
16 tion from t-shirt samples; and
17 (3) it is important that the Department of De-
18 fense funds Phase 3 of this research effort to deter-
19 mine whether the use of working dogs is a feasible
20 method of responding to emerging disease threats in
21 a low-cost, low-burden, timely, and widely applicable
22 manner.
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1 SEC. 395. REQUIREMENTS TO REDUCE OUT-OF-POCKET
2 COSTS OF MEMBERS OF THE ARMED FORCES
3 FOR UNIFORM ITEMS.
4 (a) TRACKING REQUIREMENT.—The Secretary of
5 Defense shall take such steps as may be necessary to track
6 the expected useful life of uniform items for officers and
7 enlisted members of the Armed Forces, for the purposes
8 of—
9 (1) estimating the rate at which such uniform
10 items are replaced; and
11 (2) determining the resulting out-of-pocket
12 costs for such members over time.
13 (b) UNIFORM REPLACEMENT ALLOWANCE FOR CER-
14 TAIN OFFICERS.—
15 (1) ESTABLISHMENT.—The Secretary of De-
16 fense shall establish a uniform replacement allow-
17 ance under which each officer of the Armed Forces,
18 upon promotion to the grade of O–4, and once every
19 three years thereafter for such time as the officer is
20 in a grade of O–4 or above, shall be eligible to re-
21 ceive the allowance described in paragraph (2) for
22 the purpose of replacing required uniform items that
23 have exceeded the useful life of such items.
24 (2) ALLOWANCE.—The allowance described in
25 this paragraph is a cash allowance that the Sec-
26 retary shall calculate by multiplying the annual re-
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1 placement cost of each required uniform item of an
2 officer (taking into account the expected useful life
3 of the item pursuant to subsection (a) and the price
4 of the item set by the Defense Logistics Agency as
5 of the date of the calculation) by three.
6 (c) REPORT.—Not later than 120 days after the date
7 of the enactment of this Act, the Secretary of Defense
8 shall submit to the congressional defense committees a re-
9 port on the expected useful life of required uniform items,
10 projected changes to such required uniform items, and re-
11 lated costs anticipated by the Secretary (disaggregated by
12 Armed Force). Such report shall include pricing informa-
13 tion for each such item, including items that are not con-
14 sidered uniquely military.
15 SEC. 396. RECOGNITION OF SERVICE OF MILITARY WORK-
16 ING DOGS.
17 Section 1125 of title 10, United States Code, is
18 amended—
19 (1) by inserting ‘‘(a) GENERAL AUTHORITY.—
20 ’’ before ‘‘The Secretary of Defense’’; and
21 (2) by adding at the end the following new sub-
22 section:
23 ‘‘(b) RECOGNITION OF SERVICE OF MILITARY WORK-
24 ING DOGS.—The Secretary of Defense shall develop a
25 decoration or other appropriate recognition to recognize
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1 military working dogs under the jurisdiction of the Sec-
2 retary that are killed in action or that perform an excep-
3 tionally meritorious or courageous act in service to the
4 United States.’’.
5 SEC. 397. MAINTENANCE OF PUBLICLY ACCESSIBLE
6 WEBSITE BY JOINT SAFETY COUNCIL.
7 Section 184(d) of title 10, United States Code, is
8 amended by adding at the end the following new para-
9 graph:
10 ‘‘(10) Developing and maintaining (including by
11 updating on a basis that is not less frequent than
12 once every 180 days) a publicly accessible Internet
13 website that contains the following:
14 ‘‘(A) Information for the families of de-
15 ceased members of the armed forces who died
16 in a fatal operational or training accident.
17 ‘‘(B) Information on the findings of each
18 review or assessment conducted by the Council.
19 ‘‘(C) An identification of any recommenda-
20 tion of the Council relating to the prevention of
21 fatal accidents among members of the Armed
22 Forces, and information on the progress of the
23 implementation of any such recommendation.’’.
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1 TITLE IV—MILITARY
2 PERSONNEL AUTHORIZATIONS
3 Subtitle A—Active Forces
4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
5 The Armed Forces are authorized strengths for active
6 duty personnel as of September 30, 2023, as follows:
7 (1) The Army, 473,000.
8 (2) The Navy, 348,220.
9 (3) The Marine Corps, 177,000.
10 (4) The Air Force, 323,400.
11 (5) The Space Force, 8,600.
12 SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END
13 STRENGTH MINIMUM LEVELS.
14 Section 691(b) of title 10, United States Code, is
15 amended by striking paragraphs (1) through (5) and in-
16 serting the following new paragraphs:
17 ‘‘(1) For the Army, 473,000.
18 ‘‘(2) For the Navy, 348,220.
19 ‘‘(3) For the Marine Corps, 177,000.
20 ‘‘(4) For the Air Force, 323,400.
21 ‘‘(5) For the Space Force, 8,600.’’.
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1 Subtitle B—Reserve Forces
2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
3 (a) IN GENERAL.—The Armed Forces are authorized
4 strengths for Selected Reserve personnel of the reserve
5 components as of September 30, 2023, as follows:
6 (1) The Army National Guard of the United
7 States, 336,000.
8 (2) The Army Reserve, 189,500.
9 (3) The Navy Reserve, 57,700.
10 (4) The Marine Corps Reserve, 33,000.
11 (5) The Air National Guard of the United
12 States, 108,400.
13 (6) The Air Force Reserve, 70,000.
14 (7) The Coast Guard Reserve, 7,000.
15 (b) END STRENGTH REDUCTIONS.—The end
16 strengths prescribed by subsection (a) for the Selected Re-
17 serve of any reserve component shall be proportionately
18 reduced by—
19 (1) the total authorized strength of units orga-
20 nized to serve as units of the Selected Reserve of
21 such component which are on active duty (other
22 than for training) at the end of the fiscal year; and
23 (2) the total number of individual members not
24 in units organized to serve as units of the Selected
25 Reserve of such component who are on active duty
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1 (other than for training or for unsatisfactory partici-
2 pation in training) without their consent at the end
3 of the fiscal year.
4 (c) END STRENGTH INCREASES.—Whenever units or
5 individual members of the Selected Reserve of any reserve
6 component are released from active duty during any fiscal
7 year, the end strength prescribed for such fiscal year for
8 the Selected Reserve of such reserve component shall be
9 increased proportionately by the total authorized strengths
10 of such units and by the total number of such individual
11 members.
12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
13 DUTY IN SUPPORT OF THE RESERVES.
14 Within the end strengths prescribed in section
15 411(a), the reserve components of the Armed Forces are
16 authorized, as of September 30, 2023, the following num-
17 ber of Reserves to be serving on full-time active duty or
18 full-time duty, in the case of members of the National
19 Guard, for the purpose of organizing, administering, re-
20 cruiting, instructing, or training the reserve components:
21 (1) The Army National Guard of the United
22 States, 30,845.
23 (2) The Army Reserve, 16,511.
24 (3) The Navy Reserve, 10,077.
25 (4) The Marine Corps Reserve, 2,388.
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1 (5) The Air National Guard of the United
2 States, 26,630.
3 (6) The Air Force Reserve, 6,286.
4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
5 (DUAL STATUS).
6 The minimum number of military technicians (dual
7 status) as of the last day of fiscal year 2023 for the re-
8 serve components of the Army and the Air Force (notwith-
9 standing section 129 of title 10, United States Code) shall
10 be the following:
11 (1) For the Army National Guard of the United
12 States, 22,294.
13 (2) For the Army Reserve, 6,492.
14 (3) For the Air National Guard of the United
15 States, 9,892.
16 (4) For the Air Force Reserve, 6,696.
17 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
18 THORIZED TO BE ON ACTIVE DUTY FOR
19 OPERATIONAL SUPPORT.
20 During fiscal year 2023, the maximum number of
21 members of the reserve components of the Armed Forces
22 who may be serving at any time on full-time operational
23 support duty under section 115(b) of title 10, United
24 States Code, is the following:
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1 (1) The Army National Guard of the United
2 States, 17,000.
3 (2) The Army Reserve, 13,000.
4 (3) The Navy Reserve, 6,200.
5 (4) The Marine Corps Reserve, 3,000.
6 (5) The Air National Guard of the United
7 States, 16,000.
8 (6) The Air Force Reserve, 14,000.
9 Subtitle C—Authorization of
10 Appropriations
11 SEC. 421. MILITARY PERSONNEL.
12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds
13 are hereby authorized to be appropriated for fiscal year
14 2023 for the use of the Armed Forces and other activities
15 and agencies of the Department of Defense for expenses,
16 not otherwise provided for, for military personnel, as spec-
17 ified in the funding table in section 4401.
18 (b) CONSTRUCTION OF AUTHORIZATION.—The au-
19 thorization of appropriations in the subsection (a) super-
20 sedes any other authorization of appropriations (definite
21 or indefinite) for such purpose for fiscal year 2023.
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1 TITLE V—MILITARY PERSONNEL
2 POLICY
3 Subtitle A—Officer Personnel
4 Policy
5 SEC. 501. DISTRIBUTION OF COMMISSIONED OFFICERS ON
6 ACTIVE DUTY IN GENERAL OFFICER AND
7 FLAG OFFICER GRADES.
8 Section 525 of title 10, United States Code, is
9 amended—
10 (1) in subsection (a)—
11 (A) in the matter preceding paragraph (1),
12 by striking ‘‘as follows:’’ and inserting an em
13 dash;
14 (B) in paragraph (4)(C), by striking the
15 period at the end and inserting ‘‘; and’’; and
16 (C) by adding at the end the following new
17 paragraph:
18 ‘‘(5) in the Space Force, if that appointment
19 would result in more than—
20 ‘‘(A) 2 officers in the grade of general;
21 ‘‘(B) 7 officers in a grade above the grade
22 of major general; or
23 ‘‘(C) 6 officers in the grade of major gen-
24 eral.’’;’’;
25 (2) in subsection (c)—
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1 (A) in paragraph (1)(A), by striking ‘‘and
2 Marine Corps’’ and inserting ‘‘Marine Corps,
3 and Space Force’’; and
4 (B) in paragraph (2), by striking ‘‘or Ma-
5 rine Corps’’ and inserting ‘‘Marine Corps, or
6 Space Force’’; and
7 (3) in subsection (d), by striking ‘‘or Com-
8 mandant of the Marine Corps’’ and inserting ‘‘Com-
9 mandant of the Marine Corps, or Chief of Space Op-
10 erations’’.
11 SEC. 502. AUTHORIZED STRENGTH AFTER DECEMBER 31,
12 2022: GENERAL OFFICERS AND FLAG OFFI-
13 CERS ON ACTIVE DUTY.
14 Section 526a of title 10, United States Code, is
15 amended—
16 (1) in subsection (a)—
17 (A) in the matter preceding paragraph (1),
18 by striking ‘‘and Marine Corps’’ and inserting
19 ‘‘Marine Corps, and Space Force’’;
20 (B) in paragraph (1), by striking ‘‘220’’
21 and inserting ‘‘218’’;
22 (C) in paragraph (2), by striking ‘‘151’’
23 and inserting ‘‘149’’;
24 (D) in paragraph (3), by striking ‘‘187’’
25 and inserting ‘‘170’’; and
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1 (E) by adding at the end the following new
2 paragraph:
3 ‘‘(5) For the Space Force, 21.’’; and
4 (2) in subsection (b)(2), by adding at the end
5 the following new subparagraph:
6 ‘‘(E) For the Space Force, 6.’’.
7 SEC. 503. EXCLUSION OF LEAD SPECIAL TRIAL COUNSEL
8 FROM LIMITATIONS ON GENERAL OFFICERS
9 AND FLAG OFFICERS ON ACTIVE DUTY.
10 Section 526a of title 10, United States Code, as
11 amended by section 502, is further amended—
12 (1) by redesignating the second subsection (i)
13 as subsection (j);
14 (2) by redesignating subsections (g), (h), (i),
15 and (j) as subsections (h), (i), (j), and (k), respec-
16 tively; and
17 (3) by inserting after subsection (f) the fol-
18 lowing new subsection:
19 ‘‘(g) EXCLUSION OF OFFICERS SERVING AS LEAD
20 SPECIAL TRIAL COUNSEL.—The limitations in subsection
21 (a) do not apply to a general or flag officer serving in
22 the position of lead special trial counsel pursuant to an
23 appointment under section 1044f(a)(2) of this title.’’.
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1 SEC. 504. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN
2 OFFICERS OF THE ARMED FORCES: AUTHOR-
3 IZATION; SPECIAL PAY.
4 (a) CONSTRUCTIVE SERVICE CREDIT FOR WARRANT
5 OFFICERS.—Section 572 of title 10, United States Code,
6 is amended—
7 (1) by inserting ‘‘(a)’’ before ‘‘For the pur-
8 poses’’; and
9 (2) by adding at the end the following new sub-
10 section:
11 ‘‘(b)(1) The Secretary concerned shall credit a person
12 who is receiving an original appointment as a warrant offi-
13 cer in the regular component of an armed force under the
14 jurisdiction of such Secretary concerned, and who has ad-
15 vanced education or training or special experience, with
16 constructive service for such education, training, or experi-
17 ence, as follows:
18 ‘‘(A) For special training or experience in a
19 particular warrant officer field designated by the
20 Secretary concerned, if such training or experience is
21 directly related to the operational needs of the
22 armed force concerned, as determined by such Sec-
23 retary concerned.
24 ‘‘(B) For advanced education in a warrant offi-
25 cer field designated by the Secretary concerned, if
26 such education is directly related to the operational
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1 needs of the armed force concerned, as determined
2 by such Secretary concerned.
3 ‘‘(2) The authority under this subsection expires on
4 December 31, 2027.’’.
5 (b) SPECIAL PAY FOR CERTAIN OFFICERS COMMIS-
6 SIONED OR APPOINTED WITH CONSTRUCTIVE SERVICE
7 CREDIT.—
8 (1) ESTABLISHMENT.—Subchapter II of chap-
9 ter 5 of title 37, United States Code, is amended by
10 inserting after section 336 the following new section:
11 ‘‘§ 337. Special pay: certain officers of the armed
12 forces commissioned or appointed with
13 constructive service credit
14 ‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary
15 concerned may pay monthly special pay to an eligible offi-
16 cer under this section.
17 ‘‘(b) ELIGIBLE OFFICER DEFINED.—In this section,
18 the term ‘eligible officer’ means an officer who—
19 ‘‘(1)(A) received an original appointment in a
20 commissioned grade on or after the date of the en-
21 actment of the National Defense Authorization Act
22 for Fiscal Year 2023; and
23 ‘‘(B) was credited by the Secretary of the mili-
24 tary department concerned with constructive service
25 under section 533(b)(1)(D) of title 10; or
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1 ‘‘(2)(A) was originally appointed in a warrant
2 officer grade on or after the date of the enactment
3 of the National Defense Authorization Act for Fiscal
4 Year 2023; and
5 ‘‘(B) was credited by the Secretary concerned
6 with constructive service under section 572(b) of
7 title 10.
8 ‘‘(c) AMOUNT OF PAY.—The Secretary concerned
9 shall determine an amount of monthly special pay to pay
10 to an eligible officer under this section. Such amount may
11 not exceed $5,000 per month.
12 ‘‘(d) RELATIONSHIP TO OTHER INCENTIVES.—Spe-
13 cial pay under this section is in addition to any other pay
14 or allowance to which an eligible officer is entitled.
15 ‘‘(e) SUNSET.—No special pay may be paid under
16 this section after December 31, 2027.’’.
17 (2) CLERICAL AMENDMENT.—The table of sec-
18 tions at the beginning of such chapter is amended
19 by inserting after the item relating to section 336
20 the following:
‘‘337. Special pay: certain officers of the armed forces commissioned or ap-
pointed with constructive service credit.’’.
21 (c) REGULATIONS.—The Secretaries concerned shall
22 prescribe regulations to carry out the amendments made
23 by this section not later than 180 days after the date of
24 the enactment of this Act.
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1 (d) REPORT.—Not later than February 1, 2027, the
2 Secretary of Defense, in consultation with the Secretary
3 of Homeland Security, shall submit to the appropriate
4 congressional committees a report on the amendments
5 made by this section. Such report shall include—
6 (1) the evaluation of such amendments by the
7 Secretary; and
8 (2) the recommendation of the Secretary wheth-
9 er such amendments should be made permanent.
10 (e) DEFINITIONS.—In this section:
11 (1) The term ‘‘appropriate congressional com-
12 mittees’’ means the following:
13 (A) The congressional defense committees.
14 (B) The Committee on Transportation and
15 Infrastructure of the House of Representatives.
16 (C) The Committee on Commerce, Science,
17 and Transportation of the Senate.
18 (2) The terms ‘‘congressional defense commit-
19 tees’’ and ‘‘Secretary concerned’’ have the meanings
20 given such terms in section 101 of title 10, United
21 States Code.
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1 SEC. 505. CLARIFICATION OF GRADE OF SURGEON GEN-
2 ERAL OF THE NAVY.
3 Section 8077 of title 10, United States Code, is
4 amended by adding at the end the following new sub-
5 section:
6 ‘‘(c) GRADE.—The Surgeon General, while so serv-
7 ing, shall hold the grade of O-9.’’.
8 SEC. 506. ASSESSMENTS OF STAFFING IN THE OFFICE OF
9 THE SECRETARY OF DEFENSE AND OTHER
10 DEPARTMENT OF DEFENSE HEADQUARTERS
11 OFFICES.
12 (a) OFFICE OF THE SECRETARY OF DEFENSE.—The
13 Secretary of Defense shall conduct an assessment of staff-
14 ing of the Office of the Secretary of Defense. Such assess-
15 ment shall including the following elements:
16 (1) A validation of every military staff billet as-
17 signed to the Office of the Secretary of Defense
18 against existing military personnel requirements.
19 (2) The estimated effect of returning 15 per-
20 cent of such military staff billets to operational ac-
21 tivities of the Armed Forces concerned, over a period
22 of 36 months, would have on the office of the Sec-
23 retary of Defense and other Department of Defense
24 Headquarters Offices.
25 (3) A plan and milestones for how reductions
26 described in paragraph (2) would occur, a schedule
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1 for such reductions, and the process by which the
2 billets would be returned to the operational activities
3 of the Armed Forces concerned.
4 (b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The
5 Chairman of the Joint Chiefs of Staff shall conduct an
6 assessment of staffing of the Office of the Joint Chiefs
7 of Staff. Such assessment shall including the following ele-
8 ments:
9 (1) A validation of every military staff billet as-
10 signed to the Office of the Joint Chiefs of Staff
11 against existing military personnel requirements.
12 (2) The estimated effect of returning 15 per-
13 cent of such military staff billets to operational ac-
14 tivities of the Armed Forces concerned, over a period
15 of 36 months, would have on the office of the Joint
16 Staff and the Chairman’s Controlled Activities and
17 other related Joint Staff Headquarters Offices.
18 (3) A plan and milestones for how reductions
19 described in paragraph (2) would occur, a schedule
20 for such reductions, and the process by which the
21 billets would be returned to the operational activities
22 of the Armed Forces concerned.
23 (c) INTERIM BRIEFING AND REPORT.—
24 (1) INTERIM BRIEFING.—Not later than April
25 1, 2023, the Secretary shall provide to the Commit-
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1 tees on Armed Services of the Senate and House of
2 Representatives an interim briefing on the assess-
3 ments under subsections (a) and (b).
4 (2) FINAL REPORT.—Not later than one year
5 after the date of the enactment of this Act, the Sec-
6 retary shall submit to the Committees on Armed
7 Services of the Senate and House of Representatives
8 a report on the assessments under subsections (a)
9 and (b). Such report shall include the following:
10 (A) A validation of every military staff bil-
11 let assigned to the Office of the Secretary of
12 Defense and the Joint Staff to include the
13 Chairman’s Controlled Activities against exist-
14 ing military personnel requirements.
15 (B) The methodology and process through
16 which such validation was performed.
17 (C) Relevant statistical analysis on military
18 billet fill rates against validated requirements.
19 (D) An analysis of unvalidated military bil-
20 lets currently performing staff support func-
21 tions,
22 (E) The rationale for why unvalidated mili-
23 tary billets may be required.
24 (F) The cost of military staff filling both
25 validated and unvalidated billets.
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1 (G) Lessons learned through the military
2 billet validation process and statistical analysis
3 under subparagraphs (B) through (F).
4 (H) Any other matters the Secretary deter-
5 mines relevant to understanding the use of mili-
6 tary staff billets described in subsections (a)
7 and (b).
8 (I) Any legislative, policy or budgetary rec-
9 ommendations of the Secretary related to the
10 subject matter of the report.
11 SEC. 507. SURVEY OF CHAPLAINS.
12 (a) DEVELOPMENT.—The Secretary of Defense shall
13 seek to enter into an agreement with a nonprofit entity
14 or a federally funded research and development center to
15 develop an anonymous survey of chaplains of the covered
16 Armed Forces. The survey shall include questions regard-
17 ing the following:
18 (1) Chaplain job satisfaction.
19 (2) The tools available for chaplains to minister
20 to members of the covered Armed Forces.
21 (3) Resources available to support religious pro-
22 grams.
23 (4) Inclusion of chaplains in resiliency and
24 wellness programs.
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1 (5) The role of chaplains in embedded units,
2 headquarters activities. and military treatment facili-
3 ties.
4 (6) Recruitment and retention of chaplains.
5 (7) Any challenges in the ability of chaplains to
6 offer ministry services.
7 (b) ADMINISTRATION.—The Secretary shall admin-
8 ister the survey not later than 180 days after development.
9 (c) REPORT.—Not later than one year after the date
10 of the enactment of this Act, the Secretary of Defense
11 shall submit a report to the Committees on Armed Serv-
12 ices of the Senate and House of Representatives on the
13 findings from the survey.
14 (d) COVERED ARMED FORCE DEFINED.—The term
15 ‘‘covered Armed Force’’ means the following:
16 (1) The Army.
17 (2) The Navy.
18 (3) The Marine Corps.
19 (4) The Air Force.
20 (5) The Space Force.
21 SEC. 508. INDEPENDENT REVIEW OF ARMY OFFICER PER-
22 FORMANCE EVALUATIONS.
23 (a) STUDY REQUIRED.—Not later than six months
24 after the enactment of this Act, the Secretary of the Army
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1 shall seek to enter into an agreement with a private entity
2 that the Secretary determines appropriate to—
3 (1) study the fitness report system used for the
4 performance evaluation of Army officers; and
5 (2) provide to the Secretary recommendations
6 regarding how to improve such system.
7 (b) ELEMENTS.—The study required under sub-
8 section (a) shall include the following:
9 (1) An analysis of the effectiveness of the fit-
10 ness report system at evaluating and documenting
11 the performance of Army officers.
12 (2) A comparison of the fitness report system
13 for Army officers with best practices for perform-
14 ance evaluations used by public- and private-sector
15 organizations.
16 (3) An analysis of the value of Army fitness re-
17 ports in providing useful information to officer pro-
18 motion boards.
19 (4) An analysis of the value of Army fitness re-
20 ports in providing useful feedback to Army officers
21 being evaluated.
22 (5) Recommendations to improve the Army fit-
23 ness report system to—
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1 (A) increase its effectiveness at accurately
2 evaluating and documenting the performance of
3 Army officers;
4 (B) align with best practices for perform-
5 ance evaluations used by public- and private-
6 sector organizations;
7 (C) provide more useful information to of-
8 ficer promotion boards; and
9 (D) provide more useful feedback regard-
10 ing evaluated officers.
11 (c) ACCESS TO DATA AND RECORDS.—The Secretary
12 of the Army shall ensure that the entity selected under
13 subsection (a) has sufficient resources and access to tech-
14 nical data, individuals, organizations, and records nec-
15 essary to complete the study required under this section.
16 (d) SUBMISSION TO DEPARTMENT OF THE ARMY.—
17 Not later than one year after entering into an agreement
18 under subsection (a), the entity that conducts the study
19 under subsection (a) shall submit to the Secretary of the
20 Army a report on the results of the study.
21 (e) SUBMISSION TO CONGRESS.—Not later than 30
22 days after the date on which the Secretary of the Army
23 receives the report under subsection (d), the Secretary
24 shall submit to the congressional defense committees—
25 (1) an unaltered copy of such report; and
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1 (2) any comments of the Secretary regarding
2 such report.
3 Subtitle B—Reserve Component
4 Management
5 SEC. 511. GRADES OF CERTAIN CHIEFS OF RESERVE COM-
6 PONENTS.
7 (a) IN GENERAL.—
8 (1) CHIEF OF ARMY RESERVE.—Section
9 7038(b) of title 10, United States Code, is amended
10 by striking paragraph (4) and inserting the fol-
11 lowing:
12 ‘‘(4) The Chief of Army Reserve, while so serving,
13 holds the grade of lieutenant general.’’.
14 (2) CHIEF OF NAVY RESERVE.—Section
15 8083(b) of such title is amended by striking para-
16 graph (4) and inserting the following:
17 ‘‘(4) The Chief of Navy Reserve, while so serving,
18 holds the grade of vice admiral.’’.
19 (3) COMMANDER, MARINE FORCES RESERVE.—
20 Section 8084(b) of such title is amended by striking
21 paragraph (4) and inserting the following:
22 ‘‘(4) The Commander, Marine Forces Reserve, while
23 so serving, holds the grade of lieutenant general.’’.
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1 (4) CHIEF OF AIR FORCE RESERVE.—Section
2 9038(b) of such title is amended by striking para-
3 graph (4) and inserting the following:
4 ‘‘(4) The Chief of Air Force Reserve, while so serving,
5 holds the grade of lieutenant general.’’.
6 (b) EFFECTIVE DATE.—The amendments made by
7 subsection (a) shall take effect on the day that is one year
8 after the date of the enactment of this Act and shall apply
9 to appointments made after such date.
10 SEC. 512. GRADE OF VICE CHIEF OF THE NATIONAL GUARD
11 BUREAU.
12 Section 10505 of title 10, United States Code, is
13 amended by adding at the end the following new sub-
14 section:
15 ‘‘(c) GRADE.—(1) The Vice Chief of the National
16 Guard Bureau shall be appointed to serve in the grade
17 of general.
18 ‘‘(2) The Secretary of Defense shall designate, pursu-
19 ant to subsection (b) of section 526 of this title, the posi-
20 tion of Vice Chief of the National Guard Bureau as one
21 of the general officer and flag officer positions to be ex-
22 cluded from the limitations in subsection (a) of such sec-
23 tion.’’.
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1 SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR
2 RESERVE OFFICERS IN THE NATIONAL
3 GUARD DUE TO UNDUE DELAYS IN FEDERAL
4 RECOGNITION.
5 Paragraph (2) of section 14308(f) of title 10, United
6 States Code, is amended to read as follows:
7 ‘‘(2) If there is a delay in extending Federal recogni-
8 tion in the next higher grade in the Army National Guard
9 or the Air National Guard to a reserve commissioned offi-
10 cer of the Army or the Air Force that exceeds 100 days
11 from the date the National Guard Bureau deems such offi-
12 cer’s application for Federal recognition to be completely
13 submitted by the State and ready for review at the Na-
14 tional Guard Bureau, and the delay was not attributable
15 to the action or inaction of such officer—
16 ‘‘(A) in the event of State promotion with an
17 effective date before January 1, 2024, the effective
18 date of the promotion concerned under paragraph
19 (1) may be adjusted to a date determined by the
20 Secretary concerned, but not earlier than the effec-
21 tive date of the State promotion; and
22 ‘‘(B) in the event of State promotion with an
23 effective date on or after January 1, 2024, the effec-
24 tive date of the promotion concerned under para-
25 graph (1) shall be adjusted by the Secretary con-
26 cerned to the later of—
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1 ‘‘(i) the date the National Guard Bureau
2 deems such officer’s application for Federal rec-
3 ognition to be completely submitted by the
4 State and ready for review at the National
5 Guard Bureau; and
6 ‘‘(ii) the date on which the officer occupies
7 a billet in the next higher grade.’’.
8 SEC. 514. FINANCIAL ASSISTANCE PROGRAM FOR SPE-
9 CIALLY SELECTED MEMBERS: ARMY RE-
10 SERVE AND ARMY NATIONAL GUARD.
11 Section 2107a of title 10, United States Code, is
12 amended—
13 (1) in subsection (a)—
14 (A) by amending paragraph (1) to read as
15 follows:
16 ‘‘(1) The Secretary of the Army may appoint as a
17 cadet in the Army Reserve or Army National Guard of
18 the United States any eligible member of the program
19 who—
20 ‘‘(A)(i) is enrolled in the Advanced Course of
21 the Army Reserve Officers’ Training Corps at a mili-
22 tary college or a military junior college; or
23 ‘‘(ii)(I) is enrolled in the Advanced Course of
24 the Army Reserve Officers’ Training Corps at a ci-
25 vilian institution; and
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1 ‘‘(II) has completed the second year of a course
2 of study in science, technology, engineering, mathe-
3 matics, or a related field at such institution; and
4 ‘‘(B) will be under 31 years of age on December
5 31 of the calendar year in which the member eligible
6 under this section for appointment as a second lieu-
7 tenant in the Army Reserve or Army National
8 Guard.’’;
9 (B) by adding at the end the following new
10 paragraph:
11 ‘‘(3) The Secretary of the Army may prescribe regu-
12 lations specifying—
13 ‘‘(A) the courses of study that may be pursued
14 by a member of the program for purposes of meeting
15 the requirement under paragraph (1)(A)(ii); and
16 ‘‘(B) the level of academic achievement needed
17 to meet such requirement.’’.
18 (2) in subsection (b)(3)(B)(i), by inserting ‘‘or
19 civilian institution’’ after ‘‘military junior college’’;
20 (3) in subsection (c)—
21 (A) in paragraph (1), by inserting ‘‘or ci-
22 vilian institution’’ after ‘‘military junior col-
23 lege’’;
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1 (B) in paragraph (4)(A), by inserting ‘‘or
2 civilian institution’’ after ‘‘military junior col-
3 lege’’;
4 (4) by amending subsection (h) to read as fol-
5 lows:
6 ‘‘(h)(1) The Secretary of the Army may appoint each
7 year under this section not less than 22 cadets at each
8 military junior college at which there are not less than
9 22 members of the program eligible under subsection (b)
10 for such an appointment. At any military junior college
11 at which in any year there are fewer than 22 such mem-
12 bers, the Secretary shall appoint each such member as a
13 cadet under this section.
14 ‘‘(2) The Secretary of the Army may appoint each
15 year under this section the number of cadets from civilian
16 institutions that the Secretary determines to be appro-
17 priate based on the needs of the Army.’’; and
18 (5) in subsection (j), by inserting ‘‘or civilian
19 institution’’ after ‘‘military junior college’’.
20 SEC. 515. INSPECTIONS OF NATIONAL GUARD.
21 (a) ESTABLISHMENT.—Chapter 1 of title 32, United
22 States Code, is amended by inserting, after section 105,
23 the following new section:
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1 ‘‘§ 105A. Additional inspections
2 ‘‘(a) REGULAR INSPECTIONS REQUIRED.—The Sec-
3 retary of the Army and the Secretary of the Air Force
4 shall each prescribe regulations pursuant to which the Na-
5 tional Guard of each State shall be inspected not less fre-
6 quently than once every five years.
7 ‘‘(b) AUTHORIZED INSPECTORS.—An inspection of
8 the National Guard of a State under subsection (a) shall
9 be conducted by—
10 ‘‘(1) in the case of the Air National Guard, by
11 a qualified member of the regular component of the
12 Air Force or by the inspector general of the Depart-
13 ment of the Air Force; or
14 ‘‘(2) in the case of the Army National Guard,
15 by a qualified member of the regular component of
16 the Army or by the inspector general of the Depart-
17 ment of the Army.
18 ‘‘(c) ELEMENTS AND RECOMMENDATIONS.—Each in-
19 spection under subsection (a) shall include—
20 ‘‘(1) a review and assessment of—
21 ‘‘(A) the command climate of the National
22 Guard of the State;
23 ‘‘(B) the extent to which members of such
24 National Guard are treated with dignity and re-
25 spect; and
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1 ‘‘(C) the compliance of such National
2 Guard with statutory, regulatory, and other ap-
3 plicable requirements relating to—
4 ‘‘(i) reporting and addressing sex-re-
5 lated offenses and sexual harassment;
6 ‘‘(ii) training in sexual assault preven-
7 tion and response; and
8 ‘‘(iii) training in suicide prevention;
9 and
10 ‘‘(2) the inspector’s recommendation as to
11 whether the Secretary of the military department
12 concerned should designate the performance of such
13 National Guard as unsatisfactory, satisfactory, or
14 excellent.
15 ‘‘(d) PERFORMANCE GRADE.—Following the conclu-
16 sion of an inspection of a National Guard of a State under
17 subsection (a), the Secretary of the military department
18 concerned shall—
19 ‘‘(1) based on the results of the inspection, des-
20 ignate the performance of such National Guard as
21 unsatisfactory, satisfactory, or excellent; and
22 ‘‘(2) post such designation on a publicly acces-
23 sible website of the Department of Defense.
24 ‘‘(e) MANDATORY REINSPECTION.—A National
25 Guard of a State that receives a designation of unsatisfac-
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1 tory under subsection (d) shall be reinspected in accord-
2 ance with this section not later one year after the conclu-
3 sion of the inspection that resulted in such designation.
4 ‘‘(f) REPORTS.—
5 ‘‘(1) IN GENERAL.—Not later than 90 days,
6 after the conclusion of each inspection under this
7 section, the Secretary of the military department
8 concerned shall submit a report on the results of
9 such inspection—
10 ‘‘(A) to the Secretary of Defense; and
11 ‘‘(B) to the Committees on Armed Services
12 of the Senate and the House of Representa-
13 tives.
14 ‘‘(2) ELEMENTS.—Each report under para-
15 graph (1) shall—
16 ‘‘(A) summarize the results of the inspec-
17 tion with respect to each element specified in
18 subsection (c);
19 ‘‘(B) indicate the designation issued for
20 the National Guard of the State under sub-
21 section (d); and
22 ‘‘(C) in the case of a National Guard of a
23 State that received a designation of unsatisfac-
24 tory under subsection (d) after a reinspection
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1 under subsection (e), include the Secretary’s
2 recommendation as to whether—
3 ‘‘(i) Federal funds should be withheld
4 from such National Guard; or
5 ‘‘(ii) such National Guard unit should
6 be transferred to another State.
7 ‘‘(g) DEFINITIONS.—In this section:
8 ‘‘(1) The term ‘sex-related offense’ means an
9 alleged sex-related offense (as defined in section
10 1044e(h) of this title).
11 ‘‘(2) The term ‘sexual harassment’ means the
12 offense of sexual harassment as punishable under
13 section 934 of this title (article 134 of the Uniform
14 Code of Military Justice) pursuant to the regulations
15 prescribed by the Secretary of Defense for purposes
16 of such section (article).
17 ‘‘(3) The term ‘State’ has the meaning given
18 such term in section 901 of this title.’’.
19 (b) CLERICAL AMENDMENT.—The table of sections
20 at the beginning of such chapter is amended by inserting
21 after the item relating to section 105 the following new
22 item:
‘‘105A. Additional inspections.’’.
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1 SEC. 516. REQUIREMENT OF CONSENT OF THE CHIEF EXEC-
2 UTIVE OFFICER FOR CERTAIN FULL-TIME NA-
3 TIONAL GUARD DUTY PERFORMED IN A
4 STATE, TERRITORY, OR THE DISTRICT OF CO-
5 LUMBIA.
6 Section 502(f)(2)(A) of title 32, United States Code,
7 is amended to read as follows:
8 ‘‘(A) Support of operations or missions under-
9 taken by the member’s unit at the request of the
10 President or Secretary of Defense, with the consent
11 of—
12 ‘‘(i) the chief executive officer of each
13 State (as that term is defined in section 901 of
14 this title) in which such operations or missions
15 shall take place; and
16 ‘‘(ii) if such operations or missions shall
17 take place in the District of Columbia, the
18 Mayor of the District of Columbia.’’.
19 SEC. 517. EXTENSION OF NATIONAL GUARD SUPPORT FOR
20 FIREGUARD PROGRAM.
21 Section 515 of the National Defense Authorization
22 Act for Fiscal Year 2022 (Public Law 117–81) is amended
23 by striking ‘‘September 30, 2026’’ and inserting ‘‘Sep-
24 tember 30, 2029’’.
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1 SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN AC-
2 TIONS REGARDING UNITS OF CERTAIN RE-
3 SERVE COMPONENTS.
4 (a) NOTICE REQUIRED; ELEMENTS.—The Secretary
5 of a military department may not take any covered action
6 regarding a covered unit until the day that is 60 days after
7 the Secretary of a military department submits to Con-
8 gress notice of such covered action. Such notice shall in-
9 clude the following elements:
10 (1) An analysis of how the covered action would
11 improve readiness.
12 (2) A description of how the covered action
13 would align with the National Defense Strategy and
14 the supporting strategies of each military depart-
15 ments.
16 (3) A description of any proposed organiza-
17 tional change associated with the covered action and
18 how the covered action will affect the relationship of
19 administrative, operational, or tactical control re-
20 sponsibilities of the covered unit.
21 (4) The projected cost and any projected long-
22 term cost savings of the covered action.
23 (5) A detailed description of any requirements
24 for new infrastructure or relocation of equipment
25 and assets necessary for the covered action.
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1 (6) An analysis whether the covered action
2 would facilitate—
3 (A) total force integration; and
4 (B) general officer progression.
5 (7) A description of how the covered activity
6 will affect the ability of the covered unit to accom-
7 plish its current mission.
8 (b) APPLICABILITY.—This section shall apply to any
9 step to perform covered action regarding a covered unit
10 on or after the date of the enactment of this Act.
11 (c) DEFINITIONS.—In this section:
12 (1) The term ‘‘covered action’’ means any of
13 the following:
14 (A) To deactivate.
15 (B) To reassign.
16 (C) To move the home station.
17 (D) To reassign any responsibility.
18 (E) To integrate, in the case of—
19 (i) a covered unit and a unit of the
20 regular component of a covered Armed
21 Force; or
22 (ii) more than one covered unit.
23 (2) The term ‘‘covered Armed Force’’ means
24 the following:
25 (A) The Army.
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1 (B) The Navy.
2 (C) The Marine Corps.
3 (D) The Air Force.
4 (E) The Space Force.
5 (3) The term ‘‘covered unit’’ means a unit of a
6 reserve component of a covered Armed Force.
7 SEC. 519. PLAN TO ENSURE REASONABLE ACCESS TO THE
8 JUNIOR RESERVE OFFICERS’ TRAINING
9 CORPS.
10 (a) PLAN REQUIRED.—The Secretary of Defense, in
11 consultation with the Secretaries of the military depart-
12 ments, shall develop a plan to increase the total number
13 of units of the Junior Reserve Officers’ Training Corps
14 to ensure that there is reasonable access to such units in
15 each geographic region of the United States by not later
16 than September 30, 2031.
17 (b) ELEMENTS.—The plan required under subsection
18 (a) shall include the following:
19 (1) A proposal to increase the total number of
20 units of the Junior Reserve Officers’ Training Corps
21 to ensure reasonable access for students throughout
22 the United States.
23 (2) The estimated cost of implementing the pro-
24 posed increase in the number of such units.
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1 (3) A prioritized list of the States and regions
2 in which the Secretary proposes adding additional
3 units.
4 (4) Actions the Secretary expects to carry out
5 to ensure adequate representation and fair access to
6 such units for students in all regions of the United
7 States, including rural and remote areas and in
8 underrepresented States.
9 (5) To the extent appropriate, modifications to
10 the requirements for such units, including the re-
11 quirements applicable to instructors, to accommo-
12 date units in rural areas and small schools.
13 (6) A plan to increase school and community
14 awareness of Junior Reserve Officers’ Training
15 Corps programs in underrepresented areas.
16 (c) REPORT.—Not later than 180 days after the date
17 of the enactment of this Act, the Secretary of Defense
18 shall submit to the Committees on Armed Services of the
19 Senate and the House of Representatives a report that
20 includes the plan developed under subsection (a).
21 (d) REASONABLE ACCESS DEFINED.—In this section,
22 the term ‘‘reasonable access’’, when used with respect to
23 units of the Junior Reserve Officers’ Training Corps,
24 means a level of access determined by the Secretary of
25 Defense be reasonable taking into account the demand for
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1 student participation, the availability of instructors, and
2 the physical distance between units.
3 SEC. 519A. INCLUSION OF ADDITIONAL INFORMATION ON
4 THE SENIOR RESERVE OFFICERS’ TRAINING
5 CORPS IN REPORTS ACCOMPANYING THE NA-
6 TIONAL DEFENSE STRATEGY.
7 Section 113(m) of title 10, United States Code, is
8 amended—
9 (1) by redesignating the second paragraph (8)
10 as paragraph (11);
11 (2) by redesignating the first paragraph (8), as
12 paragraph (10);
13 (3) by redesignating paragraphs (5), (6), and
14 (7) paragraphs (7), (8), and (9), respectively; and
15 (4) by inserting after paragraph (4) the fol-
16 lowing new paragraphs:
17 ‘‘(5) The number of Senior Reserve Officers’
18 Training Corps scholarships awarded during the fis-
19 cal year covered by the report, disaggregated by gen-
20 der, race, and ethnicity, for each military depart-
21 ment.
22 ‘‘(6) The program completion rates and pro-
23 gram withdrawal rates of Senior Reserve Officers’
24 Training Corps scholarship recipients during the fis-
25 cal year covered by the report, disaggregated by gen-
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1 der, race, and ethnicity, for each military depart-
2 ment.’’.
3 SEC. 519B. ADDITIONAL MATTERS RELATING TO SUPPORT
4 FOR FIREGUARD PROGRAM.
5 Section 515 of the National Defense Authorization
6 Act for Fiscal Year 2022 (Public Law 117–81), as amend-
7 ed by section 517, is further amended—
8 (1) by inserting ‘‘(a) IN GENERAL.—’’ before
9 ‘‘Until’’;
10 (2) by striking ‘‘support’’ and inserting ‘‘carry
11 out’’;
12 (3) by striking ‘‘personnel of the California Na-
13 tional Guard’’ and inserting ‘‘National Guard per-
14 sonnel (including from the Colorado National Guard
15 and the California National Guard)’’; and
16 (4) by adding at the end the following:
17 ‘‘(b) TRANSFER.—Until the date specified in sub-
18 section (a), no component (including any analytical re-
19 sponsibility) of the FireGuard program may be transferred
20 from the Department of Defense to another entity. If the
21 Secretary seeks to make such a transfer, the Secretary
22 shall, at least three years before such transfer, provide to
23 the appropriate congressional committees a written report
24 and briefing that detail—
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1 ‘‘(1) plans of the Secretary for such transfer;
2 and
3 ‘‘(2) how such transfer will sustain and improve
4 detection and monitoring of wildfires.
5 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES
6 DEFINED.—In this section, the term ‘appropriate congres-
7 sional committees’ means the following:
8 ‘‘(1) The Committee on Armed Services of the
9 Senate.
10 ‘‘(2) The Committee on Armed Services of the
11 House of Representatives.
12 ‘‘(3) The Select Committee on Intelligence of
13 the Senate.
14 ‘‘(4) The Permanent Select Committee on Intel-
15 ligence of the House of Representatives.’’.
16 SEC. 519C. DIVESTITURE OF TACTICAL CONTROL PARTY.
17 No divestiture of any Tactical Control Party spe-
18 cialist force structure from the Air National Guard may
19 occur until the Chief of the National Guard Bureau pro-
20 vides a report to the congressional defense committees de-
21 scribing—
22 (1) the capability gaps caused by divestiture of
23 Tactical Control Party force structure from the Air
24 National Guard and its impact on the Department
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1 of Defense to execute the National Defense Strat-
2 egy; and
3 (2) the impacts of such divestiture to the oper-
4 ational capabilities of the Army National Guard.
5 SEC. 519D. RECOGNITION OF THE ARMY INTERAGENCY
6 TRAINING AND EDUCATION CENTER AS A
7 JOINT ACTIVITY OF THE NATIONAL GUARD;
8 REPORT.
9 (a) FINDINGS.—Congress makes the following find-
10 ings:
11 (1) AITEC has been designated by the National
12 Guard Bureau as a joint activity of the Army and
13 Air National Guard responsible for the following ac-
14 tivities:
15 (A) Mission assurance and other critical
16 infrastructure protection activities in support of
17 the Department of Defense and Department of
18 Homeland Security entities.
19 (B) All-hazards disaster response training
20 and exercises for the National Guard in part-
21 nership with Federal, State, local, territorial,
22 and Tribal response enterprise organizations.
23 (2) AITEC is composed of members of the
24 Army and Air National Guard who possess relevant
25 private-sector critical skills and experience in the
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1 fields of emergency response, engineering, cybersecu-
2 rity, electric power, logistics, telecommunications,
3 utilities, medical, rescue, or such other fields as de-
4 termined by evolving mission requirements.
5 (3) The National Guard Bureau has designated
6 AITEC as having the following duties:
7 (A) Providing the Department of Defense
8 with—
9 (i) unique civilian expertise and expe-
10 rience of critical infrastructure protection,
11 Chemical, Biological, Radiological, and Nu-
12 clear response, emergency management,
13 control systems cybersecurity, and incident
14 management;
15 (ii) training and exercise support of
16 Joint Interagency Training Capability, in-
17 cluding Joint Force Headquarters-State
18 and Joint Task Force-State Headquarters
19 elements, National Guard Reaction Forces,
20 Weapons of Mass Destruction Civil Sup-
21 port Teams, and Chemical, Biological, Ra-
22 diological, Nuclear, or High-Yield Explo-
23 sive Emergency Response Force Packages,
24 and Homeland Response Forces; and
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1 (iii) personnel to conduct Mission As-
2 surance, Cybersecurity, Port Security &
3 Resiliency, and other critical infrastructure
4 assessments and training along with
5 Counter-IED and bombing prevention
6 training to intergovernmental partners and
7 first responders.
8 (B) On an ongoing basis, partnering with
9 the military departments, the combatant com-
10 mands, other Department of Defense agencies,
11 the Department of Homeland Security, and
12 State, local, territorial, and Tribal governments
13 to conduct—
14 (i) all-threats, all-hazards Mission As-
15 surance assessments in the areas of Mis-
16 sion Assurance Related Programs and Ac-
17 tivities, including cyber supply chain risk
18 management, position, navigation, and tim-
19 ing, and unmanned systems on Defense
20 Critical Infrastructure;
21 (ii) all-hazards and disaster response
22 training and exercise support;
23 (iii) infrastructure protection assess-
24 ment activities, cybersecurity, and counter-
25 IED and bombing prevention training for
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1 the Department of Homeland Security;
2 and
3 (iv) Port Security & Resiliency assess-
4 ments for the Coast Guard.
5 (b) REPORT.—Not later than 120 days after the date
6 of the enactment of this Act, the Secretary of Defense,
7 in consultation with the Assistant Secretary of Defense
8 for Homeland Defense and Global Security and the Chief
9 of the National Guard Bureau, shall submit to the appro-
10 priate congressional committees a report that includes—
11 (1) an organizational plan and an estimate of
12 the annual costs necessary for AITEC to complete
13 its duties as described in subsection (a)(3); and
14 (2) the manpower requirements needed to ade-
15 quately staff such duties.
16 (c) DEFINITIONS.—In this section:
17 (1) The term ‘‘AITEC’’ means the Army Inter-
18 agency Training and Education Center.
19 (2) The term ‘‘appropriate congressional com-
20 mittees’’ means—
21 (A) the Committee on Armed Services, the
22 Committee on Homeland Security and Govern-
23 mental Affairs, and the Committee on Appro-
24 priations of the Senate; and
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1 (B) the Committee on Armed Services, the
2 Committee on Homeland Security, and the
3 Committee on Appropriations of the House of
4 Representatives.
5 (3) The term ‘‘critical infrastructure’’ has the
6 meaning given the term in section 702 of the De-
7 fense Production Act of 1950 (50 U.S.C. 4552).
8 SEC. 519E. ENHANCEMENT OF NATIONAL GUARD YOUTH
9 CHALLENGE PROGRAM.
10 (a) IN GENERAL.—During fiscal year 2023, the Sec-
11 retary of Defense may provide assistance in addition to
12 assistance under subsection (d) of section 509 of title 32,
13 United States Code, to a National Guard Youth Challenge
14 Program of a State for the following purposes:
15 (1) New program start-up costs.
16 (2) Special projects.
17 (3) Workforce development programs.
18 (4) Emergency costs.
19 (b) LIMITATIONS.—
20 (1) MATCHING.—Before the Secretary may use
21 the authority under this section, the State shall com-
22 ply with the matching requirement under such sub-
23 section.
24 (2) TOTAL ASSISTANCE.—Total assistance
25 under this section may not exceed $5,000,000.
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1 (c) REPORTING.—Any assistance provided under this
2 section shall be included in the annual report under sub-
3 section (k) of such section.
4 Subtitle C—General Service
5 Authorities and Military Records
6 SEC. 521. NOTIFICATION TO NEXT OF KIN UPON THE
7 DEATH OF A MEMBER OF THE ARMED
8 FORCES.
9 Subchapter II of chapter 75 of title 10, United States
10 Code, is amended by adding at the end the following new
11 section (and the table of sections at the beginning of such
12 subchapter is amended accordingly):
13 ‘‘§ 1493. Notification to next of kin or other appro-
14 priate person: timing; training
15 ‘‘(a) IN GENERAL.—In the event of a death that re-
16 quires the Secretary of the military department concerned
17 to provide a death benefit under this subchapter, such Sec-
18 retary shall notify the next of kin or other appropriate
19 person not later than four hours after such death.
20 ‘‘(b) DEATH OUTSIDE THE UNITED STATES.—If a
21 death described in subsection (a) occurs outside the
22 United States, the Secretary of Defense, in coordination
23 with the Secretary of State, shall attempt to delay report-
24 ing, by the media of the country in which such death oc-
25 curs, of the name of the decedent until after the Secretary
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1 of the military department concerned has notified the next
2 of kin or other appropriate person pursuant to subsection
3 (a).
4 ‘‘(c) TRAINING.—The Secretary of the military de-
5 partment concerned shall include a training exercise re-
6 garding a death described in this section in each major
7 exercise or planning conference conducted by such Sec-
8 retary or the Secretary of Defense.’’.
9 SEC. 522. DIRECT ACCEPTANCE OF GIFTS FROM CERTAIN
10 SOURCES BY ENLISTED MEMBERS.
11 (a) AUTHORITY.—Section 2601a of title 10, United
12 States Code, is amended—
13 (1) in subsection (b)—
14 (A) by redesignating paragraphs (1)
15 through (3) as subparagraphs (A) through (C),
16 respectively;
17 (B) in the matter preceding subparagraph
18 (A), as redesignated, by striking ‘‘This section
19 applies to’’ and inserting ‘‘(1) A member de-
20 scribed in this paragraph is’’;
21 (C) by adding at the end the following new
22 paragraph:
23 ‘‘(2) A member described in this paragraph is an en-
24 listed member of the armed forces.’’; and
25 (2) in subsection (d)—
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1 (A) by inserting ‘‘(1)’’ before ‘‘The regula-
2 tions’’; and
3 (B) by adding at the end the following new
4 paragraph:
5 ‘‘(2) A member described in subsection (b)(2) may
6 not accept a gift—
7 ‘‘(A) from a source described in paragraph (1);
8 ‘‘(B) solicited by the member;
9 ‘‘(C) that a reasonable person would believe was
10 intended to influence the member in the performance
11 of duties as a member; or
12 ‘‘(D) that a reasonable person would believe
13 was intended to supplement the pay of the mem-
14 ber.’’.
15 (b) CONFORMING AMENDMENTS.—Such section is
16 further amended—
17 (1) in subsection (b)(1)(C), as redesignated, by
18 striking ‘‘paragraph (1)’’ and inserting ‘‘subpara-
19 graph (A)’’;
20 (2) in subsection (c), by striking ‘‘, (2) or (3)’’;
21 and
22 (3) in subsection (e), by striking ‘‘subsection
23 (b)(2)’’ and inserting ‘‘subsection (b)(1)(B)’’.
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1 SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF AC-
2 TIVE DUTY FOR A MEMBER WHO ACCEPTS A
3 FELLOWSHIP, SCHOLARSHIP, OR GRANT.
4 (a) LIMITATION.—Subsection (b) of section 2603 of
5 title 10, United States Code, is amended by adding at the
6 end ‘‘No such period may exceed five years’’.
7 (b) RETROACTIVE EFFECT.—An agreement under
8 such subsection, made by a member of the Armed Forces
9 on or before the date of the enactment of this Act, may
10 not require such member to serve on active duty for a pe-
11 riod longer than five years.
12 SEC. 524. BRIEFING AND REPORT ON ADMINISTRATIVE
13 SEPARATION BOARDS.
14 Subsection (c) of section 529B of the National De-
15 fense Authorization Act for Fiscal Year 2022 (Public Law
16 117–81) is amended to read as follows:
17 ‘‘(c) BRIEFING; REPORT.—The Comptroller General
18 shall submit to the Committees on Armed Services of the
19 Senate and House of Representatives—
20 ‘‘(1) a briefing on preliminary results of the
21 study conducted under subsection (a) not later than
22 December 27, 2022; and
23 ‘‘(2) a report on the final results of the study
24 conducted under subsection (a) not later than May
25 31, 2023.’’.
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1 SEC. 525. ELIMINATION OF TIME LIMIT FOR MANDATORY
2 CHARACTERIZATIONS OF ADMINISTRATIVE
3 DISCHARGES OF CERTAIN MEMBERS ON THE
4 BASIS OF FAILURE TO RECEIVE COVID-19
5 VACCINE.
6 Section 736(a) of the National Defense Authorization
7 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
8 1161 note) is amended in the matter preceding paragraph
9 (1) by striking ‘‘During the time period beginning on Au-
10 gust 24, 2021, and ending on the date that is two years
11 after the date of the enactment of this Act, any’’ and in-
12 serting ‘‘Any’’.
13 SEC. 526. PROHIBITION ON USE OF PHOTOGRAPHS BY CER-
14 TAIN MILITARY PROMOTION BOARDS.
15 (a) IN GENERAL.—The Secretary of Defense shall
16 ensure that no military promotion record of a covered
17 Armed Force includes any official or unofficial photo-
18 graphs.
19 (b) COVERED ARMED FORCE DEFINED.—In this sec-
20 tion, the term ‘‘covered Armed Force’’ means the fol-
21 lowing:
22 (1) The Army.
23 (2) The Navy.
24 (3) The Marine Corps.
25 (4) The Air Force.
26 (5) The Space Force.
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1 SEC. 527. GENDER-NEUTRAL FITNESS STANDARDS FOR
2 COMBAT MILITARY OCCUPATIONAL SPECIAL-
3 TIES OF THE ARMY.
4 (a) ESTABLISHMENT.—Not later than 180 days after
5 the date of the enactment of this Act, the Secretary of
6 the Army shall—
7 (1) establish gender-neutral fitness standards
8 for combat MOSs that are higher than those for
9 non-combat MOSs; and
10 (2) provide a briefing to the Committees on
11 Armed Services of the Senate and House of Rep-
12 resentatives setting forth—
13 (A) the list of combat MOSs described in
14 paragraph (1); and
15 (B) the methodology used to determine
16 whether to include an MOS on such list.
17 (b) MOS DEFINED.—In this section, the term
18 ‘‘MOS’’ means a military occupational specialty.
19 SEC. 528. RETENTION AND RECRUITMENT OF MEMBERS OF
20 THE ARMY WHO SPECIALIZE IN AIR AND MIS-
21 SILE DEFENSE SYSTEMS.
22 (a) STUDY.—The Comptroller General of the United
23 States shall study efforts to retain and recruit members
24 with military occupational specialties regarding air and
25 missile defense systems of the Army.
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1 (b) REPORT.—Not later than six months after the
2 date of the enactment of this Act, the Comptroller General
3 shall submit to the Committees on Armed Services of the
4 Senate and House of Representatives a report that identi-
5 fies steps the Secretary of the Army may take to improve
6 such retention and recruitment.
7 (c) IMPLEMENTATION.—Not later than September
8 30, 2023, the Secretary of the Army shall implement the
9 steps identified in the report under subsection (b).
10 SEC. 529. PILOT PROGRAM ON REMOTE PERSONNEL PROC-
11 ESSING IN THE ARMY.
12 (a) PILOT PROGRAM.—Not later than January 1,
13 2024, the Secretary of the Army shall implement a pilot
14 program to test the use of a software application to expe-
15 dite in-processing and out-processing at one or more mili-
16 tary installations—
17 (1) under the jurisdiction of such Secretary;
18 and
19 (2) located within the continental United
20 States.
21 (b) APPLICATION REQUIREMENTS.—The software
22 application shall perform the following functions:
23 (1) Enable the remote in-processing and out-
24 processing of covered personnel, including by permit-
25 ting covered personnel to electronically sign forms.
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1 (2) Reduce the number of hours required of
2 covered personnel for in-processing and out-proc-
3 essing.
4 (3) Provide, to covered personnel and the com-
5 mander of a military installation concerned, elec-
6 tronic copies of records related to in-processing and
7 out-processing.
8 (c) SELECTION OF LOCATION.—In selecting a mili-
9 tary installation for the pilot program, the Secretary shall
10 give priority to the military installation that is the least
11 popular according to preferences of Army officers in the
12 Active Duty Officer Assignment Interactive Module.
13 (d) TERMINATION.—The pilot program shall termi-
14 nate on January 1st, 2027.
15 (e) REPORT.—Not later than January 1, 2026, the
16 Secretary shall submit to the Committees on Armed Serv-
17 ices of the Senate and House of Representatives a report
18 regarding the pilot program, including the recommenda-
19 tion of the Secretary whether to make the pilot program
20 permanent.
21 (f) DEFINITIONS.—In this section:
22 (1) The term ‘‘covered personnel’’ includes
23 members of the Army and civilian employees of the
24 Department of the Army.
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1 (2) The term ‘‘in-processing’’ means the admin-
2 istrative activities that covered personnel undertake
3 pursuant to a permanent change of station.
4 (3) The term ‘‘out-processing’’ means the ad-
5 ministrative activities that covered personnel under-
6 take pursuant to a permanent change of station,
7 separation from the Army, or end of employment
8 with the Department of the Army.
9 SEC. 529A. IMPROVING OVERSIGHT OF MILITARY RECRUIT-
10 MENT PRACTICES IN PUBLIC SECONDARY
11 SCHOOLS.
12 Not later than 180 days after the date of the enact-
13 ment of this Act, the Secretary of Defense shall submit
14 to the congressional defense committees a report on mili-
15 tary recruitment practices in public secondary schools dur-
16 ing calendar years 2018 through 2022, including—
17 (1) the zip codes of public secondary schools
18 visited by military recruiters; and
19 (2) the number of recruits from public sec-
20 ondary schools by zip code and local education agen-
21 cy.
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1 SEC. 529B. ENLISTMENTS: COMPILATION OF DIRECTORY
2 AND OTHER PROSPECTIVE RECRUIT INFOR-
3 MATION.
4 (a) COMPILATION OF PROSPECTIVE RECRUIT INFOR-
5 MATION.—Section 503 of title 10, United States Code, is
6 amended—
7 (1) by striking the section designation and
8 heading and inserting the following:
9 ‘‘§ 503. Enlistments: recruiting campaigns; compila-
10 tion of directory and other prospective
11 recruit information’’;
12 (2) in subsection (a)(1), by striking ‘‘Regular
13 Army’’ and all that follows before the period at the
14 end and inserting ‘‘regular and reserve components
15 of the armed forces’’;
16 (3) by redesignating subsections (c) and (d) as
17 subsections (d) and (e), respectively; and
18 (4) by inserting after subsection (b) the fol-
19 lowing new subsection:
20 ‘‘(c) COMPILATION OF OTHER PROSPECTIVE RE-
21 CRUIT INFORMATION.—(1) The Secretary of Defense may
22 collect and compile other prospective recruit information
23 pertaining to individuals who are—
24 ‘‘(A) 17 years of age or older or in the
25 eleventh grade (or its equivalent) or higher; and
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1 ‘‘(B) enrolled in a secondary school in the
2 United States (including its territories and pos-
3 sessions) or the Commonwealth of Puerto Rico.
4 ‘‘(2) The Secretary may make prospective re-
5 cruit information collected and compiled under this
6 subsection available to the armed forces for military
7 recruiting purposes. Such information may not be
8 disclosed for any other purpose.
9 ‘‘(3) Other prospective recruit information col-
10 lected and compiled under 1 this subsection shall be
11 confidential, and a person who has had access to
12 such information may not disclose the information
13 except for the purposes described in paragraph (2).
14 ‘‘(4) In this subsection, the term ‘prospective
15 recruit information’ means information for use in
16 identifying prospective recruits, tailoring marketing
17 efforts to reach the primary recruit market, and
18 measuring the return on investment of ongoing mar-
19 keting efforts. Citizens will be made aware of the
20 categories of personally identifiable information
21 (PII), as well as non-PII information, to be collected
22 and the purposes for which the categories of per-
23 sonal information are collected and used. Categories
24 of information may include, but are not limited to—
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1 ‘‘(A) identifiers (such as Internet Protocol
2 address, social media handles);
3 ‘‘(B) information about your connected de-
4 vices and how you interact with our apps and
5 websites (such as browser type, unique device
6 identifier, cookie data, and associated identi-
7 fying and usage information);
8 ‘‘(C) demographic (such as date of birth,
9 high school or college graduation year, grade
10 currently enrolled in, citizenship, marital status,
11 household composition, or veteran or military
12 status);
13 ‘‘(D) protected classification characteristics
14 under state or federal law (such as age and
15 gender);
16 ‘‘(E) audio or video information (social
17 media content, photographs and videos shared
18 on recruitment digital properties, images and
19 likeness captured at events);
20 ‘‘(F) fitness activity data (for example, ex-
21 ercise length, duration, activities); and
22 ‘‘(G) login and profile information, includ-
23 ing screen name, password and unique user ID
24 for recruitment digital properties.
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1 ‘‘(5) The collection, use, and retention of a citi-
2 zen’s personal information shall be reasonably nec-
3 essary and proportionate to military recruitment ob-
4 jectives.
5 ‘‘(6) Where possible, citizens will have the abil-
6 ity to manage and/or opt-out of data collection via
7 a clear and easy to access process in compliance
8 with state legislation.’’.
9 (c) REGULATIONS.—The Secretary of Defense shall
10 prescribe regulations to carry out the amendments made
11 by this section.
12 (b) CLERICAL AMENDMENT.—The table of sections
13 at the beginning of chapter 31 of such 10 title is amended
14 by striking the item relating to section 503 and inserting
15 the following new item:
‘‘503. Enlistments: recruiting campaigns; compilation of directory and other pro-
spective recruit information.’’.
16 SEC. 529C. CONTINUING MILITARY SERVICE FOR CERTAIN
17 MEMBERS ELIGIBLE FOR CHAPTER 61 RE-
18 TIREMENT.
19 (a) IN GENERAL.—Not later than one year after the
20 date of the enactment of this act, the Secretary of Defense
21 shall prescribe regulations that allow a covered member
22 to continue to elect to serve in the Armed Forces—
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1 (1) in the current military occupational spe-
2 cialty of such covered member, for which the covered
3 member may not be deployable; or
4 (2) in a military occupational specialty for
5 which the covered member is deployable.
6 (b) RULE OF CONSTRUCTION.—A covered member
7 who completes 20 years of service computed under section
8 1208 of title 10, United States Code shall not be denied
9 any benefit under laws administered by the Secretary of
10 Defense or the Secretary of Veterans Affairs solely on the
11 basis that the covered member elected to continue to serve
12 in the Armed Forces instead of taking retirement under
13 chapter 61 of title 10, United States Code.
14 (c) COVERED MEMBER DEFINED.—In this section,
15 the term ‘‘covered member’’ means a member of the
16 Armed Forces—
17 (1) whom the Secretary concerned determines
18 possesses skill or experience vital to the Armed
19 Force concerned;
20 (2) who incurs a disability—
21 (A) while eligible for special pay under sec-
22 tion 310 of title 37, United States Code; and
23 (B) that renders the member eligible for
24 retirement under chapter 61 of title 10, United
25 States Code; and
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1 (3) who elects to continue to serve in the
2 Armed Forces instead of such retirement.
3 SEC. 529D. SENSE OF CONGRESS REGARDING THE PORT
4 CHICAGO 50.
5 It is the sense of Congress that—
6 (1) the American people should recognize the
7 role of racial bias in the prosecution and convictions
8 of the Port Chicago 50 following the deadliest home
9 front disaster in World War II;
10 (2) the military records of each of the Port Chi-
11 cago 50 should reflect such exoneration of any and
12 all charges brought against them in the aftermath of
13 the explosion; and
14 (3) the Secretary of the Navy should upgrade
15 the general and summary discharges of each of the
16 Port Chicago 50 sailors to honorable discharges.
17 SEC. 529E. TREATMENT OF PERSONALLY IDENTIFIABLE IN-
18 FORMATION REGARDING PROSPECTIVE RE-
19 CRUITS.
20 Section 503(a) of title 10, United States Code, is
21 amended adding at the end the following new paragraphs:
22 ‘‘(3) PII regarding a prospective recruit col-
23 lected or compiled under this subsection shall be
24 kept confidential, and a person who has had access
25 to such PII may not disclose the information except
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1 for purposes of this section or other purpose author-
2 ized by law.
3 ‘‘(4) In the course of conducting a recruiting
4 campaign, the Secretary concerned shall—
5 ‘‘(A) notify a prospective recruit of data
6 collection policies of the armed force concerned;
7 and
8 ‘‘(B) permit the prospective recruit to elect
9 not to participate in such data collection.
10 ‘‘(5) In this subsection, the term ‘PII’ means
11 personally identifiable information.’’.
12 SEC. 529F. IMPLEMENTATION OF CERTAIN RECOMMENDA-
13 TIONS REGARDING SCREENING INDIVIDUALS
14 WHO SEEK TO ENLIST IN THE ARMED
15 FORCES AND COUNTERING EXTREMIST AC-
16 TIVITY IN THE DEPARTMENT OF DEFENSE.
17 (a) ENLISTMENT SCREENING.—Not later than 60
18 days after the date of the enactment of this Act, the Sec-
19 retary of Defense shall implement the seven recommenda-
20 tions of the Under Secretary of Defense for Personnel and
21 Readiness on page 2 of the report titled ‘‘Screening Indi-
22 viduals Who Seek to Enlist in the Armed Forces’’, sub-
23 mitted to the Committees on Armed Services of the Senate
24 and House of Representatives on October 14, 2020.
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1 (b) COUNTERING EXTREMISM.—Not later than 180
2 days after the date of the enactment of this Act, the Sec-
3 retary of Defense shall implement six recommendations of
4 the Countering Extremist Activity Working Group on
5 pages 15 through 18 on the report entitled ‘‘Report on
6 Countering Extremist Activity Within the Department of
7 Defense’’ published in December 2021.
8 SEC. 529G. BEST PRACTICES FOR THE RETENTION OF CER-
9 TAIN FEMALE MEMBERS OF THE ARMED
10 FORCES.
11 The Secretaries of the military departments shall
12 share and implement best practices (including use of civil-
13 ian industry best practices) regarding the use of retention
14 and exit survey data to identify barriers and lessons
15 learned to improve the retention of female members of the
16 Armed Forces under the jurisdiction of such Secretaries.
17 SEC. 529H. RECORD OF MILITARY SERVICE FOR MEMBERS
18 OF THE ARMED FORCES.
19 (a) STANDARD RECORD OF SERVICE REQUIRED.—
20 Chapter 59 of title 10, United States Code, is amended
21 by inserting after section 1168 the following new sections:
22 ‘‘§ 1168a. Discharge or release: record of military
23 service
24 ‘‘(a) RECORD OF SERVICE REQUIRED.—(1) The Sec-
25 retary of Defense shall establish and implement a stand-
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1 ard record of military service for all members of the armed
2 forces (including the reserve components), regarding all
3 duty under this title, title 32, and title 14.
4 ‘‘(2) The record established under this section shall
5 be known as the ‘Certificate of Military Service’.
6 ‘‘(b) NATURE AND SCOPE.—A Certificate of Military
7 Service shall—
8 ‘‘(1) provide a standardized summary of the
9 service, in any Federal duty status or on State ac-
10 tive duty, in the armed forces of a member of the
11 armed forces;
12 ‘‘(2) be the same document for all members of
13 the armed forces; and
14 ‘‘(3) serve as the discharge certificate or certifi-
15 cate of release from active duty for purposes of sec-
16 tion 1168 of this title.
17 ‘‘(c) COORDINATION.—In carrying out this section,
18 the Secretary of Defense shall coordinate with other Fed-
19 eral officers, including the Secretary of Veterans Affairs,
20 to ensure that a Certificate of Military Service serves as
21 acceptable proof of military service for receipt of benefits
22 under the laws administered by such Federal officers.’’.
23 (b) ISSUANCE TO MEMBERS OF RESERVE COMPO-
24 NENTS.—Chapter 59 of such title, as amended by sub-
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1 section (a), is further amended by inserting after section
2 1168a the following new section:
3 ‘‘§ 1168b. Record of military service: issuance to mem-
4 bers of reserve components
5 ‘‘An up-to-date record of military service under sec-
6 tion 1168a of this title shall be issued to a member of
7 a reserve component as follows:
8 ‘‘(1) Upon permanent change to duty status
9 (including retirement, resignation, expiration of a
10 term of service, promotion or commissioning as an
11 officer, or permanent transfer to active duty).
12 ‘‘(2) Upon discharge or release from temporary
13 active duty orders (minimum of 90 days on orders
14 or 30 days for a contingency operation).
15 ‘‘(3) Upon promotion to each grade beginning
16 with—
17 ‘‘(A) O–3 for commissioned officers;
18 ‘‘(B) W–3 for warrant officers; and
19 ‘‘(C) E–4 for enlisted members.
20 ‘‘(4) In the case of a member of the National
21 Guard, upon any transfer to the National Guard of
22 another State or territory (commonly referred to as
23 an ‘Interstate Transfer’).’’.
24 (c) CONFORMING AMENDMENTS RELATED TO CUR-
25 RENT DISCHARGE CERTIFICATE AUTHORITIES.—
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1 (1) IN GENERAL.—Subsection (a) of section
2 1168 of title 10, United States Code, is amended—
3 (A) by striking ‘‘his discharge certificate or
4 certificate of release from active duty, respec-
5 tively, and his final pay’’ and inserting ‘‘the
6 member’s record of military service under sec-
7 tion 1168a of this title, and the member’s final
8 pay’’; and
9 (B) by striking ‘‘him or his’’ and inserting
10 ‘‘the member or the member’s’’.
11 (2) HEADING AMENDMENT.—The heading of
12 such section 1168 is amended to read as follows:
13 ‘‘§ 1168. Discharge or release from active duty: limita-
14 tions; issuance of record of military serv-
15 ice’’.
16 (d) CLERICAL AMENDMENT.—The table of sections
17 at the beginning of chapter 59 of such title is amended
18 by striking the item relating to section 1168 and inserting
19 the following new items:
‘‘1168. Discharge or release from active duty: limitations; issuance of record of
military service.
‘‘1168a. Discharge or release: record of military service.
‘‘1168b. Record of military service: issuance to members of reserve compo-
nents.’’.
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1 Subtitle D—Military Justice
2 SEC. 531. SEXUAL HARASSMENT INDEPENDENT INVESTIGA-
3 TIONS AND PROSECUTION.
4 (a) INCLUSION OF SEXUAL HARASSMENT IN OF-
5 FENSES SUBJECT TO AUTHORITY OF SPECIAL TRIAL
6 COUNSEL.—
7 (1) DEFINITION OF COVERED OFFENSE.—Sec-
8 tion 801(17)(A) of title 10, United States Code (ar-
9 ticle 1(17)(A) of the Uniform Code of Military Jus-
10 tice), as added by section 533 of the National De-
11 fense Authorization Act for Fiscal Year 2022 (Pub-
12 lic Law 117–81), is amended—
13 (A) by striking ‘‘or’’; and
14 (B) by striking ‘‘of this title’’ and inserting
15 ‘‘, or the standalone offense of sexual harass-
16 ment punishable under section 934 (article 134)
17 of this title’’.
18 (2) EFFECTIVE DATE.—The amendments made
19 by subsection (a) shall take effect two years after
20 the coming into effect of the amendments made by
21 section 533 of the National Defense Authorization
22 Act for Fiscal Year 2022 (Public Law 117–81) as
23 provided in section 539C of that Act.
24 (b) INDEPENDENT INVESTIGATION OF SEXUAL HAR-
25 ASSMENT.—
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1 (1) DEFINITIONS.—Section 1561 of title 10,
2 United States Code, as amended by section 543 of
3 the National Defense Authorization Act for Fiscal
4 Year 2022 (Public Law 117–81), is amended—
5 (A) in subsection (a)—
6 (i) by striking ‘‘or Space Force’’ and
7 inserting ‘‘Space Force, or Coast Guard’’;
8 and
9 (ii) by inserting ‘‘or the Department
10 of Homeland Security (in the case of a
11 matter involving the Coast Guard when not
12 operating as a service in the Navy)’’ after
13 ‘‘Department of Defense’’; and
14 (B) by amending subsection (e) to read as
15 follows:
16 ‘‘(e) DEFINITIONS.—In this section:
17 ‘‘(1) The term ‘independent investigator’ means
18 a member of the armed forces or a civilian employee
19 of the Department of Defense or the Department of
20 Homeland Security (in the case of a matter involv-
21 ing the Coast Guard when not operating as a service
22 in the Navy) who—
23 ‘‘(A) is outside the chain of command of
24 the complainant and the subject of the inves-
25 tigation; and
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1 ‘‘(B) is trained in the investigation of sex-
2 ual harassment, as determined by—
3 ‘‘(i) the Secretary concerned, in the
4 case of a member of the armed forces;
5 ‘‘(ii) the Secretary of Defense, in the
6 case of a civilian employee of the Depart-
7 ment of Defense; or
8 ‘‘(iii) the Secretary of Homeland Se-
9 curity, in the case of a civilian employee of
10 the Department of Homeland Security.
11 ‘‘(2) The term ‘sexual harassment’ means con-
12 duct that constitutes the offense of sexual harass-
13 ment as punishable under section 934 of this title
14 (article 134) pursuant to the regulations prescribed
15 by the Secretary of Defense for purposes of such
16 section (article).’’.
17 (2) EFFECTIVE DATE.—The amendments made
18 by paragraph (1) shall take effect immediately after
19 the coming into effect of the amendments made by
20 section 543 of the National Defense Authorization
21 Act for Fiscal Year 2022 (Public Law 117–81) as
22 provided in subsection (c) of that section.
23 SEC. 532. MATTERS IN CONNECTION WITH SPECIAL TRIAL
24 COUNSEL.
25 (a) DEFINITION OF COVERED OFFENSE.—
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1 (1) IN GENERAL.—Paragraph (17)(A) of sec-
2 tion 801 of title 10, United States Code (article 1
3 of the Uniform Code of Military Justice), as added
4 by section 533 of the National Defense Authoriza-
5 tion Act for Fiscal Year 2022 (Public Law 117–81;
6 135 Stat. 1695) and amended by section 531, is fur-
7 ther amended by striking ‘‘section 920 (article 120)’’
8 and inserting ‘‘section 919a (article 119a), section
9 920 (article 120), section 920a (article 120a)’’.
10 (2) EFFECTIVE DATE.—The amendments made
11 by paragraph (1) shall—
12 (A) take effect on the date that is two
13 years after the date of the enactment of the
14 National Defense Authorization Act for Fiscal
15 Year 2022 (Public Law 117–81); and
16 (B) apply with respect to any offenses that
17 occur after that date.
18 (b) RESIDUAL PROSECUTORIAL DUTIES AND OTHER
19 JUDICIAL, FUNCTIONS OF CONVENING AUTHORITIES IN
20 COVERED CASES.—The President shall prescribe regula-
21 tions to ensure that residual prosecutorial duties and other
22 judicial functions of convening authorities, including but
23 not limited to granting immunity, ordering depositions,
24 and hiring experts, with respect to charges and specifica-
25 tions over which a special trial counsel exercises authority
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1 pursuant to section 824a of title 10, United States Code
2 (article 24a of the Uniform Code of Military Justice), are
3 transferred to the military judge, the special trial counsel,
4 or other authority as appropriate in such cases by no later
5 than the effective date established in section 539C of the
6 National Defense Authorization Act for fiscal Year 2022
7 (Public Law 117–81; 10 U.S.C. 801 note), in consider-
8 ation of due process for all parties involved in such a case.
9 (c) AMENDMENTS TO THE RULES FOR COURTS MAR-
10 TIAL.—The President shall prescribe in regulation such
11 modifications to Rule 813 of the Rules for Courts-Martial
12 and other Rules as appropriate to ensure that at the be-
13 ginning of each court-martial convened, the presentation
14 of orders does not in open court specify the name, rank,
15 or position of the convening authority convening such
16 court, unless such convening authority is the Secretary
17 concerned, the Secretary of Defense, or the President.
18 (d) BRIEFING REQUIRED.—Not later than 180 days
19 after the date of the enactment of this Act, the Secretary
20 of Defense shall provide to the Committees on Armed
21 Services of the Senate and the House of Representatives
22 a briefing on the progress of the Department of Defense
23 in implementing this section, including an identification
24 of—
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1 (1) the duties to be transferred under sub-
2 section (b);
3 (2) the positions to which those duties will be
4 transferred; and
5 (3) any provisions of law or Rules for Courts
6 Martial that must be amended or modified to fully
7 complete the transfer.
8 (e) ADDITIONAL REPORTING RELATIVE TO IMPLE-
9 MENTATION OF SUBTITLE D OF TITLE V OF THE NA-
10 TIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL
11 YEAR 2022.—Not later than February 1, 2025, and annu-
12 ally thereafter for five years, the Secretary of Defense and
13 the Secretary of the department in which the Coast Guard
14 is operating (with respect to the Coast Guard) shall sub-
15 mit to the appropriate congressional committees a report
16 assessing the holistic effect of the reforms contained in
17 subtitle D of title V of the National Defense Authorization
18 Act for Fiscal Year 2022 (Public Law 117–81) on the
19 military justice system. The report shall include the fol-
20 lowing elements:
21 (1) An overall assessment of the effect such re-
22 forms have had on the military justice system and
23 the maintenance of good order and discipline in the
24 ranks.
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1 (2) The percentage of caseload and courts-mar-
2 tial assessed as meeting, or having been assessed as
3 potentially meeting, the definition of ‘‘covered of-
4 fense’’, disaggregated by offense and military service
5 where possible.
6 (3) An assessment of prevalence and data con-
7 cerning disposition of cases by commanders after
8 declination of prosecution by special trial counsel,
9 disaggregated by offense and military service when
10 possible.
11 (4) Assessment of the effect, if any, the reforms
12 contained in such subtitle have had on non-judicial
13 punishment concerning covered and non-covered of-
14 fenses.
15 (5) A description of the resources and personnel
16 required to maintain and execute the reforms made
17 by such subtitle during the reporting period relative
18 to fiscal year 2022.
19 (6) A description of any other factors or mat-
20 ters considered by the Secretary to be important to
21 a holistic assessment of these reforms on the mili-
22 tary justice system.
23 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
24 FINED.—In this section, the term ‘‘appropriate congres-
25 sional committees’’ means the following:
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1 (1) The Committee on Armed Services of the
2 House of Representatives.
3 (2) The Committee on Armed Services of the
4 Senate.
5 (3) The Committee on Transportation and In-
6 frastructure of the House of Representatives.
7 (4) The Committee on Commerce, Science, and
8 Transportation of the Senate.
9 SEC. 533. STANDARDS FOR IMPOSITION OF COMMANDING
10 OFFICER’S NON-JUDICIAL PUNISHMENT.
11 (a) COMMANDING OFFICER’S NON-JUDICIAL PUN-
12 ISHMENT.—
13 (1) IN GENERAL.—Section 815 of title 10,
14 United States Code (article 15 of the Uniform Code
15 of Military Justice), is amended—
16 (A) by redesignating subsections (c)
17 through (g) as subsections (d) through (h), re-
18 spectively;
19 (B) by inserting after subsection (b), the
20 following new subsection:
21 ‘‘(c)(1) Except as provided in paragraphs (2) and (3),
22 a commanding officer may not impose a punishment au-
23 thorized in subsection (b) unless, before the imposition of
24 such punishment, the commanding officer—
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1 ‘‘(A) requests and receives legal guidance re-
2 garding the imposition of such punishment from a
3 judge advocate or other legal officer of the armed
4 force of which the commanding officer is a member;
5 and
6 ‘‘(B) provides the member who may be subject
7 to such punishment with an opportunity to consult
8 appropriate legal counsel.
9 ‘‘(2) Paragraph (1) shall not apply to the punish-
10 ments specified in subparagraphs (E) and (F) of sub-
11 section (b)(2).
12 ‘‘(3) A commanding officer may waive the require-
13 ments set forth in subparagraphs (A) and (B) of para-
14 graph (1), on a case by case basis, if the commanding offi-
15 cer determines such a waiver is necessary on the basis of
16 operational necessity.’’; and
17 (C) in subsection (f), as so redesignated,
18 by striking ‘‘subsection (d)’’ and inserting ‘‘sub-
19 section (e)’’.
20 (2) EFFECTIVE DATE AND APPLICABILITY.—
21 The amendments made by paragraph (1) shall take
22 effect 180 days after the date of the enactment of
23 this Act and shall apply with respect to punishments
24 imposed under section 815 of title 10, United States
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1 Code (article 15 of the Uniform Code of Military
2 Justice), on or after such effective date.
3 (3) ADDITIONAL GUIDANCE REQUIRED.—Not
4 later than one year after the date of the enactment
5 of this Act, each Secretary concerned shall prescribe
6 regulations or issue other written guidance with re-
7 spect to non-judicial punishment under section 815
8 of title 10, United States Code (article 15 of the
9 Uniform Code of Military Justice) that—
10 (A)(i) identifies criteria to be considered
11 when determining whether a member of the
12 armed forces is attached to or embarked in a
13 vessel for the purposes of determining whether
14 such member may demand trial by court-mar-
15 tial in lieu of punishment under such section
16 (article); and
17 (ii) establishes a policy about the appro-
18 priate and responsible invocation of such excep-
19 tion; and
20 (B) establishes criteria commanders must
21 consider when evaluating whether to issue a
22 waiver under subsection (c)(3) of such section
23 (article) (as added by paragraph (1) of this
24 subsection) on the basis of operational neces-
25 sity.
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1 (b) MODIFICATION OF ANNUAL REPORTS ON RACIAL
2 AND ETHNIC DEMOGRAPHICS IN THE MILITARY JUSTICE
3 SYSTEM.—Section 486(b) of title 10, United States Code,
4 is amended—
5 (1) in paragraph (7), by striking ‘‘and’’ at the
6 end;
7 (2) in paragraph (8), by striking the period at
8 the end and inserting a semicolon; and
9 (3) by adding at the end the following new
10 paragraphs:
11 ‘‘(9) with respect to principals on sea duty who
12 were not attached to or embarked in a vessel (as de-
13 termined by the Secretary of the Navy or the Sec-
14 retary of the department in which the Coast Guard
15 is operating), the number of non-judicial punish-
16 ments proposed and finalized under section 815 of
17 this title (article 15 of the Uniform Code of Military
18 Justice), in total and disaggregated by—
19 ‘‘(A) whether the commanding officer im-
20 posing non-judicial punishment requested and
21 received legal guidance regarding the imposition
22 of such punishment from a judge advocate or
23 other legal officer of the armed force of which
24 the commanding officer is a member;
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1 ‘‘(B) whether the principal was provided
2 the opportunity to consult appropriate legal
3 counsel; and
4 ‘‘(C) statistical category as related to the
5 principal; and
6 ‘‘(10) with respect to principals on sea duty
7 who were attached to or embarked in a vessel (as de-
8 termined by the Secretary of the Navy or the Sec-
9 retary of the department in which the Coast Guard
10 is operating), the number of non-judicial punish-
11 ments proposed and finalized under section 815 of
12 this title (article 15 of the Uniform Code of Military
13 Justice), in total and disaggregated by—
14 ‘‘(A) whether the commanding officer im-
15 posing non-judicial punishment requested and
16 received legal guidance regarding the imposition
17 of such punishment from a judge advocate or
18 other legal officer of the armed force of which
19 the commanding officer is a member;
20 ‘‘(B) whether the principal was provided
21 the opportunity to consult appropriate legal
22 counsel; and
23 ‘‘(C) statistical category as related to the
24 principal.’’.
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1 SEC. 534. SPECIAL TRIAL COUNSEL OF THE AIR FORCE.
2 (a) IN GENERAL.—Section 1044f of title 10, United
3 States Code, is amended—
4 (1) in subsection (a), in the matter preceding
5 paragraph (1), by striking ‘‘The policies shall’’ and
6 inserting ‘‘Subject to subsection (c), the policies
7 shall’’;
8 (2) by redesignating subsection (c) as sub-
9 section (d); and
10 (3) by inserting after subsection (b) the fol-
11 lowing new subsection:
12 ‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF
13 THE AIR FORCE.—In establishing policies under sub-
14 section (a), the Secretary of Defense shall—
15 ‘‘(1) in lieu of providing for separate offices for
16 the Air Force and Space Force under subsection
17 (a)(1), provide for the establishment of a single dedi-
18 cated office from which office the activities of the
19 special trial counsel of the Department of the Air
20 Force shall be supervised and overseen; and
21 ‘‘(2) in lieu of providing for separate lead spe-
22 cial trial counsels for the Air Force and Space Force
23 under subsection (a)(2), provide for the appointment
24 of one lead special trial counsel who shall be respon-
25 sible for the overall supervision and oversight of the
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1 activities of the special trial counsel of the Depart-
2 ment of the Air Force.’’.
3 (b) EFFECTIVE DATE.—The amendments made sub-
4 section (a) shall take effect immediately after the coming
5 into effect of the amendments made by section 532 of the
6 National Defense Authorization Act for Fiscal Year 2022
7 (Public Law 117–81) as provided in section 539C of that
8 Act.
9 SEC. 535. FINANCIAL ASSISTANCE FOR VICTIMS OF OF-
10 FENSES UNDER THE UNIFORM CODE OF MILI-
11 TARY JUSTICE.
12 (a) MILITARY CRIME VICTIMS FINANCIAL ASSIST-
13 ANCE FUND.—Chapter 53 of title 10, United States Code,
14 is amended by inserting before section 1045 the following
15 new section:
16 ‘‘§ 1044g. Military Crime Victims Financial Assistance
17 Fund
18 ‘‘(a) ESTABLISHMENT.—There is established in the
19 Treasury of the United States a fund to be known as the
20 ‘Military Crime Victims Financial Assistance Fund’ (re-
21 ferred to in this section as the ‘Fund’).
22 ‘‘(b) ADMINISTRATION OF FUND.—The Secretary of
23 the Treasury shall administer the Fund consistent with
24 the provisions of this section.
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1 ‘‘(c) DEPOSITS.—There shall be deposited in the
2 Fund the following:
3 ‘‘(1) Any amounts appropriated to the Fund.
4 ‘‘(2) Any amounts donated to the Fund.
5 ‘‘(d) AVAILABILITY AND USE OF FUND.—Amounts
6 in the Fund shall, to the extent provided in appropriations
7 Acts, be available solely for the payment of financial as-
8 sistance to victims of covered violent offenses in accord-
9 ance with the regulations prescribed under subsection (e).
10 ‘‘(e) REGULATIONS.—Not later than one year after
11 the date of the enactment of this section, the Secretary
12 of Defense shall prescribe regulations pursuant to which
13 a victim of a covered violent offense may apply for and
14 receive financial assistance payments from the Fund. Such
15 regulations shall provide as follows:
16 ‘‘(1) A victim of a covered violent offense may
17 apply to the Fund for—
18 ‘‘(A) a standard payment;
19 ‘‘(B) a reimbursement payment; or
20 ‘‘(C) a standard payment and a reimburse-
21 ment payment.
22 ‘‘(2) A standard payment to a victim shall be
23 a fixed amount determined by the Secretary of De-
24 fense for each covered violent offense.
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1 ‘‘(3) A reimbursement payment to a victim
2 shall be an amount determined by the Secretary of
3 Defense that is sufficient to reimburse the victim for
4 health care expenses, travel expenses, and expenses
5 for property damage resulting from the covered vio-
6 lent offense, subject to such limits as the Secretary
7 may prescribe. A reimbursement payment may not
8 be made for any expenses for which a victim receives
9 reimbursement from other sources, including insur-
10 ance claims.
11 ‘‘(4) An individual victim may receive not more
12 than $50,000 from the Fund per incident.
13 ‘‘(5) The eligibility of a victim to receive pay-
14 ments from the Fund shall be subject to such terms,
15 conditions, and other requirements as the Secretary
16 may prescribe.
17 ‘‘(6) The Secretary may not make a payment
18 from the Fund if the amount of such payment would
19 exceed the amounts available in the fund.
20 ‘‘(f) ANNUAL REPORTS.—Not later than February 1
21 of each year, the Secretaries concerned, in consultation
22 with the Secretary of the Treasury, shall submit to the
23 appropriate congressional committees a report that in-
24 cludes—
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1 ‘‘(1) a summary of the amounts deposited to
2 and paid from the Fund during the preceding year;
3 ‘‘(2) the number of victims who received pay-
4 ments from the Fund during the preceding year, set
5 forth separately for each covered violent offense; and
6 ‘‘(3) an estimate of the amount of appropria-
7 tions required, if any, to maintain the solvency of
8 the fund for the period of two fiscal years following
9 the date of the report.
10 ‘‘(g) DEFINITIONS.—In this section:
11 ‘‘(1) The term ‘appropriate congressional com-
12 mittees’ means the following:
13 ‘‘(A) The congressional defense commit-
14 tees.
15 ‘‘(B) The Committee on Transportation
16 and Infrastructure of the House of Representa-
17 tives.
18 ‘‘(C) The Committee on Commerce,
19 Science, and Transportation of the Senate.
20 ‘‘(2) The term ‘covered violent offense’ means—
21 ‘‘(A) an offense under section 918 (article
22 118), section 919 (article 119), section 919a
23 (article 119a), section 920 (article 120), section
24 920b (article 120b), section 920c (article 120c),
25 section 922 (article 122), section 925 (article
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1 125), section 928 (article 128), section 928a
2 (article 128a), section 928b (article 128b), sec-
3 tion 930 (article 130), or the standalone offense
4 of sexual harassment as punishable under sec-
5 tion 934 (article 134) of this title; or
6 ‘‘(B) an attempt to commit an offense
7 specified in subparagraph (A) as punishable
8 under section 880 of this title (article 880).
9 ‘‘(3) The term ‘victim’ means individual who
10 has suffered direct physical, emotional, or pecuniary
11 harm as a result of the commission of a covered vio-
12 lent offense.’’.
13 (b) CLERICAL AMENDMENT.—The table of sections
14 at the beginning of such chapter is amended by inserting
15 before the item relating to section 1045 the following new
16 item:
‘‘1044g. Military Crime Victims Financial Assistance Fund.’’.
17 (c) APPLICABILITY.—Eligibility to receive a payment
18 from the Military Crime Victims Financial Assistance
19 Fund under section 1044g of title 10, United States Code
20 (as added by subsection (a)), shall be limited to individuals
21 who—
22 (1) are victims of covered violent offenses that
23 occur on or after the date of the enactment of this
24 Act; and
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1 (2) apply for payment from the Fund after the
2 effective date of the regulations prescribed under
3 subsection (e) of such section 1044g.
4 (d) PROGRESS REPORT.—
5 (1) IN GENERAL.—Not later than 90 days after
6 the date of the enactment of this Act, the Secretary
7 of Defense shall submit to the appropriate congres-
8 sional committees a report on plans of the Secretary
9 for implementing the Military Crime Victims Finan-
10 cial Assistance Fund under section 1044g of title
11 10, United States Code (as added by subsection (a)).
12 (2) APPROPRIATE CONGRESSIONAL COMMIT-
13 TEES DEFINED.—In this subsection, the term ‘‘ap-
14 propriate congressional committees’’ means the fol-
15 lowing:
16 (A) The congressional defense committees.
17 (B) The Committee on Transportation and
18 Infrastructure of the House of Representatives.
19 (C) The Committee on Commerce, Science,
20 and Transportation of the Senate.
21 SEC. 536. ADDRESSING SEX-RELATED OFFENSES AND SEX-
22 UAL HARASSMENT INVOLVING MEMBERS OF
23 THE NATIONAL GUARD.
24 (a) ADDRESSING CERTAIN SEX-RELATED OF-
25 FENSES.—
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1 (1) IN GENERAL.—Chapter 80 of title 10,
2 United States Code, is amended by inserting after
3 section 1561b the following new section:
4 ‘‘§ 1561c. Addressing sex-related offenses and sexual
5 harassment involving members of the Na-
6 tional Guard
7 ‘‘(a) IN GENERAL.—An adjutant general who re-
8 ceives notice of an allegation of a sex-related offense or
9 sexual harassment committed by a member of the Na-
10 tional Guard under the jurisdiction of the adjutant general
11 shall, not later than 72 hours after receiving such notice—
12 ‘‘(1) report the allegation to the Chief of the
13 National Guard Bureau; and
14 ‘‘(2) ensure that the alleged victim is informed
15 of the availability of Special Victims’ Counsel in ac-
16 cordance with section 1044e of this title, as applica-
17 ble.
18 ‘‘(b) INITIAL REPORT.—
19 ‘‘(1) ELEMENTS.—Each report under sub-
20 section (a)(1) shall include the following:
21 ‘‘(A) A summary of the allegation.
22 ‘‘(B) Identification of—
23 ‘‘(i) the individual who is alleged to
24 have committed the offense;
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1 ‘‘(ii) the alleged victim of the offense;
2 and
3 ‘‘(iii) the individual or entity that is
4 investigating the allegation.
5 ‘‘(C) A statement indicating whether the
6 alleged victim has been informed of the avail-
7 ability of legal counsel in accordance with sub-
8 section (a)(2).
9 ‘‘(2) LATE REPORTS.—In the event that an ad-
10 jutant general submits a report required under sub-
11 section (a) after the expiration of the 72-hour period
12 specified in such subsection, the report shall in-
13 clude—
14 ‘‘(A) the information specified in para-
15 graph (1); and
16 ‘‘(B) an explanation of the reasons the re-
17 port was not timely submitted.
18 ‘‘(c) FINAL REPORT.—Not later than 30 days after
19 determining whether or not to take action against a mem-
20 ber of the National guard accused of a sex-related offense
21 or sexual harassment, the adjutant general shall submit
22 to the Chief of the National Guard Bureau a report that
23 includes—
24 ‘‘(1) the information described in subpara-
25 graphs (A) and (B) of subsection (b)(1);
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1 ‘‘(2) a description of any administrative, judi-
2 cial, or other action taken against the member; and
3 ‘‘(3) if no such action was taken, an expla-
4 nation of the reasons the adjutant general declined
5 to take such action.
6 ‘‘(d) APPLICABILITY.—The requirements of this sec-
7 tion shall apply with respect to an allegation of a sex-re-
8 lated offense or sexual harassment of which an adjutant
9 general receives notice after the date of the enactment of
10 this section without regard to—
11 ‘‘(1) the jurisdiction in which the offense oc-
12 curred; or
13 ‘‘(2) whether prosecution for the offense would
14 be time barred by a statute of limitations.
15 ‘‘(e) DEFINITIONS.—In this section:
16 ‘‘(1) The term ‘sex-related offense’ means an
17 alleged sex-related offense (as defined in section
18 1044e(h) of this title).
19 ‘‘(2) The term ‘sexual harassment’ means the
20 offense of sexual harassment as punishable under
21 section 934 of this title (article 134 of the Uniform
22 Code of Military Justice) pursuant to the regulations
23 prescribed by the Secretary of Defense for purposes
24 of such section (article).’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec-
2 tions at the beginning of such chapter is amended
3 by inserting after the item relating to section 1561b
4 the following new item:
‘‘1561c. Addressing sex-related offenses and sexual harassment involving mem-
bers of the National Guard.’’.
5 (b) EFFECTIVE DATE.—The amendments made by
6 subsection (a) shall take effect immediately after the effec-
7 tive date of the amendments made by part 1 of subtitle
8 D of title V of the National Defense Authorization Act
9 for Fiscal Year 2022 (Public Law 117–81) as provided
10 in section 539C of that Act.
11 (c) IMPLEMENTATION.—The Secretary of Defense
12 shall prescribe regulations implementing section 1561c of
13 title 10, United States Code, as added by subsection (a).
14 SEC. 537. PROHIBITION ON SHARING OF INFORMATION ON
15 DOMESTIC VIOLENCE INCIDENTS.
16 Section 1562 of title 10, United States Code, is
17 amended by adding at the end the following new sub-
18 section:
19 ‘‘(c) PROHIBITION ON SHARING OF CERTAIN INFOR-
20 MATION.—
21 ‘‘(1) IN GENERAL.—In a case in which the in-
22 formation maintained and reported by the Secretary
23 of a military department under subsection (b) in-
24 cludes the findings of an Incident Determination
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1 Committee, the Secretary may not share such find-
2 ings with any party other than the administrator of
3 the database under subsection (a).
4 ‘‘(2) WAIVER.—The Secretary of Defense may
5 waive the prohibition under paragraph (1) on a case-
6 by-case basis if the Secretary determines that it is
7 necessary to share the findings of an Incident Deter-
8 mination Committee with a member of the Armed
9 Forces or a civilian employee of the Department of
10 Defense acting within the scope of their official du-
11 ties.
12 ‘‘(3) INCIDENT DETERMINATION COMMITTEE
13 DEFINED.—In this subsection, the term ‘Incident
14 Determination Committee’ means a committee es-
15 tablished at a military installation that is responsible
16 for reviewing a reported incident of domestic vio-
17 lence and determining whether such incident con-
18 stitutes serious harm to the victim according to the
19 applicable criteria of the Department of Defense.’’.
20 SEC. 538. MANDATORY NOTIFICATION OF MEMBERS OF
21 THE ARMED FORCES IDENTIFIED IN CERTAIN
22 RECORDS OF CRIMINAL INVESTIGATIONS.
23 (a) IN GENERAL.—Chapter 80 of title 10, United
24 States Code, is amended by adding at the end the fol-
25 lowing new section:
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1 ‘‘§ 1567b. Mandatory notification of members of the
2 armed forces and reserve components
3 identified in certain records of criminal
4 investigations
5 ‘‘(a) NOTIFICATION OF INCLUSION IN MCIO
6 RECORDS.—As soon as practicable after the conclusion of
7 a criminal investigation for which a military criminal in-
8 vestigative organization is the lead investigative agency,
9 the head of such organization shall provide, to any mem-
10 ber or a former member of the armed forces and reserve
11 components who is designated in the records of the organi-
12 zation as a subject of such investigation, written notice
13 of such designation.
14 ‘‘(b) INITIAL NOTIFICATION OF PREVIOUS INCLU-
15 SION IN MCIO RECORDS.—Not later than 180 days after
16 the date of the enactment of this section, the head of each
17 military criminal investigative organization shall provide,
18 to any member or former member of the armed forces and
19 reserve components who is designated after January 1,
20 2011 in the records of the organization as a subject of
21 a criminal investigation that is closed as of such date,
22 written notice of such designation.
23 ‘‘(c) CONTENTS OF NOTICE.—Each notice provided
24 under subsection (a) and (b) shall include the following
25 information—
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1 ‘‘(1) The date on which the member was des-
2 ignated as a subject of a criminal investigation in
3 the records of the military criminal investigative or-
4 ganization.
5 ‘‘(2) Identification of each crime for which the
6 member was investigated, including a citation to
7 each provision of chapter 47 of this title (the Uni-
8 form Code of Military Justice) that the member was
9 suspected of violating, if applicable.
10 ‘‘(3) Instructions on how the member may seek
11 removal of the record in accordance with subsection
12 (d).
13 ‘‘(d) REMOVAL OF RECORD.—The Secretary of De-
14 fense shall—
15 ‘‘(1) establish a process through which a mem-
16 ber of the armed forces and reserve components who
17 receives a notice under subsection (a) or (b) may re-
18 quest the removal of the record that is the subject
19 of such notice; and
20 ‘‘(2) issue uniform guidance, applicable to all
21 military criminal investigative organizations, speci-
22 fying the conditions under which such a record may
23 be removed.
24 ‘‘(f) ON-GOING AND SENSITIVE INVESTIGATIONS.—
25 The head of a military criminal investigative organization
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1 may waive the notification requirements of this section if
2 such head determines that a notification made pursuant
3 to this section would—
4 ‘‘(1) endanger any witness or victim of the of-
5 fense under investigation;
6 ‘‘(2) disclose the existence of an intelligence or
7 counterintelligence investigation; or
8 ‘‘(3) compromise or reveal any other on-going
9 criminal investigation.
10 ‘‘(e) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA-
11 TION DEFINED.—In this section, the term ‘military crimi-
12 nal investigative organization’ means any organization or
13 element of the Department of Defense or an armed force
14 that is responsible for conducting criminal investigations,
15 including—
16 ‘‘(1) the Army Criminal Investigation Com-
17 mand;
18 ‘‘(2) the Naval Criminal Investigative Service;
19 ‘‘(3) the Air Force Office of Special Investiga-
20 tions;
21 ‘‘(4) the Coast Guard Investigative Service; and
22 ‘‘(5) the Defense Criminal Investigative Serv-
23 ice.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections
2 at the beginning of such chapter is amended by adding
3 at the end the following new item:
‘‘1567b. Mandatory notification of members of the armed forces and reserve
components identified in certain records of criminal investiga-
tions.’’.
4 SEC. 539. SENTENCING PARAMETERS UNDER THE UNIFORM
5 CODE OF MILITARY JUSTICE FOR HATE
6 CRIMES.
7 Section 539E(e)(2)(A)(ii) of the National Defense
8 Authorization Act for Fiscal Year 2022 (Public Law 117–
9 81; 10 U.S.C. 856 note) is amended by inserting ‘‘(includ-
10 ing whether the offense is described in section 249 of title
11 18)’’ after ‘‘district court’’.
12 SEC. 539A. LIMITATION ON AVAILABILITY OF FUNDS FOR
13 RELOCATION OF ARMY CID SPECIAL AGENT
14 TRAINING COURSE.
15 (a) LIMITATION.—None of the funds authorized to
16 be appropriated by this Act or otherwise made available
17 for fiscal year 2023 for the Army may be obligated or ex-
18 pended to relocate an Army CID special agent training
19 course until—
20 (1)(A) the Secretary of the Army submits to
21 the Committees on Armed Services of the Senate
22 and the House of Representatives—
23 (i) the evaluation and plan required by
24 subsection (a) of section 549C of the National
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1 Defense Authorization Act for Fiscal Year 2022
2 (Public Law 117–81; 135 Stat. 1724);
3 (ii) the implementation plan required by
4 subsection (b) of such section; and
5 (iii) a separate report on any plans of the
6 Secretary to relocate an Army CID special
7 agent training course, including an explanation
8 of the business case for any transfer of training
9 personnel proposed as part of such plan;
10 (B) the Secretary provides to the Committee on
11 Armed Services of the House of Representatives a
12 briefing on the contents of each report specified in
13 subparagraph (A); and
14 (C) a period of 90 days has elapsed following
15 the briefing under subparagraph (B); and
16 (2) the Secretary submits a written certification
17 to the Committees on Armed Services of the Senate
18 and the House of Representatives indicating that the
19 Army has fully complied with subsection (c) of sec-
20 tion 549C of the National Defense Authorization
21 Act for Fiscal Year 2022 (Public Law 117–81; 135
22 Stat. 1724) with regard to locations at which mili-
23 tary criminal investigative training is conducted.
24 (b) DEFINITIONS.—In this section:
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1 (1) The term ‘‘relocate’’, when used with re-
2 spect to an Army CID special agent training course,
3 means the transfer of such course to a location dif-
4 ferent than the location used for such course as of
5 the date of the enactment of this Act.
6 (2) The term ‘‘Army CID special agent training
7 course’’ means a training course provided to mem-
8 bers of the Army to prepare such members for serv-
9 ice as special agents in the Army Criminal Investiga-
10 tion Division.
11 SEC. 539B. RECOMMENDATIONS FOR SENTENCING OF
12 MARIJUANA-BASED OFFENSES UNDER THE
13 UNIFORM CODE OF MILITARY JUSTICE.
14 (a) RECOMMENDATIONS.—The Military Justice Re-
15 view Panel shall develop recommendations specifying ap-
16 propriate sentencing ranges for offenses involving the use
17 and possession of marijuana under chapter 47 of title 10,
18 United States Code (the Uniform Code of Military Jus-
19 tice). In developing such recommendations, the Military
20 Justice Review Panel shall consider—
21 (1) how the sentences typically imposed for
22 marijuana-based offenses under such chapter com-
23 pare to the sentences typically imposed for other
24 comparable offenses, such as offenses involving the
25 misuse of alcohol;
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1 (2) the overall burden on the military justice
2 system of the current approach of the Department
3 of Defense to sentencing marijuana-based offenses
4 under such chapter; and
5 (3) the historically discriminatory manner in
6 which laws related to marijuana offenses have been
7 enforced, the potential for the continued discrimina-
8 tory application of the law (whether intentional or
9 unintentional), and recommendations for actions
10 that can be taken to minimize the risk of such dis-
11 crimination.
12 (b) REPORT.—Not later than 180 days after the date
13 of the enactment of this Act, the Military Justice Review
14 Panel shall submit to the Committees on Armed Services
15 of the Senate and the House of Representatives a report
16 that includes the recommendations developed under sub-
17 section (a).
18 SEC. 539C. REPORT ON SHARING INFORMATION WITH
19 COUNSEL FOR VICTIMS OF OFFENSES UNDER
20 THE UNIFORM CODE OF MILITARY JUSTICE.
21 (a) REPORT REQUIRED.—Not later than one year
22 after the date of the enactment of this Act, the Defense
23 Advisory Committee on Investigation, Prosecution, and
24 Defense of Sexual Assault in the Armed Forces (referred
25 to in this section as the ‘‘Advisory Committee’’) shall sub-
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1 mit to the appropriate congressional committees and each
2 Secretary concerned a report on the feasibility and advis-
3 ability of establishing a uniform policy for the sharing of
4 the information described in subsection (c) with a Special
5 Victims’ Counsel, Victims’ Legal Counsel, or other counsel
6 representing a victim of an offense under chapter 47 of
7 title 10, United States Code (the Uniform Code of Military
8 Justice).
9 (b) ELEMENTS.—The report under subsection (a)
10 shall include the following:
11 (1) An assessment of the feasibility and advis-
12 ability of establishing the uniform policy described in
13 subsection (a), including an assessment of the poten-
14 tial effects of such a policy on—
15 (A) the privacy of individuals;
16 (B) the criminal investigative process; and
17 (C) the military justice system generally.
18 (2) If the Advisory Committee determines that
19 the establishment of such a policy is feasible and ad-
20 visable, a description of—
21 (A) the stages of the military justice proc-
22 ess at which the information described in sub-
23 section (c) should be made available to counsel
24 representing a victim; and
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1 (B) any circumstances under which some
2 or all of such information should not be shared.
3 (3) Such recommendations for legislative or ad-
4 ministrative action as the Advisory Committee con-
5 siders appropriate.
6 (c) INFORMATION DESCRIBED.—The information de-
7 scribed in this subsection is the following:
8 (1) Any recorded statements of the victim to in-
9 vestigators.
10 (2) The record of any forensic examination of
11 the person or property of the victim, including the
12 record of any sexual assault forensic exam of the vic-
13 tim that is in possession of investigators or the Gov-
14 ernment.
15 (3) Any medical record of the victim that is in
16 the possession of investigators or the Government.
17 (d) DEFINITIONS.—In this section—
18 (1) The term ‘‘appropriate congressional com-
19 mittees’’ means—
20 (A) the congressional defense committees;
21 (B) the Committee on Commerce, Science,
22 and Transportation of the Senate; and
23 (C) the Committee on Transportation and
24 Infrastructure of the House of Representatives.
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1 (2) The term ‘‘Secretary concerned’’ has the
2 meaning given that term in section 101(a)(9) of title
3 10, United States Code.
4 SEC. 539D. PUBLIC AVAILABILITY OF MILITARY COMMIS-
5 SION PROCEEDINGS.
6 Section 949d(c) of title 10, United States Code, is
7 amended by adding at the end the following new para-
8 graph:
9 ‘‘(4) In the case of any proceeding of a military com-
10 mission under this chapter that is made open to the public,
11 the military judge may order arrangements for the avail-
12 ability of the proceeding to be watched remotely by the
13 public through the internet.’’.
14 SEC. 539E. REVIEW AND REPORT ON THE DEFINITION OF
15 CONSENT FOR PURPOSES OF THE OFFENSES
16 OF RAPE AND SEXUAL ASSAULT UNDER THE
17 UNIFORM CODE OF MILITARY JUSTICE.
18 (a) EVALUATION AND REVIEW.—Not later than 30
19 days after the date of the enactment of this Act, the Joint
20 Service Committee on Military Justice shall commission
21 a comprehensive evaluation and review of the definition
22 of consent, as set forth in section 920(g)(7) of title 10,
23 United States Code (article 120(g)(7) of the Uniform
24 Code of Military Justice).
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1 (b) ELEMENTS.—The review and evaluation con-
2 ducted under subsection (a) shall assess how the definition
3 of consent set forth in section 920(g)(7) of title 10, United
4 States Code (article 120(g)(7) of the Uniform Code of
5 Military Justice) can be—
6 (1) expanded to require knowledgeable and in-
7 formed agreement, freely entered into, without any
8 malicious factors or influences such as force, coer-
9 cion, fear, fraud or false identity, or exploitation of
10 a person’s incapacity;
11 (2) enhanced through consultation with other
12 recognized standards for the definition of such term;
13 and
14 (3) clarified to state clearly that—
15 (A) the circumstances surrounding an inci-
16 dent of sexual contact are irrelevant when mali-
17 cious factors induced compliance;
18 (B) consent for a sexual act does not con-
19 stitute consent for all sexual acts; and
20 (C) consent is revocable by either party
21 during sexual conduct.
22 (c) REPORT.—Not later than 180 days after the com-
23 mencement of the evaluation and review under subsection
24 (a), the Joint Service Committee on Military Justice shall
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1 submit to the congressional defense committees a report
2 on the results of the evaluation and review.
3 SEC. 539F. STANDARDS AND REPORTS RELATING TO CASES
4 OVERSEEN BY MILITARY CRIMINAL INVES-
5 TIGATIVE ORGANIZATIONS.
6 (a) STANDARDS REQUIRED.—
7 (1) IN GENERAL.—The Secretary of Defense, in
8 consultation with the Secretaries of the military de-
9 partments, shall develop and implement uniform
10 standards applicable to the military criminal inves-
11 tigative organizations of the Department of Defense
12 that—
13 (A) establish processes and procedures for
14 the handling of cold cases;
15 (B) specify the circumstances under which
16 a case overseen by such an organization shall be
17 referred to the Inspector General of the Depart-
18 ment of Defense for review; and
19 (C) establish procedures to ensure that, in
20 the event an investigator transfers out of such
21 an organization or otherwise ceases to be an in-
22 vestigator, the cases overseen by such investi-
23 gator are transferred to a new investigator
24 within the organization.
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1 (2) REPORT.—Not later than 90 days after the
2 date of the enactment of this Act the Secretary of
3 Defense shall submit to Congress a report on the
4 standards developed under paragraph (1).
5 (3) IMPLEMENTATION.—Following the sub-
6 mittal of the report under paragraph (2), but not
7 later than 120 days after the date of the enactment
8 of this Act, the Secretary of Defense shall implement
9 the standards developed under paragraph (1).
10 (b) REPORT ESTABLISHMENT OF COLD CASE UNIT
11 IN THE ARMY.—Not later than 120 days after the date
12 of the enactment of this Act, the Secretary of the Army
13 shall submit to Congress a report on the feasibility of es-
14 tablishing a cold case unit in the Army Criminal Investiga-
15 tion Division that is similar to the cold case units oper-
16 ating within the Naval Criminal Investigative Service and
17 the Air Force Office of Special Investigations.
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1 Subtitle E—Other Legal Matters
2 SEC. 541. CLARIFICATIONS OF PROCEDURE IN INVESTIGA-
3 TIONS OF PERSONNEL ACTIONS TAKEN
4 AGAINST MEMBERS OF THE ARMED FORCES
5 IN RETALIATION FOR PROTECTED COMMU-
6 NICATIONS.
7 (a) IN GENERAL.—Subparagraphs (D) and (E) of
8 paragraph (4) of section 1034(c) of title 10, United States
9 Code, is amended to read as follows:
10 ‘‘(D)(i) Upon determining that an investigation of an
11 allegation under paragraph (1) is warranted, the Inspector
12 General making the determination shall expeditiously in-
13 vestigate the allegation to determine whether the protected
14 communication or activity under subsection (b) was a con-
15 tributing factor in the personnel action prohibited under
16 subsection (b) that was taken or withheld (or threatened
17 to be taken or withheld) against a member of the armed
18 forces.
19 ‘‘(ii) In the case of a determination made by the In-
20 spector General of the Department of Defense, that In-
21 spector General may delegate responsibility for the inves-
22 tigation to an appropriate Inspector General of a military
23 department.
24 ‘‘(iii) The member alleging the prohibited personnel
25 action may use circumstantial evidence to demonstrate
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1 that the protected communication or activity under sub-
2 section (b) was a contributing factor in the personnel ac-
3 tion prohibited under subsection (b). Such circumstantial
4 evidence may include that the person taking such prohib-
5 ited personnel action knew of the protected communication
6 or activity, and that the prohibited personnel action oc-
7 curred within a period of time such that a reasonable per-
8 son could conclude that the communication or protected
9 activity was a contributing factor in the personnel action.
10 ‘‘(iv) If the Inspector General determines it likelier
11 than not that the member made a communication or par-
12 ticipated in an activity protected under subsection (b) that
13 was a contributing factor in a personnel action described
14 in such subsection, the Inspector General shall presume
15 such personnel action to be prohibited under such sub-
16 section unless the Inspector General determines there is
17 clear and convincing evidence that the same personnel ac-
18 tion would have occurred in the absence of such protected
19 communication or activity.
20 ‘‘(E) If the Inspector General preliminarily deter-
21 mines in an investigation under subparagraph (D) that a
22 personnel action prohibited under subsection (b) has oc-
23 curred and that such personnel action shall result in an
24 immediate hardship to the member alleging the personnel
25 action, the Inspector General shall promptly notify the
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1 Secretary of the military department concerned or the Sec-
2 retary of Homeland Security, as applicable, of the hard-
3 ship, and such Secretary shall take such action as such
4 Secretary determines appropriate.’’.
5 (b) TECHNICAL AMENDMENTS.—Such paragraph is
6 further amended in subparagraphs (A) and (B) by striking
7 ‘‘subsection (h)’’ both places it appears and inserting
8 ‘‘subsection (i)’’.
9 SEC. 542. PRIMARY PREVENTION OF VIOLENCE.
10 (a) ANNUAL PRIMARY PREVENTION RESEARCH
11 AGENDA.—Section 549A(c) of the National Defense Au-
12 thorization Act for Fiscal Year 2022 (Public Law 117–
13 81l 10 U.S.C. 1561 note) is amended—
14 (1) by redesignating paragraphs (2), (3), and
15 (4) as paragraphs (5), (6), and (7), respectively;
16 (2) by inserting after paragraph (1) the fol-
17 lowing new paragraphs:
18 ‘‘(2) include a focus on whether and to what ex-
19 tent sub-populations of the military community may
20 be targeted for sexual assault, sexual harassment, or
21 domestic violence more than others;
22 ‘‘(3) seek to identify factors that influence the
23 prevention, perpetration, and victimization of sexual
24 assault, sexual harassment, and domestic violence;
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1 ‘‘(4) seek to improve the collection and dissemi-
2 nation of data on hazing and bullying related to sex-
3 ual assault, sexual harassment, and domestic vio-
4 lence;’’; and
5 (3) in paragraph (6), as redesignated by para-
6 graph (1) of this section, by amending the text to
7 read as follows:
8 ‘‘(6) incorporate collaboration with other Fed-
9 eral departments and agencies, including the De-
10 partment of Health and Human Services and the
11 Centers for Disease Control and Prevention, State
12 governments, academia, industry, federally funded
13 research and development centers, nonprofit organi-
14 zations, and other organizations outside of the De-
15 partment of Defense, including civilian institutions
16 that conduct similar data-driven studies, collection,
17 and analysis; and’’.
18 (b) PRIMARY PREVENTION WORKFORCE.—Section
19 549B of the National Defense Authorization Act for Fis-
20 cal Year 2022 (Public Law 117–81; 10 U.S.C. 501 note)
21 is amended—
22 (1) in subsection (c), by adding at the end the
23 following new paragraph:
24 ‘‘(3) COMPTROLLER GENERAL REPORT.—Not
25 later than one year after the date of the enactment
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1 of the National Defense Authorization Act for Fiscal
2 Year 2023, the Comptroller General of the United
3 States shall submit to the appropriate congressional
4 committees a report comparing the sexual harass-
5 ment and prevention training of the Department of
6 Defense with similar programs at other Federal de-
7 partments and agencies and including data collected
8 by colleges and universities and other relevant out-
9 side entities.’’; and
10 (2) by adding at the end the following new sub-
11 sections:
12 ‘‘(e) INCORPORATION OF RESEARCH AND FIND-
13 INGS.—The Primary Prevention Workforce established
14 under subsection (a) shall, on a regular basis, incorporate
15 findings and conclusions from the primary prevention re-
16 search agenda established under section 549A, as appro-
17 priate, into the work of the workforce.
18 ‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES
19 DEFINED.—In this section, the term ‘appropriate congres-
20 sional committees’ means the following:
21 ‘‘(1) The Committees on Armed Services of the
22 Senate and House of Representatives.
23 ‘‘(2) The Committees on Appropriations of the
24 Senate and House of Representatives.
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1 ‘‘(3) The Committee on Committee on Home-
2 land Security and Governmental Affairs of the Sen-
3 ate.
4 ‘‘(4) The Committee on Oversight and Reform
5 of the House of Representatives.’’.
6 SEC. 543. TREATMENT OF CERTAIN COMPLAINTS FROM
7 MEMBERS OF THE ARMED FORCES.
8 (a) REGULATIONS REQUIRED.—Not later than 180
9 days after the date of the enactment of this Act, each Sec-
10 retary of a military department shall issue regulations im-
11 plementing subsections (b) and (c).
12 (b) MANDATORY IG INVESTIGATION OF CERTAIN
13 COMPLAINTS.—
14 (1) INSPECTOR GENERAL INVESTIGATION.—A
15 complaint described in paragraph (2) from a mem-
16 ber an Armed Force under the jurisdiction of the
17 Secretary of a military department—
18 (A) may be investigated only by the In-
19 spector General of the Armed Force or military
20 department concerned; and
21 (B) may not be referred to an individual in
22 the chain of command of the complainant for
23 investigation.
24 (2) COMPLAINT DESCRIBED.—A complaint de-
25 scribed in this paragraph—
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1 (A) is a complaint alleging that there was
2 a violation of a Department of Defense policy
3 relating to the investigation, processing, or
4 other administrative treatment of a report sex-
5 ual assault, sexual harassment, or domestic vio-
6 lence; and
7 (B) does not include a complaint alleging
8 an actual act of sexual harassment, sexual as-
9 sault, or domestic violence.
10 (c) OPPORTUNITY TO WITHDRAW COMPLAINTS BE-
11 FORE REFERRAL TO CHAIN OF COMMAND.—
12 (1) NOTICE AN OPPORTUNITY TO WITHDRAW.—
13 An Inspector General of an Armed Force or military
14 department who is in receipt of a complaint that is
15 eligible for referral to the chain of command of the
16 complainant may refer such complaint to the chain
17 of command only if the Inspector General—
18 (A) notifies the complainant of the intent
19 of the Inspector General to make such referral;
20 and
21 (B) provides the complainant with the op-
22 portunity to withdraw the complaint during the
23 period of 10 days following the issuance of such
24 notice.
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1 (2) EFFECT OF WITHDRAWAL.—If a complain-
2 ant withdraws a complaint pursuant to paragraph
3 (1)(B), the Inspector General may not refer the
4 complaint to an individual in the complainant’s
5 chain of command and there shall be no further in-
6 vestigation of the complaint.
7 SEC. 544. PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR
8 VICTIMS OF DOMESTIC VIOLENCE.
9 (a) IN GENERAL.—Beginning not later than one year
10 after the date of the enactment of this Act, the Secretary
11 of Defense shall carry out a pilot program under which
12 the Secretary makes grants, on a discretionary basis, to
13 qualified victims of domestic violence to assist such victims
14 in seeking refuge from an abuser.
15 (b) DISBURSEMENT.—A grant under subsection (a)
16 may be disbursed—
17 (1) as a single, lump sum payment; or
18 (2) in multiple payments at such times and in
19 such amounts as the Secretary determines appro-
20 priate.
21 (c) MAXIMUM AMOUNT.—A qualified victim of do-
22 mestic violence may receive not more than a total of
23 $7,500 in grants under subsection (a) during the victim’s
24 lifetime.
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1 (d) REPORT.—Not later than one year prior to the
2 termination date specified in subsection (e), the Secretary
3 of Defense shall submit to the Committees on Armed Serv-
4 ices of the Senate and the House of Representatives a re-
5 port that—
6 (1) evaluates the effectiveness of the pilot pro-
7 gram under this section;
8 (2) indicates whether the pilot program should
9 be continued or expanded;
10 (3) takes into account voluntary feedback from
11 program recipients and relevant Department staff,
12 including direct testimonials about their experiences
13 with the program and ways in which they think it
14 could be improved; and
15 (4) examines other potential actions that arise
16 during the course of the program that the Depart-
17 ment could take to further protect the safety of pro-
18 gram participants and eligible individuals, as the
19 Secretary determines appropriate.
20 (e) TERMINATION.—The authority to carry out the
21 pilot program under this section shall terminate six years
22 after the date of the enactment of this Act.
23 (f) REGULATIONS.—The Secretary of Defense shall
24 prescribe regulations implementing this section.
25 (g) DEFINITIONS.—In this section:
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1 (1) The term ‘‘domestic violence’’ means an act
2 described in section 928b of title 10, United States
3 Code (article 128b of the Uniform Code of Military
4 Justice).
5 (2) The term ‘‘qualified victim of domestic vio-
6 lence’’ means an individual who meets the following
7 criteria:
8 (A) The individual is a member of an
9 Armed Force or a spouse, intimate partner, or
10 immediate family member of a member of an
11 Armed Force.
12 (B) The individual reported an incident of
13 domestic violence to an organization or element
14 of the Department of Defense or to a civilian
15 law enforcement organization.
16 (C) The individual or a dependent of that
17 individual was an alleged victim of such inci-
18 dent.
19 (D) The individual demonstrates—
20 (i) an intent to seek refuge from the
21 alleged abuser; and
22 (ii) a need for financial assistance.
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1 SEC. 545. AGREEMENTS WITH CIVILIAN VICTIM SERVICE
2 AGENCIES.
3 (a) GUIDANCE REQUIRED.—The Secretary of De-
4 fense, in consultation with the Secretaries of the military
5 departments and the Secretary of the department in which
6 the Coast Guard is operating (with respect to the Coast
7 Guard), shall issue guidance pursuant to which installa-
8 tion commanders may enter into memoranda of under-
9 standing with qualified victim service agencies for pur-
10 poses of providing services to victims of sexual assault in
11 accordance with subsection (b).
12 (b) CONTENTS OF AGREEMENT.—A memorandum of
13 understanding entered into under subsection (a) shall pro-
14 vide that personnel of the sexual assault prevention and
15 response program at a military installation may refer a
16 victim of sexual assault to a qualified civilian victim serv-
17 ice agency if such personnel determine that such a referral
18 would benefit the victim.
19 (c) VICTIM SERVICE AGENCY DEFINED.—In this sec-
20 tion, the term ‘‘victim service agency’’ means an agency
21 which may provide legal services, counseling, or safe hous-
22 ing.
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1 SEC. 546. ACTIVITIES TO IMPROVE INFORMATION SHARING
2 AND COLLABORATION ON MATTERS RELAT-
3 ING TO THE PREVENTION OF AND RESPONSE
4 TO DOMESTIC ABUSE AND CHILD ABUSE AND
5 NEGLECT AMONG MILITARY FAMILIES.
6 (a) ENHANCEMENT OF ACTIVITIES FOR AWARENESS
7 OF MILITARY FAMILIES REGARDING FAMILY ADVOCACY
8 PROGRAMS AND OTHER SIMILAR SERVICES.—
9 (1) PILOT PROGRAM ON INFORMATION ON FAPS
10 FOR FAMILIES.—The Secretary of Defense shall
11 carry out a pilot program to assess the feasibility
12 and advisability of various mechanisms to inform
13 families about the Family Advocacy Programs and
14 resiliency training of the covered Armed Forces dur-
15 ing command orientation and during enrollment in
16 the Defense Enrollment Eligibility Reporting Sys-
17 tem. The matters assessed by the pilot program
18 shall include the following:
19 (A) An option for training of family mem-
20 bers on the Family Advocacy Programs.
21 (B) The provision to families of informa-
22 tion on the resources available through the
23 Family Advocacy Programs.
24 (C) The availability through the Family
25 Advocacy Programs of both restricting and un-
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1 restricted reporting on incidents of domestic
2 abuse.
3 (D) The provision to families of informa-
4 tion on the Military OneSource program of the
5 Department of Defense.
6 (E) The provision to families of informa-
7 tion on resources relating to domestic abuse
8 and child abuse and neglect that are available
9 through local community service organizations.
10 (F) The availability of the Military and
11 Family Life Counseling Program.
12 (2) OUTREACH ON FAP AND SIMILAR SERVICES
13 FOR MILITARY FAMILIES.—Each Secretary of a mili-
14 tary department shall improve the information avail-
15 able to military families under the jurisdiction of
16 such Secretary that are the victim of domestic abuse
17 or child abuse and neglect in order to provide such
18 families with comprehensive information on the serv-
19 ices available to such families in connection with
20 such violence and abuse and neglect. The informa-
21 tion so provided shall include a complete guide to
22 the following:
23 (A) The Family Advocacy Program of the
24 covered Armed Force or military department
25 concerned.
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1 (B) Military law enforcement services, in-
2 cluding the process following a report of an in-
3 cidence of domestic abuse or child abuse or ne-
4 glect.
5 (C) Other applicable victim services.
6 (b) IMPROVEMENT OF COLLABORATION IN DOMESTIC
7 ABUSE PREVENTION SERVICES.—
8 (1) IN GENERAL.—Not later than 180 days
9 after the date of the enactment of this Act, Depart-
10 ment of Defense Instruction 6400.01, relating to the
11 Family Advocacy Program of the Department of De-
12 fense, shall be modified to enhance collaboration
13 among the programs and entities specified in para-
14 graph (2) for the purpose of leveraging the expertise
15 and resources of such programs and components to
16 order to improve the availability and scope of domes-
17 tic abuse prevention services for military families.
18 (2) PROGRAMS AND ENTITIES.—The programs
19 and entities specified in this paragraph are the fol-
20 lowing:
21 (A) The Family Advocacy Program of the
22 Department of Defense.
23 (B) The Sexual Assault Prevention and
24 Response Office of the Department of Defense.
25 (C) The Defense Suicide Prevention Office.
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1 (D) The Defense Equal Opportunity Man-
2 agement Institute.
3 (E) The Defense Health Agency.
4 (F) The substance abuse prevention pro-
5 grams and entities of the covered Armed
6 Forces.
7 (G) Relevant programs and entities of the
8 Department of Veterans Affairs.
9 (H) Civilian organizations with missions
10 relevant to domestic abuse prevention, including
11 community health and social services organiza-
12 tions.
13 (I) Such other programs and entities as
14 the Secretary of Defense considers appropriate.
15 (c) COVERED ARMED FORCE DEFINED.—In this sec-
16 tion, the term ‘‘covered Armed Force’’ means the fol-
17 lowing:
18 (1) The Army.
19 (2) The Navy.
20 (3) The Marine Corps.
21 (4) The Air Force.
22 (5) The Space Force.
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1 SEC. 547. INSPECTOR GENERAL INVESTIGATION INTO DIS-
2 CRIMINATION AGAINST MEMBERS AND EM-
3 PLOYEES OF MIDDLE EASTERN AND NORTH
4 AFRICAN DESCENT.
5 (a) INVESTIGATION.—The Assistant Inspector Gen-
6 eral for Diversity and Inclusion of the Department of De-
7 fense shall conduct an investigation into discrimination
8 faced by members of the Armed Forces, and civilian em-
9 ployees of the Department, who are of Middle Eastern or
10 North African descent.
11 (b) REPORT.—Not later than one year after the date
12 of the enactment of this Act, Assistant Inspector General
13 shall submit to the Committees on Armed Services of the
14 House of Representatives and Senate a report containing
15 the results of such investigation.
16 SEC. 548. TIME LIMIT FOR PROCESSING CERTAIN ADMINIS-
17 TRATIVE COMPLAINTS.
18 (a) IN GENERAL.—Chapter 80 of title 10, United
19 States Code, is amended by inserting after section 1561b
20 the following new section:
21 ‘‘§ 1561c. Processing a harassment or military equal
22 opportunity complaint
23 ‘‘(a) TIME LIMIT.—An official authorized to take
24 final action on a complaint from a member of the armed
25 forces of harassment or prohibited discrimination shall en-
26 sure the procedures and requirements for the complaint
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1 are completed within 180 days after the date on which
2 any supervisor or designated office received the complaint.
3 ‘‘(b) JUDICIAL REVIEW.—
4 ‘‘(1) Pursuant to section 706(1) of title 5,
5 United States Code, a member of the armed forces
6 may seek an order in a court of the United States
7 directing the Secretary concerned to take final ac-
8 tion or provide a written explanation no later than
9 30 days after the court enters its order, if an au-
10 thorized official does not—
11 ‘‘(A) take final action on a complaint
12 under subsection (a) within 180 days; or
13 ‘‘(B) provide the member a written expla-
14 nation of the final action taken on a complaint
15 under subsection (a).
16 ‘‘(2) Pursuant to section 706(2) of title 5,
17 United States Code, and no later than 30 days after
18 a member of the armed forces receives a written ex-
19 planation of the final action taken on a complaint
20 under subsection (a), the member may seek review
21 of the action in a court of the United States.
22 ‘‘(c) REPORT.—Not later than April 1 each year, the
23 Secretary concerned shall submit to the appropriate con-
24 gressional committees a report of the total number of
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1 court orders sought under subsection (b) and orders
2 granted by such courts.
3 ‘‘(d) DEFINITIONS.—In this section:
4 ‘‘(1) The term ‘appropriate congressional com-
5 mittees’ means the following:
6 ‘‘(A) The Committee on Armed Services of
7 the House of Representatives.
8 ‘‘(B) The Committee on Armed Services of
9 the Senate.
10 ‘‘(C) The Committee on Transportation
11 and Infrastructure of the House of Representa-
12 tives.
13 ‘‘(D) The Committee on Commerce,
14 Science, and Transportation of the Senate.
15 ‘‘(2) The term ‘complaint’ means an allegation
16 or report of harassment or prohibited discrimination.
17 ‘‘(3) The term ‘designated office’ means a mili-
18 tary equal opportunity office or an office of the in-
19 spector general or staff judge advocate, and any
20 other departmental office authorized by the Sec-
21 retary concerned to receive harassment and prohib-
22 ited discrimination complaints.
23 ‘‘(4) The term ‘harassment’ means behavior
24 that is unwelcome or offensive to a reasonable per-
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1 son, whether oral, written, or physical, that creates
2 an intimidating, hostile, or offensive environment.
3 ‘‘(5) The term ‘prohibited discrimination’
4 means unlawful discrimination, including disparate
5 treatment, of an individual or group on the basis of
6 race, color, national origin, religion, sex (including
7 pregnancy), gender identity, or sexual orientation.
8 ‘‘(6) The term ‘member of the armed forces’
9 means a member of an armed force serving on active
10 duty.
11 ‘‘(7) The term ‘supervisor’ means a member of
12 the armed forces in charge or command of other
13 members of the armed forces or a civilian employee
14 (as defined in section 2105 of title 5, United States
15 Code) authorized to direct and control service mem-
16 bers.’’.
17 (b) CLERICAL AMENDMENT.—The table of sections
18 at the beginning of such chapter is amended by inserting
19 after the item relating to section 1561b the following new
20 item:
‘‘1561c. Processing a harassment or military equal opportunity complaint.’’.
21 SEC. 549. REVIEW AND REPORT ON ADMINISTRATION OF
22 SEXUAL HARASSMENT CLAIMS.
23 (a) REVIEW.—The Secretary of Defense shall review
24 the practices of the Department of Defense pertaining to
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1 the administration of sexual harassment claims. As part
2 of the review, the Secretary shall—
3 (1) assess the efforts of the Department to pre-
4 vent sexual harassment and protect members of the
5 Armed Forces who submit sexual harassment claims;
6 and
7 (2) compile data and research on the prevalence
8 of sexual harassment in the military, including—
9 (A) the number of sexual harassment inci-
10 dents reported;
11 (B) the number and percentage of such re-
12 ports that resulted in the initiation of legal pro-
13 ceedings against the alleged perpetrator; and
14 (C) the number and percentage of such
15 cases leading to convictions or other adverse ac-
16 tion against the alleged perpetrator.
17 (b) REPORT.—Not later than 180 days after the date
18 of the enactment of this Act, the Secretary of Defense
19 shall submit to the congressional defense committees a re-
20 port on the results of the review conducted under sub-
21 section (a).
•HR 7900 EH
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1 SEC. 549A. INTERAGENCY TASK FORCE TO PROTECT MEM-
2 BERS, VETERANS, AND MILITARY FAMILIES
3 FROM FINANCIAL FRAUD.
4 (a) ESTABLISHMENT.—Not later than 90 days after
5 the date of the enactment of this Act, the Secretary of
6 Defense, in consultation with the Secretary of Veterans
7 Affairs, shall establish an Interagency Task Force on Fi-
8 nancial Fraud targeting members of the Armed Forces
9 and veterans (referred to in this section as the ‘‘Task
10 Force’’).
11 (b) MEMBERSHIP.—The Task Force established
12 under this section shall include representatives from the
13 following:
14 (1) The Department of Defense.
15 (2) The Department of Veterans Affairs,
16 (3) The Federal Trade Commission.
17 (4) The Consumer Financial Protection Bu-
18 reau.
19 (5) The Department of Justice.
20 (6) The Federal Communications Commission.
21 (7) The Postal Inspection Service.
22 (8) Three representatives, appointed by the Sec-
23 retary of Defense in consultation with the Secretary
24 of the Department of Veterans Affairs, of non-gov-
25 ernmental organizations (at least one of whom is a
26 representative of a veterans’ service organization)
•HR 7900 EH
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1 with expertise in identifying, preventing, and com-
2 batting financial fraud targeting members of the
3 Armed Forces, veterans, and military families.
4 (c) CONSULTATION.—The Task Force shall regularly
5 consult with the following:
6 (1) Members of the Armed Forces, veterans,
7 and members of military families that have been vic-
8 tims of financial fraud.
9 (2) Relevant Federal agencies and departments
10 that are not represented on the Task Force.
11 (3) Other relevant public and private sector
12 stakeholders, including State and local law enforce-
13 ment agencies, financial services providers, tech-
14 nology companies, and social media platforms.
15 (d) MEETINGS.—The Task Force shall not meet less
16 frequently than three times per calendar year.
17 (e) PURPOSE.—The purpose of the Task Force is to
18 identify and examine current and developing methods of
19 financial fraud targeting members of the Armed Forces,
20 veterans, and military families and issue recommendations
21 to enhance efforts undertaken by Federal agencies to iden-
22 tify, prevent, and combat such financial fraud.
23 (f) DUTIES.—The duties of the Task Force shall in-
24 clude the following:
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1 (1) Collecting and reviewing robust data per-
2 taining to medical billing, credit reporting, debt col-
3 lection, and other serious financial challenges facing
4 members of the Armed Forces, veterans, and mili-
5 tary families.
6 (2) Identifying and reviewing current methods
7 of financial exploitation targeting members of the
8 Armed Forces, veterans, and military families, in-
9 cluding—
10 (A) imposter or phishing scams;
11 (B) investment-related fraud;
12 (C) pension poaching;
13 (D) veterans benefit fraud;
14 (E) fraudulent offers pertaining to employ-
15 ment or business opportunities;
16 (F) predatory lending;
17 (G) veteran charity schemes;
18 (H) foreign money offers and fake check
19 scams;
20 (I) mortgage foreclosure relief and debt
21 management fraud;
22 (J) military allotment system abuse; and
23 (K) military records fraud.
24 (3) Identifying and evaluating the new financial
25 risks that emerging financial technologies, including
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1 buy-now-pay-later credit and digital payment eco-
2 systems, may present to members of the Armed
3 Forces, veterans, and military families.
4 (4) Evaluating the efficacy of current Federal
5 programs, educational campaigns, policies, and stat-
6 utes, including the Military Lending Act and the
7 Servicemembers Civil Relief Act, in preventing and
8 combatting financial fraud targeting members of the
9 Armed Forces, veterans, and military families.
10 (5) Developing recommendations to enhance ef-
11 forts of Federal agencies to detect, prevent, and
12 combat financial fraud targeting members of the
13 Armed Forces, veterans, and military families.
14 (g) REPORT.—Not later than 180 days after the date
15 of the enactment of this Act and annually thereafter, the
16 Task Force shall submit to the appropriate congressional
17 committees a report on its findings to date and rec-
18 ommendations to enhance the efforts of Federal agencies
19 to identify, prevent, and combat financial fraud targeting
20 members of the Armed Forces, veterans, and military fam-
21 ilies.
22 (h) APPROPRIATE CONGRESSIONAL COMMITTEES
23 DEFINED.—In this section, the term ‘‘appropriate con-
24 gressional committees’’ means the following:
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1 (1) The Committee on Oversight and Reform of
2 the House of Representatives.
3 (2) The Committee on Armed Services of the
4 House of Representatives.
5 (3) The Committee on Veterans’ Affairs of the
6 House of Representatives.
7 (4) The Committee on Homeland Security and
8 Governmental Affairs of the Senate.
9 (5) The Committee on Armed Services of the
10 Senate.
11 (6) The Committee on Veterans’ Affairs of the
12 Senate.
13 SEC. 549B. EXCLUSION OF EVIDENCE OBTAINED WITHOUT
14 PRIOR AUTHORIZATION.
15 Section 271 of title 10, United States Code, is
16 amended by adding at the end the following new sub-
17 section:
18 ‘‘(d) Notwithstanding any other provision of law, any
19 information obtained by or with the assistance of a mem-
20 ber of the Armed Forces in violation of section 1385 of
21 title 18, shall not be received in evidence in any trial, hear-
22 ing, or other proceeding in or before any court, grand jury,
23 department, officer, agency, regulatory body, legislative
24 committee, or other authority of the United States, a
25 State, or a political subdivision thereof.’’.
•HR 7900 EH
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1 Subtitle F—Member Education
2 SEC. 551. INCREASE IN MAXIMUM NUMBER OF STUDENTS
3 ENROLLED AT UNIFORMED SERVICES UNI-
4 VERSITY OF THE HEALTH SCIENCES.
5 Section 2114(f)(2) of title 10, United States Code,
6 is amended by striking ‘‘40’’ and inserting ‘‘60’’.
7 SEC. 552. AUTHORIZATION OF CERTAIN SUPPORT FOR
8 MILITARY SERVICE ACADEMY FOUNDATIONS.
9 (a) IN GENERAL.—Subchapter I of chapter 134 of
10 title 10, United States Code, is amended by inserting after
11 section 2245 the end the following new section:
12 ‘‘§ 2246. Authorization of certain support for military
13 service academy foundations
14 ‘‘(a) AUTHORITY.—Subject to subsection (b), the
15 Secretary of the military department concerned may pro-
16 vide the following support to a covered foundation:
17 ‘‘(1) The use, on an unreimbursed basis, of fa-
18 cilities or equipment of the United States by the cov-
19 ered foundation, authorized by any—
20 ‘‘(A) general or flag officer;
21 ‘‘(B) Senior Executive Service employee
22 assigned to the Service Academy supported by
23 that covered foundation; or
24 ‘‘(C) official designated by the Secretary
25 concerned.
•HR 7900 EH
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1 ‘‘(2) Endorsement by an individual described in
2 paragraph (1) of—
3 ‘‘(A) the covered foundation;
4 ‘‘(B) an event of the covered foundation;
5 or
6 ‘‘(C) an activity of the covered foundation.
7 ‘‘(b) LIMITATIONS.—Support under subsection (a)
8 may be provided only if such support—
9 ‘‘(1) is without any liability of the United
10 States to the covered foundation;
11 ‘‘(2) does not affect the ability of any official or
12 employee of the military department concerned, or
13 any member of the armed forces, to carry out any
14 responsibility or duty in a fair and objective manner;
15 ‘‘(3) does not compromise the integrity or ap-
16 pearance of integrity of any program of the military
17 department concerned, or any individual involved in
18 such a program; and
19 ‘‘(4) does not include the participation of any
20 cadet or midshipman, other than participation in an
21 honor guard at an event of the covered foundation.
22 ‘‘(c) BRIEFING.—In any fiscal year during which sup-
23 port is provided under subsection (a), the Secretary of the
24 military department concerned shall provide a briefing not
25 later than the last day of that fiscal year to the congres-
•HR 7900 EH
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1 sional defense committees regarding the number of events
2 or activities of a covered foundation in which an individual
3 described in subsection (a)(1) participated during such fis-
4 cal year.
5 ‘‘(d) DEFINITIONS.—In this section:
6 ‘‘(1) The term ‘covered foundation’ means a
7 charitable, educational, or civic nonprofit organiza-
8 tion under section 501(c)(3) of the Internal Revenue
9 Code of 1986, that the Secretary concerned deter-
10 mines operates exclusively to support, with respect
11 to a Service Academy, any of the following:
12 ‘‘(A) Recruiting.
13 ‘‘(B) Parent or alumni development.
14 ‘‘(C) Academic, leadership, or character
15 development.
16 ‘‘(D) Institutional development.
17 ‘‘(E) Athletics.
18 ‘‘(2) The term ‘Service Academy’ has the mean-
19 ing given such term in section 347 of this title.’’.
20 (b) CLERICAL AMENDMENT.—The table of sections
21 at the beginning of such subchapter is amended by insert-
22 ing after the item relating to item 2245 the following new
23 item:
‘‘2246. Authorization of certain support for military service academy founda-
tions.’’.
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1 SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO
2 PLAY PROFESSIONAL SPORT CONSTITUTES A
3 BREACH OF SERVICE OBLIGATION.
4 (a) UNITED STATES MILITARY ACADEMY.—Section
5 7448 of title 10, United States Code, is amended as fol-
6 lows:
7 (1) Paragraph (5) of subsection (a) is amended
8 to read as follows:
9 ‘‘(5) The cadet may not obtain employment, in-
10 cluding as a professional athlete, until after com-
11 pleting the cadet’s commissioned service obligation.’’.
12 (2) Subsection (b) is amended by adding at the
13 end the following new paragraph:
14 ‘‘(4) A cadet who violates paragraph (5) of subsection
15 (a) by obtaining employment as a professional athlete is
16 not eligible for the alternative obligation under paragraph
17 (1).’’.
18 (3) Subsection (c) is amended—
19 (A) by redesignating paragraphs (2) and
20 (3) as paragraphs (3) and (4), respectively; and
21 (B) by inserting, after paragraph (1), the
22 following new paragraph (2):
23 ‘‘(2) that a cadet who obtains employment as a
24 professional athlete before completing the cadet’s
25 commissioned service obligation has breached an
26 agreement under such subsection;’’.
•HR 7900 EH
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1 (4) Subsection (d) is amended—
2 (A) by striking ‘‘with respect to an officer
3 who is a graduate of the Academy’’ and insert-
4 ing ‘‘with respect to a cadet’’; and
5 (B) by striking ‘‘officer’s’’ and inserting
6 ‘‘cadet’s’’.
7 (5) Subsection (f) is amended by striking ‘‘the
8 terms’’ and inserting ‘‘each term’’.
9 (b) UNITED STATES NAVAL ACADEMY.—Section
10 8459 of title 10, United States Code, is amended as fol-
11 lows:
12 (1) Paragraph (5) of subsection (a) is amended
13 to read as follows:
14 ‘‘(5) The midshipman may not obtain employ-
15 ment, including as a professional athlete, until after
16 completing the midshipman’s commissioned service
17 obligation.’’.
18 (2) Subsection (b) is amended by adding at the
19 end the following new paragraph:
20 ‘‘(4) A midshipman who violates paragraph (5) of
21 subsection (a) by obtaining employment as a professional
22 athlete is not eligible for the alternative obligation under
23 paragraph (1).’’.
24 (3) Subsection (c) is amended—
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1 (A) by redesignating paragraphs (2) and
2 (3) as paragraphs (3) and (4), respectively; and
3 (B) by inserting, after paragraph (1), the
4 following new paragraph (2):
5 ‘‘(2) that a midshipman who obtains employ-
6 ment as a professional athlete before completing the
7 midshipman’s commissioned service obligation has
8 breached an agreement under such subsection;’’.
9 (4) Subsection (d) is amended—
10 (A) by striking ‘‘with respect to an officer
11 who is a graduate of the Academy’’ and insert-
12 ing ‘‘with respect to a midshipman’’; and
13 (B) by striking ‘‘officer’s’’ and inserting
14 ‘‘midshipman’s’’.
15 (5) Subsection (f) is amended by striking ‘‘the
16 terms’’ and inserting ‘‘each term’’.
17 (c) UNITED STATES AIR FORCE ACADEMY.—Section
18 9448 of title 10, United States Code, is amended as fol-
19 lows:
20 (1) Paragraph (5) of subsection (a) is amended
21 to read as follows:
22 ‘‘(5) The cadet may not obtain employment, in-
23 cluding as a professional athlete, until after com-
24 pleting the cadet’s commissioned service obligation.’’.
•HR 7900 EH
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1 (2) Subsection (b) is amended by adding at the
2 end the following new paragraph:
3 ‘‘(4) A cadet who violates paragraph (5) of subsection
4 (a) by obtaining employment as a professional athlete is
5 not eligible for the alternative obligation under paragraph
6 (1).’’.
7 (3) Subsection (c) is amended—
8 (A) by redesignating paragraphs (2) and
9 (3) as paragraphs (3) and (4), respectively; and
10 (B) by inserting, after paragraph (1), the
11 following new paragraph (2):
12 ‘‘(2) that a cadet who obtains employment as a
13 professional athlete before completing the cadet’s
14 commissioned service obligation has breached an
15 agreement under such subsection;’’.
16 (4) Subsection (d) is amended—
17 (A) by striking ‘‘with respect to an officer
18 who is a graduate of the Academy’’ and insert-
19 ing ‘‘with respect to a cadet’’; and
20 (B) by striking ‘‘officer’s’’ and inserting
21 ‘‘cadet’s’’.
22 (5) Subsection (f) is amended by striking ‘‘the
23 terms’’ and inserting ‘‘each term’’.
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1 SEC. 554. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE
2 BY ENLISTED MEMBERS.
3 (a) SENSE OF CONGRESS.—It is the sense of Con-
4 gress that:
5 (1) The demands of the future operating envi-
6 ronment need to be met by the most professional, in-
7 telligent, innovative, and capable servicemembers our
8 nation has ever produced.
9 (2) Though officers comprise roughly 18% of
10 the armed forces, they receive significantly higher in-
11 vestments into their education up to the PhD level
12 than that of their enlisted counterparts.
13 (3) Investing in enlisted advanced education
14 will strengthen the lethality of the armed forces by
15 producing higher quantities of noncommissioned offi-
16 cers able to operate through the intellectual de-
17 mands of complex contingencies, producing military
18 leaders at rates higher than is otherwise feasible
19 with the pool of eligible officers.
20 (4) Conducting research and analysis on the
21 impact of advanced education on enlisted
22 servicemembers performance, promotion rate, mis-
23 conduct, and retention is critical to propelling the
24 Department of Defense’s initiatives for a modern,
25 state-of-the art approach to education and research
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1 to create and sustain an intellectual overmatch in to-
2 day’s warfighting domains.
3 (5) The Naval Postgraduate School serves as a
4 converging point for all branches of the United
5 States military while simultaneously offering innova-
6 tive learning environments that, combined, offers an
7 ideal testing ground to evaluate the potential bene-
8 fits of expanding enlisted higher education across
9 the Joint Force.
10 (b) IN GENERAL.—Subsection (a)(2)(D)(iii) of sec-
11 tion 8545 of title 10, United States Code, is amended by
12 striking ‘‘only on a space-available basis’’ and inserting
13 ‘‘at a rate of acceptance not to be conditioned by the num-
14 ber of officer applications’’.
15 (c) BRIEFING.—Six years after the date of the enact-
16 ment of this Act, the Secretary of Defense shall brief the
17 Committees on Armed Services of the Senate and House
18 of Representatives on the effects of increasing enrollment
19 of enlisted members at the Naval Postgraduate School
20 pursuant to the amendment made by subsection (a). Such
21 briefing shall include the following elements:
22 (1) Any increase to the lethality of the Armed
23 Forces.
24 (2) Effects on rates of recruitment, promotion
25 (including compensation to members), and retention.
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1 (3) Effects on malign behavior by members of
2 the Armed Forces.
3 SEC. 555. AUTHORITY TO WAIVE TUITION AT UNITED
4 STATES AIR FORCE INSTITUTE OF TECH-
5 NOLOGY FOR CERTAIN PRIVATE SECTOR CI-
6 VILIANS.
7 Section 9414a(e)(1) of title 10, United States Code,
8 is amended—
9 (1) in by striking ‘‘The United’’ and inserting
10 ‘‘Subject to paragraph (3), the United’’; and
11 (2) by adding at the end the following:
12 ‘‘(3) The Director and Chancellor of the United
13 States Air Force Institute of Technology may waive tui-
14 tion for a student, enrolled under this section, who attends
15 a course for professional continuing education.’’.
16 SEC. 556. TERMS OF PROVOST AND ACADEMIC DEAN OF
17 THE UNITED STATES AIR FORCE INSTITUTE
18 OF TECHNOLOGY.
19 (a) IN GENERAL.—Paragraph (2) of subsection (b)
20 of section 9414b of title 10, United States Code, is amend-
21 ed to read as follows: ‘‘An individual selected for the posi-
22 tion of Provost and Chief Academic Officer shall serve in
23 that position for a term of not more than five years and
24 may be continued in that position for an additional term
25 of up to five years’’.
•HR 7900 EH
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1 (b) CONFORMING AMENDMENT.—Paragraph (1) of
2 such subsection is amended by striking ‘‘appointed’’ and
3 inserting ‘‘selected’’.
4 SEC. 557. ESTABLISHMENT OF CONSORTIUM FOR CUR-
5 RICULA IN MILITARY EDUCATION.
6 (a) ESTABLISHMENT.—Not later than one year after
7 the date of the enactment of this Act, the Secretary of
8 Defense, in coordination with the Chairman of the Joint
9 Chiefs of Staff, and in coordination with the Under Sec-
10 retary of Defense for Personnel and Readiness, shall es-
11 tablish a consortium of the institutions of military edu-
12 cation and covered entities.
13 (b) ACTIVITIES.—The duties of the consortium shall
14 be to conduct research and develop common, research-
15 based curricula for the institutions of military education
16 in order to improve military education for students of the
17 consortium members.
18 (c) CURRICULA.—
19 (1) IN GENERAL.—Curricula developed by the
20 consortium shall—
21 (A) be more responsive to new opportuni-
22 ties and challenges in an era of great power
23 competition, and in which security requires
24 knowledge of economics, new technologies (in-
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1 cluding artificial intelligence), supply chains,
2 and adversarial governments;
3 (B) creatively apply military power to in-
4 form national strategy, conduct globally inte-
5 grated operations, and fight under conditions of
6 disruptive change; and
7 (C) include non-military topics, such as di-
8 plomacy, economics, information, intelligence,
9 and culture.
10 (2) APPLIED DESIGN FOR INNOVATION OF THE
11 DEFENSE ANALYSIS DEPARTMENT AT THE NAVAL
12 POSTGRADUATE SCHOOL.—The Secretary may make
13 permanent the curriculum of the Applied Design for
14 Innovation of the Defense Analysis Department at
15 the Naval Postgraduate School and use such cur-
16 riculum as a model to be replicated at other institu-
17 tions of military education.
18 (d) DIRECTOR.—The Director of the consortium shall
19 be the President of National Defense University.
20 (e) MEETINGS.—The consortium shall meet at the
21 call of the Director, in accordance with the following:
22 (1) The consortium and the Chiefs of the
23 Armed Forces shall meet not less than once annually
24 to establish or revise curricula.
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1 (2) The consortium shall meet not less than
2 twice annually to establish a plan of action and mile-
3 stones to prepare curricula.
4 (f) REPORTS.—
5 (1) INTERIM REPORT.—Not later than 180
6 days after the date of the enactment of this Act, the
7 Secretary shall submit to the Committees on Armed
8 Services of the Senate and House of Representative
9 an interim report on the organization, activities,
10 funding, actions and milestones of the consortium.
11 (2) ANNUAL REPORT.—Not later than Sep-
12 tember 30 of each year, beginning in 2024 and end-
13 ing in 2028, the Secretary shall submit to the Com-
14 mittees on Armed Services of the Senate and House
15 of Representative a report describing the activities,
16 funding, curricula created, and research conducted
17 by the consortium during the preceding year.
18 (g) TERMINATION.—The consortium shall terminate
19 on September 30, 2028.
20 (h) DEFINITIONS.—In this section:
21 (1) The term ‘‘institutions of military edu-
22 cation’’ means—
23 (A) the professional military education
24 schools;
25 (B) the senior level service schools;
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1 (C) the intermediate level service schools;
2 (D) the joint intermediate level service
3 school;
4 (E) the Naval Postgraduate School; and
5 (F) the military service academies.
6 (2) The term ‘‘covered entity’’ means—
7 (A) an institution of higher education that
8 the Secretary determines has an established
9 program of education regarding national secu-
10 rity or technology relevant to the Department
11 of Defense; or
12 (B) an entity that the Secretary deter-
13 mines conducts research in policy relevant to
14 the Department of Defense.
15 (3) The term ‘‘institution of higher education’’
16 has the meaning given that term in section 101 of
17 the Higher Education Act of 1965 (Public Law 89–
18 329; 20 U.S.C. 1001).
19 (4) The terms ‘‘intermediate level service
20 school’’, ‘‘joint intermediate level service school’’,
21 and ‘‘senior level service school’’ have the meaning
22 given such terms in section 2151 of title 10, United
23 States Code.
24 (5) The term ‘‘military service academy’’ means
25 the following:
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1 (A) The United States Military Academy.
2 (B) The United States Naval Academy.
3 (C) The United States Air Force Academy.
4 (6) The term ‘‘professional military education
5 schools’’ means the schools specified in section 2162
6 of title 10, United States Code.
7 SEC. 558. ESTABLISHMENT OF CONSORTIUM OF INSTITU-
8 TIONS OF MILITARY EDUCATION FOR CYBER-
9 SECURITY MATTERS.
10 (a) ESTABLISHMENT.—Not later than one year after
11 the date of the enactment of this Act, the Secretary of
12 Defense, in coordination with the Chairman of the Joint
13 Chiefs of Staff and the Under Secretary of Defense for
14 Personnel and Readiness, shall establish a consortium of
15 the institutions of military education and covered entities.
16 (b) FUNCTIONS.—The functions of the consortium
17 include the following:
18 (1) To provide a forum for members of the con-
19 sortium to share information regarding matters of
20 education on cybersecurity, including—
21 (A) education of cyber mission forces;
22 (B) lessons learned;
23 (C) the intersection of cybersecurity across
24 all warfighting domains; and
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1 (D) other matters of cybersecurity related
2 to national security.
3 (2) To develop a cybersecurity research agenda
4 to—
5 (A) identify gaps in cybersecurity of the
6 Department of Defense; and
7 (B) study offensive threats, defensive
8 threats, and active deterrence in the cyber do-
9 main.
10 (3) To provide the Secretary, the consortium
11 members, and other entities determined appropriate
12 by the Secretary, access to the expertise of the mem-
13 bers of the consortium on matters relating to cyber-
14 security.
15 (4) To align the efforts of the members of the
16 consortium to support cybersecurity of the Depart-
17 ment of Defense.
18 (c) DIRECTOR.—The Director of the consortium shall
19 be the President of National Defense University. The Di-
20 rector shall consult and coordinate with representatives of
21 the institutions of military education and covered entities.
22 (d) MEETINGS.—The consortium shall meet at the
23 call of the Director, including—
24 (1) not less than once annually with the Chiefs
25 of the Armed Forces; and
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1 (2) not less than once annually to conduct cyber
2 space war games wherein members of the consor-
3 tium compete.
4 (e) COORDINATION WITH OTHER ENTITIES.—The
5 Consortium shall, to the maximum extent practicable, co-
6 ordinate on matters of mutual interest and align its efforts
7 with the consortium established under section 1659 of the
8 National Defense Authorization Act for Fiscal Year 2020
9 (Public Law 116–92; 10 U.S.C. 391 note).
10 (f) REPORTS.—
11 (1) INTERIM REPORT.—Not later than 180
12 days after the date of the enactment of this Act, the
13 Secretary shall submit to the Committees on Armed
14 Services of the Senate and House of Representative
15 an interim report on the organization, activities,
16 funding, actions and milestones of the consortium.
17 (2) ANNUAL REPORT.—Not later than Sep-
18 tember 30 of each year, beginning in 2024 and end-
19 ing in 2028, the Secretary shall submit to the Com-
20 mittees on Armed Services of the Senate and House
21 of Representative a report describing the activities,
22 funding, research conducted by the consortium, and
23 other matters determined by the Secretary, during
24 the preceding year.
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1 (g) TERMINATION.—The consortium shall terminate
2 on September 30, 2028.
3 (h) DEFINITIONS.—In this section:
4 (1) The term ‘‘institutions of military edu-
5 cation’’ means—
6 (A) the professional military education
7 schools;
8 (B) the senior level service schools;
9 (C) the intermediate level service schools;
10 (D) the joint intermediate level service
11 school;
12 (E) the Naval Postgraduate School; and
13 (F) the military service academies.
14 (2) The term ‘‘covered entity’’ means—
15 (A) an institution of higher education that
16 the Secretary determines has an established
17 program of education regarding cybersecurity
18 or technology relevant to the Department of
19 Defense; or
20 (B) an entity that the Secretary deter-
21 mines conducts research in cybersecurity rel-
22 evant to the Department of Defense.
23 (3) The term ‘‘institution of higher education’’
24 has the meaning given that term in section 101 of
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1 the Higher Education Act of 1965 (Public Law 89–
2 329; 20 U.S.C. 1001).
3 (4) The terms ‘‘intermediate level service
4 school’’, ‘‘joint intermediate level service school’’,
5 and ‘‘senior level service school’’ have the meaning
6 given such terms in section 2151 of title 10, United
7 States Code.
8 (5) The term ‘‘military service academy’’ means
9 the following:
10 (A) The United States Military Academy.
11 (B) The United States Naval Academy.
12 (C) The United States Air Force Academy.
13 (6) The term ‘‘professional military education
14 schools’’ means the schools specified in section 2162
15 of title 10, United States Code.
16 SEC. 559. COMMISSION ON PROFESSIONAL MILITARY EDU-
17 CATION.
18 (a) ESTABLISHMENT.—There is established a com-
19 mission to examine the purpose, implementation, out-
20 comes, and relevance of professional military education
21 programs operated by the Department of Defense. The
22 commission shall be known as the ‘‘Commission on Profes-
23 sional Military Education’’ (referred to in this section as
24 the ‘‘Commission’’).
25 (b) MEMBERSHIP.—
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1 (1) COMPOSITION.—The Commission shall be
2 composed of the following members:
3 (A) Two members appointed by the Chair-
4 man of the Committee on Armed Services of
5 the Senate, one of whom shall be a Senator and
6 one who may not be a Senator.
7 (B) Two members appointed by the Rank-
8 ing Minority Member of the Committee on
9 Armed Services of the Senate, one of whom
10 shall be a Senator and one who may not be a
11 Senator.
12 (C) Two members appointed by the Chair
13 of the Committee on Armed Services of the
14 House of Representatives, one of whom shall be
15 a Member of the House of Representatives and
16 one who may not be a Member of the House of
17 Representatives.
18 (D) Two members appointed by the Rank-
19 ing Minority Member of the Committee on
20 Armed Services of the House of Representa-
21 tives, one of whom shall be a Member of the
22 House of Representatives and one who may not
23 be a Member of the House of Representatives.
24 (2) CHAIR.—The Commission shall have one
25 Chair, selected by the members of the Commission.
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1 (c) APPOINTMENT; INITIAL MEETING.—
2 (1) APPOINTMENT.—Members of the Commis-
3 sion shall be appointed not later than 60 days after
4 the date of the enactment of this Act.
5 (2) INITIAL MEETING; NOTICE.—The Commis-
6 sion shall hold its initial meeting on or before the
7 date that is 90 days after the date of the enactment
8 of this Act. In lieu of publication in the Federal
9 Register, the Commission shall post a notice of such
10 meeting on a publicly accessible website of the Com-
11 mission at least 15 days before such meeting.
12 (d) MEETINGS; NOTICE; QUORUM; VACANCIES.—
13 (1) IN GENERAL; NOTICE.—After its initial
14 meeting, the Commission shall meet—
15 (A) upon the call of the Chair of the Com-
16 mission; and
17 (B) not fewer than 15 days after posting
18 a notice of such meeting on a publicly accessible
19 website of the Commission, in lieu of publica-
20 tion in the Federal Register.
21 (2) QUORUM.—Five members of the Commis-
22 sion shall constitute a quorum for purposes of con-
23 ducting business, except that two members of the
24 Commission shall constitute a quorum for purposes
25 of receiving testimony.
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1 (3) VACANCIES.—Members shall be appointed
2 for the life of the Commission. Any vacancy in the
3 Commission shall not affect its powers, but shall be
4 filled in the same manner as the original appoint-
5 ment.
6 (4) QUORUM WITH VACANCIES.—If vacancies in
7 the Commission occur on any day after 60 days
8 after the date of the enactment of this Act, a
9 quorum shall consist of a majority of the members
10 of the Commission as of such day.
11 (e) ACTIONS OF COMMISSION.—
12 (1) IN GENERAL.—The Commission shall act by
13 resolution agreed to by a majority of the members
14 of the Commission voting and present.
15 (2) SUBCOMMITTEES.—The Commission may
16 establish subcommittees composed of less than the
17 full membership of the Commission for purposes of
18 carrying out the duties of the Commission under this
19 section. The actions of any such subcommittee shall
20 be subject to the review and control of the Commis-
21 sion. Any findings and determinations made by such
22 a subcommittee shall not be considered the findings
23 and determinations of the Commission unless ap-
24 proved by the Commission.
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1 (3) DELEGATION.—Any member, agent, or staff
2 of the Commission may, if authorized by the Chair
3 of the Commission, take any action which the Com-
4 mission is authorized to take pursuant to this sec-
5 tion.
6 (f) DUTIES.—The duties of the Commission are as
7 follows:
8 (1) To—
9 (A) review the purpose and desired out-
10 comes, as indicated in Department of Defense
11 Instruction 1322.35, of professional military
12 education in support of the National Defense
13 Strategy; and
14 (B) evaluate whether the Armed Forces
15 are achieving such purpose and outcomes.
16 (2) To review and evaluate the means by which
17 faculty assigned to teach professional military edu-
18 cation are selected, managed, promoted, evaluated,
19 and afforded academic freedom, including—
20 (A) members serving on active duty;
21 (B) civilian instructors who are military re-
22 tirees; and
23 (C) civilian instructors who are not mili-
24 tary retirees.
25 (3) To—
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1 (A) review how members are selected for
2 residential and non-residential professional mili-
3 tary education;
4 (B) evaluate whether students are ade-
5 quately prepared for professional military edu-
6 cation programs; and
7 (C) whether additional entrance require-
8 ments, such as a writing assessment and aca-
9 demic prerequisites, should be established.
10 (4) To—
11 (A) review and assess how the performance
12 of professional military education students is
13 evaluated during the academic year;
14 (B) how such performance is reflected in
15 the service records of such students; and
16 (C) consider whether students assigned to
17 residential professional military education at
18 the war colleges should be objectively evaluated
19 by the faculty for potential at more senior
20 ranks.
21 (5) To review and evaluate whether and how
22 professional military education prepares graduates
23 for senior-level operational and strategic assign-
24 ments.
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1 (6) To review and evaluate whether and how
2 the Armed Forces consider and fully leverage profes-
3 sional military education in subsequent assignments.
4 (7) To consider whether professional military
5 education tracks focused on China, Russia, or other
6 key adversaries or topics of importance to the Na-
7 tional Defense Strategy would provide value for the
8 Armed Forces.
9 (8) With respect to professional military edu-
10 cation curriculum, to review and evaluate—
11 (A) relevance to the National Defense
12 Strategy and current and future defense needs,
13 including topics covered and modalities of in-
14 struction, such as interactive seminars,
15 wargaming, and other simulations; and
16 (B) the process for developing and modi-
17 fying the curriculum.
18 (9) To evaluate whether the Armed Forces have
19 established a system of accountability to ensure that
20 professional military education meets the defense
21 needs of the United States at a reasonable cost.
22 (10) To review and evaluate the appropriate-
23 ness of the service commitments imposed by the
24 Armed Forces for members selected for professional
25 military education.
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1 (g) POWERS OF COMMISSION.—
2 (1) IN GENERAL.—The Commission or, on the
3 authorization of the Commission, any subcommittee
4 or member thereof, may, for the purpose of carrying
5 out the provisions of this section hold such hearings
6 and sit and act at such times and places, take such
7 testimony, receive such evidence, and administer
8 such oaths.
9 (2) CONTRACTING.—The Commission may, to
10 such extent and in such amounts as are provided in
11 advance in appropriation Acts, enter into contracts
12 to enable the Commission to discharge its duties
13 under this section.
14 (3) INFORMATION FROM FEDERAL AGENCIES.—
15 (A) IN GENERAL.—The Commission may
16 secure directly from any executive department,
17 agency, bureau, board, commission, office, inde-
18 pendent establishment, or instrumentality of the
19 Government information, suggestions, esti-
20 mates, and statistics for the purposes of this
21 section.
22 (B) COMPLIANCE.—Except for the intel-
23 ligence community (as such term is defined in
24 section 3 of the National Security Act of 1947
25 (Chapter 343; 61 Stat. 496; 50 U.S.C. 3003)),
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1 each such department, agency, bureau, board,
2 commission, office, establishment, or instrumen-
3 tality shall, to the extent authorized by law, fur-
4 nish such information, suggestions, estimates,
5 and statistics directly to the Commission, upon
6 request of the Chair of the Commission.
7 (C) CLASSIFIED INFORMATION.—The
8 Commission shall handle and protect all classi-
9 fied information provided to it under this sec-
10 tion in accordance with applicable statutes and
11 regulations.
12 (4) ASSISTANCE FROM DEPARTMENT OF DE-
13 FENSE.—The Secretary of Defense shall provide to
14 the Commission, on a nonreimbursable basis, such
15 administrative services, funds, staff, facilities, and
16 other support services as are necessary for the per-
17 formance of the Commission’s duties under this sec-
18 tion.
19 (5) POSTAL SERVICES.—The Commission may
20 use the United States postal services in the same
21 manner and under the same conditions as the de-
22 partments and agencies of the United States.
23 (6) GIFTS.—No member or staff of the Com-
24 mission may receive a gift or benefit by reason of
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1 the service of such member or staff to the Commis-
2 sion.
3 (h) STAFF OF COMMISSION.—
4 (1) DIRECTOR.—The Chair of the Commission,
5 in accordance with rules agreed upon by the Com-
6 mission, shall appoint and fix the compensation of a
7 staff director and such other personnel as may be
8 necessary to enable the Commission to carry out its
9 duties, without regard to the provisions of title 5,
10 United States Code, governing appointments in the
11 competitive service, and without regard to the provi-
12 sions of chapter 51 and subchapter III of chapter 53
13 of such title relating to classification and General
14 Schedule pay rates, except that no rate of pay fixed
15 under this subsection may exceed the equivalent of
16 that payable to a person occupying a position at
17 level V of the Executive Schedule under section 5316
18 of such title.
19 (2) DETAILEES.—Any Federal Government em-
20 ployee may be detailed to the Commission without
21 reimbursement from the Commission, and such
22 detailee shall retain the rights, status, and privileges
23 of his or her regular employment without interrup-
24 tion.
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1 (3) CONSULTANT SERVICES.—The Commission
2 may procure the services of experts and consultants
3 in accordance with section 3109 of title 5, United
4 States Code, but at rates not to exceed the daily rate
5 paid a person occupying a position at level IV of the
6 Executive Schedule under section 5315 of such title.
7 (i) COMPENSATION AND TRAVEL EXPENSES.—
8 (1) COMPENSATION.—
9 (A) IN GENERAL.—Except as provided in
10 paragraph (2), each member of the Commission
11 may be compensated at not to exceed the daily
12 equivalent of the annual rate of basic pay in ef-
13 fect for a position at level IV of the Executive
14 Schedule under section 5315 of title 5, United
15 States Code, for each day during which that
16 member is engaged in the actual performance of
17 the duties of the Commission under this sec-
18 tion.
19 (B) FEDERAL OFFICERS OR EMPLOY-
20 EES.—Members of the Commission who are of-
21 ficers or employees of the United States or
22 Members of Congress shall receive no additional
23 pay by reason of their service on the Commis-
24 sion.
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1 (2) TRAVEL EXPENSES.—While away from
2 their homes or regular places of business in the per-
3 formance of services for the Commission, members
4 of the Commission may be allowed travel expenses,
5 including per diem in lieu of subsistence, in the
6 same manner as persons employed intermittently in
7 the Government service are allowed expenses under
8 section 5703 of title 5, United States Code.
9 (j) FINAL REPORT; TERMINATION.—
10 (1) FINAL REPORT.—Not later than 18 months
11 after the date of the enactment of this Act, the
12 Commission shall submit to the congressional de-
13 fense committees and the Secretary of Defense an
14 unclassified report (that may include a classified
15 annex) containing the findings and recommendations
16 of the Commission.
17 (2) TERMINATION.—
18 (A) IN GENERAL.—The Commission, and
19 all the authorities of this section, shall termi-
20 nate at the end of the 120-day period beginning
21 on the date on which the final report under
22 paragraph (1) is submitted to the congressional
23 defense committees.
24 (B) WINDING DOWN.—The Commission
25 may use the 120-day period referred to in sub-
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1 paragraph (A) for the purposes of concluding
2 its activities, including providing testimony to
3 Congress concerning the final report referred to
4 in that subparagraph and disseminating the re-
5 port.
6 SEC. 559A. INCREASE IN THE NUMBER OF INDIVIDUALS
7 FROM THE DISTRICT OF COLUMBIA WHO MAY
8 BE APPOINTED TO MILITARY SERVICE ACAD-
9 EMIES.
10 (a) UNITED STATES MILITARY ACADEMY.—Section
11 7442 of title 10, United States Code, is amended—
12 (1) in subsection (a)(5), by striking ‘‘Five’’ and
13 inserting ‘‘Fifteen’’; and
14 (2) in subsection (b)(5), by striking ‘‘para-
15 graphs (3) and (4)’’ and inserting ‘‘paragraphs (3),
16 (4), and (5)’’.
17 (b) UNITED STATES NAVAL ACADEMY.—Section
18 8454 of title 10, United States Code, is amended—
19 (1) in subsection (a)(5), by striking ‘‘Five’’ and
20 inserting ‘‘Fifteen’’; and
21 (2) in subsection (b)(5), by striking ‘‘para-
22 graphs (3) and (4)’’ and inserting ‘‘paragraphs (3),
23 (4), and (5)’’.
24 (c) UNITED STATES AIR FORCE ACADEMY.—Section
25 9442 of title 10, United States Code, is amended—
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1 (1) in subsection (a)(5), by striking ‘‘Five’’ and
2 inserting ‘‘Fifteen’’; and
3 (2) in subsection (b)(5), by striking ‘‘para-
4 graphs (3) and (4)’’ and inserting ‘‘paragraphs (3),
5 (4), and (5)’’.
6 SEC. 559B. MODIFICATION OF ANNUAL REPORT ON DEMO-
7 GRAPHICS OF MILITARY SERVICE ACADEMY
8 APPLICANTS.
9 Subsection (c)(2) of section 575 of the William M.
10 (Mac) Thornberry National Defense Authorization Act for
11 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 7442
12 note) is amended by adding at the end the following new
13 subparagraph:
14 ‘‘(C) Any significant disparity in gender,
15 race, ethnicity, or other demographic category
16 described in subsection (b), and any suspected
17 cause of such disparity within the application or
18 nominating process.’’.
19 SEC. 559C. REPORT ON TREATMENT OF CHINA IN CUR-
20 RICULA OF PROFESSIONAL MILITARY EDU-
21 CATION.
22 (a) IN GENERAL.—Not later than December 1, 2022,
23 the Secretary of Defense shall submit to the Committees
24 on Armed Services of the Senate and House of Represent-
25 atives a report regarding the treatment of China in the
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1 curricula of institutions of military education, including
2 changes to such treatment implemented in the five years
3 preceding the date of such report.
4 (b) DEFINITIONS.—In this section:
5 (1) The term ‘‘institutions of military edu-
6 cation’’ means—
7 (A) the professional military education
8 schools;
9 (B) the senior level service schools;
10 (C) the intermediate level service schools;
11 (D) the joint intermediate level service
12 school; and
13 (E) the Naval Postgraduate School.
14 (2) The terms ‘‘intermediate level service
15 school’’, ‘‘joint intermediate level service school’’,
16 and ‘‘senior level service school’’ have the meaning
17 given such terms in section 2151 of title 10, United
18 States Code.
19 (3) The term ‘‘professional military education
20 schools’’ means the schools specified in section 2162
21 of title 10, United States Code.
22 SEC. 559D. SPEECH DISORDERS OF CADETS AND MID-
23 SHIPMEN.
24 (a) TESTING.—The Superintendent of a military
25 service academy shall provide testing for speech disorders
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1 to incoming cadets or midshipmen under the jurisdiction
2 of that Superintendent.
3 (b) NO EFFECT ON ADMISSION.—The testing under
4 subsection (a) may not have any affect on admission to
5 a military service academy.
6 (c) RESULTS.—The Superintendent shall provide
7 each cadet or midshipman under the jurisdiction of that
8 Superintendent the result of the testing under subsection
9 (a) and a list of warfare unrestricted line officer positions
10 and occupation specialists that require successful perform-
11 ance on the speech test.
12 (d) THERAPY.—The Superintendent shall furnish
13 speech therapy to a cadet or midshipman under the juris-
14 diction of that Superintendent at the election of the cadet
15 or midshipman.
16 (e) RETAKING.—A cadet or midshipman whose test-
17 ing indicate a speech disorder or impediment may elect
18 to retake the testing once each academic year while en-
19 rolled at the military service academy.
20 SEC. 559E. AMENDMENTS TO PATHWAYS FOR COUNSELING
21 IN THE TRANSITION ASSISTANCE PROGRAM.
22 Section 1142(c)(1) of title 10, United States Code,
23 is amended—
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1 (1) in subparagraph (E), by striking ‘‘Dis-
2 ability’’ and inserting ‘‘Potential or confirmed dis-
3 ability’’;
4 (2) in subparagraph (F), by striking ‘‘Char-
5 acter’’ and inserting ‘‘Potential or confirmed char-
6 acter’’;
7 (3) by redesignating subparagraph (M) as sub-
8 paragraph (R); and
9 (4) by inserting after subparagraph (L) the fol-
10 lowing:
11 ‘‘(M) Child care requirements of the member
12 (including whether a dependent of the member is en-
13 rolled in the Exceptional Family Member Program).
14 ‘‘(N) The employment status of other adults in
15 the household of the member.
16 ‘‘(O) The location of the duty station of the
17 member (including whether the member was sepa-
18 rated from family while on duty).
19 ‘‘(P) The effects of operating tempo and per-
20 sonnel tempo on the member and the household of
21 the member.
22 ‘‘(Q) Whether the member is an Indian or
23 urban Indian, as those terms are defined in section
24 4 of the Indian Health Care Improvement Act (Pub-
25 lic Law 94–437; 25 U.S.C. 1603).’’.
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1 Subtitle G—Member Training and
2 Transition
3 SEC. 561. INFORMATION REGARDING APPRENTICESHIPS
4 FOR MEMBERS DURING INITIAL ENTRY
5 TRAINING.
6 (a) REQUIREMENT.—Chapter 31 of title 10, United
7 States Code, is amended by inserting after section 510 the
8 following new section:
9 ‘‘§ 510a. Provision of information regarding appren-
10 ticeships during initial entry training
11 ‘‘(a) IN GENERAL.—The Secretary concerned shall
12 provide to a member, during initial entry training, infor-
13 mation regarding registered apprenticeship programs re-
14 lated to the military occupational specialty or career field
15 of such member.
16 ‘‘(b) REGISTERED APPRENTICESHIP PROGRAM DE-
17 FINED.—In this section, the term ‘registered apprentice-
18 ship program’ means an apprenticeship program reg-
19 istered under the Act of August 16, 1937 (commonly
20 known as the ‘National Apprenticeship Act’; 50 Stat. 664,
21 chapter 663; 29 U.S.C. 50 et seq.).’’.
22 (b) CLERICAL AMENDMENT.—The table of sections
23 at the beginning of such chapter is amended by inserting,
24 after the item relating to section 510, the following new
25 item:
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‘‘510a. Provision of information regarding apprenticeships during initial entry
training.’’.
1 SEC. 562. EXTREMIST ACTIVITY BY A MEMBER OF THE
2 ARMED FORCES: NOTATION IN SERVICE
3 RECORD; TAP COUNSELING.
4 (a) TAP COUNSELING.—Subsection (b) of section
5 1142 of title 10, United States Code, is amended by add-
6 ing at the end the following new paragraph (20):
7 ‘‘(20) In the case of a member who has violated
8 Department of Defense Instruction 1325.06 (or suc-
9 cessor document), relating to extremist activity, in-
10 person counseling, developed by the Secretary of De-
11 fense in consultation with the Secretary of Home-
12 land Security, that includes—
13 ‘‘(A) information regarding why extremist
14 activity is inconsistent with service in the armed
15 forces and with national security;
16 ‘‘(B) information regarding the dangers
17 associated with involvement with an extremist
18 group; and
19 ‘‘(C) methods for the member to recognize
20 and avoid information that may promote ex-
21 tremist activity.’’.
22 (b) SERVICE RECORD.—In the case of a member de-
23 scribed in paragraph (20) of such subsection, as added
24 by subsection (a) of this section, the Secretary concerned
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1 shall ensure that the commanding officer of such member
2 notes such violation in the service record of such member.
3 (c) IMPLEMENTATION DATE.—The Secretary of De-
4 fense shall complete development of counseling under such
5 paragraph not later than the day that is one year after
6 the date of the enactment of this Act. The Secretary con-
7 cerned shall ensure that such counseling is carried out on
8 and after such day.
9 SEC. 563. CODIFICATION OF SKILLBRIDGE PROGRAM.
10 (a) IN GENERAL.—Section 1143(e) of title 10,
11 United States Code, is amended—
12 (1) in the heading, by adding ‘‘; SKILLBRIDGE’’
13 after ‘‘TRAINING’’; and
14 (2) in paragraph (1), by adding at the end
15 ‘‘Such a program shall be known as ‘Skillbridge’.’’.
16 (b) REGULATIONS.—To carry out Skillbridge, the
17 Secretary of Defense shall, not later than September 30,
18 2023—
19 (1) update Department of Defense Instruction
20 1322.29, titled ‘‘Job Training, Employment Skills
21 Training, Apprenticeships, and Internships (JTEST-
22 AI) for Eligible Service Members’’; and
23 (2) develop a funding plan for Skillbridge that
24 includes funding lines across the future-years de-
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1 fense program under section 221 of title 10, United
2 States Code.
3 SEC. 564. TRAINING ON DIGITAL CITIZENSHIP AND MEDIA
4 LITERACY IN ANNUAL CYBER AWARENESS
5 TRAINING FOR CERTAIN MEMBERS.
6 (a) IN GENERAL.—The annual cyber awareness
7 training provided to members of the covered Armed
8 Forces shall include a digital literacy module regarding
9 digital citizenship, media literacy, and protection against
10 cyber threats (such as influenced or digitally altered infor-
11 mation).
12 (b) DEFINITIONS.—In this section:
13 (1) The term ‘‘covered Armed Force’’ means
14 the following:
15 (A) The Army.
16 (B) The Navy.
17 (C) The Marine Corps.
18 (D) The Air Force.
19 (E) The Space Force.
20 (2) The term ‘‘digital citizenship’’ means the
21 ability to safely, responsibly, and ethically use com-
22 munication technologies and digital information
23 technology tools and platforms; create and share
24 media content using principles of social and civic re-
25 sponsibility and with awareness of the legal and eth-
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1 ical issues involved; and participate in the political,
2 economic, social, and cultural aspects of life related
3 to technology, communications, and the digital world
4 by consuming and creating digital content, including
5 media.
6 (3) The term ‘‘media literacy’’ means the ability
7 to access relevant and accurate information through
8 media in a variety of forms; critically analyze media
9 content and the influences of different forms of
10 media; evaluate the comprehensiveness, relevance,
11 credibility, authority, and accuracy of information;
12 make educated decisions based on information ob-
13 tained from media and digital sources; operate var-
14 ious forms of technology and digital tools; and re-
15 flect on how the use of media and technology may
16 affect private and public life.
17 SEC. 565. PILOT GRANT PROGRAM TO SUPPLEMENT THE
18 TRANSITION ASSISTANCE PROGRAM OF THE
19 DEPARTMENT OF DEFENSE.
20 (a) ESTABLISHMENT.—The Secretary of Defense, in
21 consultation with the Secretary of Veterans Affairs, shall
22 carry out a pilot grant program under which the Secretary
23 of Defense provides enhanced support and funding to eligi-
24 ble entities to supplement TAP to provide job opportuni-
25 ties for industry recognized certifications, job placement
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1 assistance, and related employment services directly to
2 covered individuals.
3 (b) SERVICES.—Under the pilot grant program, the
4 Secretary of Defense shall provide grants to eligible enti-
5 ties to provide to covered individuals the following services:
6 (1) Using an industry-validated screening tool,
7 assessments of prior education, work history, and
8 employment aspirations of covered individuals, to
9 tailor appropriate and employment services.
10 (2) Preparation for civilian employment
11 through services like mock interviews and salary ne-
12 gotiations, training on professional networking plat-
13 forms, and company research.
14 (3) Several industry-specific learning path-
15 ways—
16 (A) with entry-level, mid-level and senior
17 versions;
18 (B) in fields such as project management,
19 cybersecurity, and information technology;
20 (C) in which each covered individual works
21 with an academic advisor to choose a career
22 pathway and navigate coursework during the
23 training process; and
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1 (D) in which each covered individual can
2 earn industry-recognized credentials and certifi-
3 cations, at no charge to the covered individual.
4 (4) Job placement services.
5 (c) PROGRAM ORGANIZATION AND IMPLEMENTATION
6 MODEL.—The pilot grant program shall follow existing
7 economic opportunity program models that combine indus-
8 try-recognized certification training, furnished by profes-
9 sionals, with online learning staff.
10 (d) CONSULTATION.—In carrying out the program,
11 the Secretary of Defense shall seek to consult with private
12 entities to assess the best economic opportunity program
13 models, including existing economic opportunity models
14 furnished through public-private partnerships.
15 (e) ELIGIBILITY.—To be eligible to receive a grant
16 under the pilot grant program, an entity shall—
17 (1) follow a job training and placement model;
18 (2) have rigorous program evaluation practices;
19 (3) have established partnerships with entities
20 (such as employers, governmental agencies, and non-
21 profit entities) to provide services described in sub-
22 section (b);
23 (4) have online training capability to reach
24 rural veterans, reduce costs, and comply with new
25 conditions forced by COVID-19; and
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1 (5) have a well-developed practice of program
2 measurement and evaluation that evinces program
3 performance and efficiency, with data that is high
4 quality and shareable with partner entities.
5 (f) COORDINATION WITH FEDERAL ENTITIES.—A
6 grantee shall coordinate with Federal entities, including—
7 (1) the Office of Transition and Economic De-
8 velopment of the Department of Veterans Affairs;
9 and
10 (2) the Office of Veteran Employment and
11 Transition Services of the Department of Labor.
12 (g) METRICS AND EVALUATION.—Performance out-
13 comes shall be verifiable using a third-party auditing
14 method and include the following:
15 (1) The number of covered individuals who re-
16 ceive and complete skills training.
17 (2) The number of covered individuals who se-
18 cure employment.
19 (3) The retention rate for covered individuals
20 described in paragraph (2).
21 (4) Median salary of covered individuals de-
22 scribed in paragraph (2).
23 (h) SITE LOCATIONS.—The Secretary of Defense
24 shall select five military installations in the United States
25 where existing models are successful.
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1 (i) ASSESSMENT OF POSSIBLE EXPANSION.—A
2 grantee shall assess the feasibility of expanding the cur-
3 rent offering of virtual training and career placement serv-
4 ices to members of the reserve components of the Armed
5 Forces and covered individuals outside the United States.
6 (j) DURATION.—The pilot grant program shall termi-
7 nate on September 30, 2025.
8 (k) REPORT.—Not later than 180 days after the ter-
9 mination of the pilot grant program, the Secretary of De-
10 fense shall submit to the congressional defense committees
11 a report that includes—
12 (1) a description of the pilot grant program, in-
13 cluding a description of specific activities carried out
14 under this section; and
15 (2) the metrics and evaluations used to assess
16 the effectiveness of the pilot grant program.
17 (l) DEFINITIONS.—In this section:
18 (1) The term ‘‘covered individual’’ means—
19 (A) a member of the Armed Forces partici-
20 pating in TAP; or
21 (B) a spouse of a member described in
22 subparagraph (A).
23 (2) The term ‘‘military installation’’ has the
24 meaning given such term in section 2801 of title 10,
25 United States Code.
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1 (3) The term ‘‘TAP’’ means the transition as-
2 sistance program of the Department of Defense
3 under sections 1142 and 1144 of title 10, United
4 States Code.
5 SEC. 566. FEMALE MEMBERS OF CERTAIN ARMED FORCES
6 AND CIVILIAN EMPLOYEES OF THE DEPART-
7 MENT OF DEFENSE IN STEM.
8 (a) STUDY ON MEMBERS AND CIVILIANS.—Not later
9 than September 30, 2023, the Secretary of Defense shall
10 submit to the Committees on Armed Services of the Sen-
11 ate and House of Representatives a report containing the
12 results of a study on how to increase participation of cov-
13 ered individuals in positions in the covered Armed Forces
14 or Department of Defense and related to STEM.
15 (b) STUDY ON SKILLBRIDGE.—Not later than Sep-
16 tember 30, 2023, the Secretary shall submit to such Com-
17 mittees a report containing the results of a study on how
18 to change Skillbridge to help covered individuals, eligible
19 for Skillbridge, find civilian employment in positions re-
20 lated to STEM.
21 (c) DEFINITIONS.—In this section:
22 (1) The term ‘‘covered Armed Force’’ means an
23 Armed Force under the jurisdiction of the Secretary
24 of a military department.
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1 (2) The term ‘‘covered individual’’ means a fe-
2 male—
3 (A) member of a covered Armed Force; or
4 (B) civilian employee of the Department of
5 Defense.
6 (3) The term ‘‘Skillbridge’’ means an employ-
7 ment skills training program under section 1143(e)
8 of title 10, United States Code, as amended by sec-
9 tion 563 of this Act.
10 (4) The term ‘‘STEM’’ means science, tech-
11 nology, engineering, and mathematics.
12 SEC. 567. SKILLBRIDGE: APPRENTICESHIP PROGRAMS.
13 (a) STUDY.—Not later than September 30, 2023, the
14 Secretary of Defense, in consultation with the Secretary
15 of the Department in which the Coast Guard is operating,
16 shall conduct a study to identify the private entities par-
17 ticipating in Skillbridge that offer positions in registered
18 apprenticeship programs to covered members.
19 (b) RECRUITMENT.—The Secretary shall consult with
20 officials and employees of the Department of Labor who
21 have experience with registered apprenticeship programs
22 to facilitate the Secretary entering into agreements with
23 entities that offer positions described in subsection (a) in
24 areas where the Secretary determines few such positions
25 are available to covered members.
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1 (c) DEFINITIONS.—In this section:
2 (1) The term ‘‘covered member’’ means a mem-
3 ber of the Armed Forces eligible for Skillbridge.
4 (2) The term ‘‘registered apprenticeship pro-
5 gram’’ means an apprenticeship program registered
6 under the Act of August 16, 1937 (commonly known
7 as the ‘‘National Apprenticeship Act’’; 50 Stat. 664,
8 chapter 663; 29 U.S.C. 50 et seq.).
9 (3) The term ‘‘Skillbridge’’ means an employ-
10 ment skills training program under section 1143(e)
11 of title 10, United States Code, as amended by sec-
12 tion 563 of this Act.
13 SEC. 568. TRAINING ON CONSEQUENCES OF COMMITTING A
14 CRIME IN PRESEPARATION COUNSELING OF
15 THE TRANSITION ASSISTANCE PROGRAM.
16 (a) ESTABLISHMENT.—Subsection (b) of section
17 1142 of title 10, United States Code, is amended by add-
18 ing at the end the following new paragraph:
19 ‘‘(20) Training regarding the consequences to
20 such a member who is convicted of a crime, specifi-
21 cally regarding the loss of benefits from the Federal
22 Government to such member.’’.
23 (b) IMPLEMENTATION DATE.—The Secretary con-
24 cerned shall carry out paragraph (20) of such subsection,
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1 as added by subsection (a), not later than one year after
2 the date of the enactment of this Act.
3 (c) DEVELOPMENT.—The Secretary of Defense shall
4 develop the training under such paragraph.
5 (d) PROGRESS BRIEFING.—Not later than 180 days
6 of the enactment of this Act, the Secretary of Defense
7 shall provide a briefing to the Committees on Armed Serv-
8 ices of the Senate and House of Representatives regarding
9 progress of the Secretary in preparing the training under
10 such paragraph.
11 SEC. 569. PARTICIPATION OF MEMBERS OF THE RESERVE
12 COMPONENTS OF THE ARMED FORCES IN
13 THE SKILLBRIDGE PROGRAM.
14 Section 1143(e)(2) of title 10, United States Code,
15 is amended to read as follows:
16 ‘‘(2) A member of the armed forces is eligible
17 for a program under this subsection if—
18 ‘‘(A) the member—
19 ‘‘(i) has completed at least 180 days
20 on active duty in the armed forces; and
21 ‘‘(ii) is expected to be discharged or
22 released from active duty in the armed
23 forces within 180 days of the date of com-
24 mencement of participation in such a pro-
25 gram; or
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1 ‘‘(B) the member is a member of a reserve
2 component.’’.
3 SEC. 569A. ANNUAL REPORT ON MEMBERS SEPARATING
4 FROM ACTIVE DUTY WHO FILE CLAIMS FOR
5 DISABILITY BENEFITS.
6 (a) REPORT REQUIRED.—Not later than one year
7 after the date of the enactment of this Act, and not later
8 than each January 1 thereafter, the Secretary of Defense
9 and the Secretary of Veterans Affairs, shall jointly submit
10 to the appropriate congressional committees a report on
11 members of the Armed Forces who file claims for dis-
12 ability benefits.
13 (b) ELEMENTS.—The report under this section shall
14 include, for the period beginning on October 1, 2019,
15 through the month that ended most recently before the
16 date of the report, the number of members serving on ac-
17 tive duty, disaggregated by Armed Force, who filed a
18 claim for disability benefits—
19 (1) more than 180 days before the discharge or
20 release of such member from active duty;
21 (2) between 180 and 90 days before the dis-
22 charge or release of such member from active duty;
23 (3) fewer than 90 days before the discharge or
24 release of such member from active duty;
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1 (4) before separation and was issued a decision
2 letter before the discharge or release of such member
3 from active duty;
4 (5) before separation and was issued a decision
5 letter after the discharge or release of such member
6 from active duty;
7 (6) completed a mental health evaluation before
8 the discharge or release of such member from active
9 duty; and
10 (7) did not complete a mental health evaluation
11 before the discharge or release of such member from
12 active duty.
13 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
14 FINED.—In this section, the term ‘‘appropriate congres-
15 sional committees’’ means the following:
16 (1) The Committees on Armed Services of the
17 Senate and House of Representatives.
18 (2) The Committees on Veterans’ Affairs of the
19 Senate and House of Representatives.
20 SEC. 569B. OUTREACH TO MEMBERS REGARDING POSSIBLE
21 TOXIC EXPOSURE.
22 (a) ESTABLISHMENT.—Not later than 180 days after
23 the date of the enactment of this Act, the Secretary of
24 Defense, in consultation with the Secretary of Veterans
25 Affairs, shall establish—
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1 (1) a new risk assessment for toxic exposure for
2 members of the Armed Forces assigned to work near
3 burn pits; and
4 (2) an outreach program to inform such mem-
5 bers regarding such toxic exposure. Such program
6 shall include information regarding benefits and sup-
7 port programs furnished by the Secretary (including
8 eligibility requirements and timelines) regarding
9 toxic exposure.
10 (b) PROMOTION.—The Secretary shall promote the
11 program to members described in subsection (a) by direct
12 mail, email, text messaging, and social media.
13 (c) PUBLICATION.—Not later than one year after the
14 date of the enactment of this Act, the Secretary shall pub-
15 lish on a website of the Department of Defense a list of
16 resources furnished by the Secretary for—
17 (1) members and veterans who experienced
18 toxic exposure in the course of serving as a member
19 of the Armed Forces;
20 (2) dependents and caregivers of such members
21 and veterans; and
22 (3) survivors of such members and veterans
23 who receive death benefits under laws administered
24 by the Secretary.
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1 (d) TOXIC EXPOSURE DEFINED.—In this section, the
2 term ‘‘toxic exposure’’ has the meaning given such term
3 in section 631 of the Jeff Miller and Richard Blumenthal
4 Veterans Health Care and Benefits Improvement Act of
5 2016 (Public Law 114–315; 38 U.S.C. 1116 note).
6 SEC. 569C. ACTIVITIES TO ASSIST THE TRANSITION OF
7 MEMBERS OF THE ARMED FORCES AND VET-
8 ERANS INTO CAREERS IN EDUCATION.
9 (a) VETERANS-TO-CLASSROOMS PROGRAM.—
10 (1) MODIFICATION AND REDESIGNATION OF
11 PROGRAM.—Section 1154 of title 10, United States
12 Code, is amended—
13 (A) in the section heading, by striking:
14 ‘‘employment as teachers: Troops-to-
15 Teachers Program’’ and inserting ‘‘em-
16 ployment in schools: Veterans-to-
17 Classrooms Program’’;
18 (B) in subsection (a)—
19 (i) by redesignating paragraphs (2)
20 through (8) as paragraphs (4) through
21 (10), respectively;
22 (ii) by inserting after paragraph (1)
23 the following new paragraphs:
24 ‘‘(2) SECRETARY.—The term ‘Secretary’ means
25 the Secretary of Defense.
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1 ‘‘(3) COVERED POSITION.—
2 ‘‘(A) The term ‘covered position’ means a
3 full-time position in an eligible school as—
4 ‘‘(i) a teacher, including an elemen-
5 tary school teacher, a secondary school
6 teacher, and a career and technical edu-
7 cation teacher;
8 ‘‘(ii) a school leader;
9 ‘‘(iii) a school administrator;
10 ‘‘(iv) a nurse;
11 ‘‘(v) a principal;
12 ‘‘(vi) a counselor;
13 ‘‘(vii) a teaching aide;
14 ‘‘(viii) specialized instructional sup-
15 port personnel;
16 ‘‘(ix) a school resource officer; or
17 ‘‘(x) a contractor who performs the
18 functions of a position described in any of
19 clauses (i) through (viii).’’;
20 (iii) by amending paragraph (4), as so
21 redesignated, to read as follows:
22 ‘‘(4) ELIGIBLE SCHOOL.—The term ‘eligible
23 school’ means—
24 ‘‘(A) a public elementary school, including
25 a public elementary charter school;
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1 ‘‘(B) a public secondary school, including a
2 public secondary charter school; or
3 ‘‘(C) a Bureau-funded school as defined in
4 section 1141(3) of the Education Amendments
5 of 1978 (25 U.S.C. 2021(3)).’’;
6 (iv) in paragraph (8), as so redesig-
7 nated, by striking ‘‘Troops-to-Teachers’’
8 and inserting ‘‘Veterans-to-Classrooms’’;
9 (v) by striking paragraph (9), as so
10 redesignated, and inserting the following
11 new paragraph (9):
12 ‘‘(9) SCHOOL RESOURCE OFFICER.—The term
13 ‘school resource officer’ has the meaning given that
14 term in section 1709(4) of the Omnibus Crime Con-
15 trol and Safe Streets Act of 1968 (34 U.S.C.
16 10389(4)).’’; and
17 (vi) in paragraph (10), as so redesig-
18 nated, by striking ‘‘and ‘State’ ’’ and in-
19 serting ‘‘ ‘specialized instructional support
20 personnel’, and ‘State’ ’’;
21 (C) in subsection (b)—
22 (i) in the matter preceding paragraph
23 (1), by striking ‘‘Secretary of Defense may
24 carry out a Troops-to-Teachers Program’’
25 and inserting ‘‘The Secretary of Defense,
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1 in consultation with the Secretary of Edu-
2 cation, may carry out a Veterans-to-Class-
3 rooms Program’’;
4 (ii) in paragraph (1), by striking ‘‘be-
5 come a teacher’’ and inserting ‘‘obtain a
6 covered position’’; and
7 (iii) by amending subparagraph (A) of
8 paragraph (2) to read as follows:
9 ‘‘(A) by local educational agencies or char-
10 ter schools in States with a shortage of individ-
11 uals to fill covered positions, as determined by
12 the Secretary of Education.’’;
13 (D) in subsection (d)(4)(A)—
14 (i) in clause (i), by striking ‘‘or career
15 or technical subjects’’ and inserting ‘‘ca-
16 reer and technical education, or subjects
17 relating to a covered position’’; and
18 (ii) in clause (ii), by inserting ‘‘in a
19 covered position or’’ after ‘‘seek employ-
20 ment’’;
21 (E) in subsection (e)—
22 (i) in paragraph (1)(A)—
23 (I) in clause (i), by striking ‘‘be-
24 come a teacher’’ and inserting ‘‘obtain
25 a covered position’’; and
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1 (II) in clause (ii), by striking ‘‘as
2 an elementary school teacher’’ and all
3 that follows through the period at the
4 end and inserting ‘‘in a covered posi-
5 tion for not less than three school
6 years in an eligible school to begin the
7 school year after the member obtains
8 the professional credentials required
9 for the position involved’’; and
10 (ii) in paragraph (2)(E), by striking
11 ‘‘as a teacher in an eligible elementary
12 school or secondary school or as a career
13 or technical teacher’’ and inserting ‘‘in a
14 covered position’’; and
15 (iii) in paragraph (3)—
16 (I) in subparagraph (A)—
17 (aa) in the first sentence, by
18 striking ‘‘educational level, cer-
19 tification, or licensing’’ and in-
20 serting ‘‘educational level, certifi-
21 cation, licensing, or other profes-
22 sional credentials’’; and
23 (bb) in the second sentence,
24 by striking ‘‘$5,000’’ and insert-
25 ing ‘‘$9,000 (except as adjusted
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1 by the Secretary in accordance
2 with subparagraph (D))’’;
3 (II) in subparagraph (B)—
4 (aa) in clause (i), by striking
5 ‘‘as an elementary school teacher,
6 secondary school teacher, or ca-
7 reer or technical teacher’’ and in-
8 serting ‘‘in a covered position’’;
9 and
10 (bb) in clause (ii), by strik-
11 ing ‘‘may not exceed $5,000, un-
12 less the eligible school is a high-
13 need school, in which case the
14 amount of the bonus may not ex-
15 ceed $10,000’’ and inserting
16 ‘‘may not exceed $9,000 (except
17 as adjusted by the Secretary in
18 accordance with subparagraph
19 (D)), unless the eligible school is
20 a high-need school, in which case
21 the amount of the bonus may not
22 exceed $18,000 (except as so ad-
23 justed)’’;
24 (III) in subparagraph (C)—
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1 (aa) in clause (i), by striking
2 ‘‘5,000’’ and inserting ‘‘20,000’’;
3 (bb) in clause (ii), by strik-
4 ing ‘‘3,000’’ and inserting
5 ‘‘5,000’’; and
6 (cc) in clause (iv), by strik-
7 ing ‘‘$10,000’’ and inserting
8 ‘‘$18,000 (except as adjusted by
9 the Secretary in accordance with
10 subparagraph (D))’’; and
11 (IV) by adding at the end the fol-
12 lowing:
13 ‘‘(D)(i) The Secretary may adjust the dollar
14 amounts set forth in subparagraphs (A), (B)(ii), and
15 (C)(iv) to reflect changes in the Consumer Price
16 Index over the applicable period.
17 ‘‘(ii) In this subparagraph, the term ‘applicable
18 period’ means—
19 ‘‘(I) with respect to an initial adjustment
20 under clause (i), the period that has elapsed
21 since the date of the enactment of the TEAMS
22 Act; or
23 ‘‘(II) with respect to any adjustment after
24 the initial adjustment, the period that has
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1 elapsed since the date of the most recent ad-
2 justment under clause (i).’’;
3 (F) in subsection (f)(1)—
4 (i) in subparagraph (A)—
5 (I) by striking ‘‘become a teach-
6 er’’ and inserting ‘‘obtain a covered
7 position’’; and
8 (II) by striking ‘‘as an elemen-
9 tary school teacher, secondary school
10 teacher, or career or technical teach-
11 er’’ and insert ‘‘in a covered position’’;
12 and
13 (ii) in subparagraph (B), by striking
14 ‘‘, employment as an elementary school
15 teacher, secondary school teacher, or ca-
16 reer or technical teacher’’ and inserting
17 ‘‘employment in a covered position’’;
18 (G) in subsection (h)(2)(A), by striking
19 ‘‘as elementary school teachers, secondary
20 school teachers, and career or technical teach-
21 ers’’ and inserting ‘‘in covered positions’’;
22 (H) by adding at the end the following new
23 subsections:
24 ‘‘(j) PARTNERSHIPS.—
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1 ‘‘(1) IN GENERAL.—The Secretary may enter
2 into one or more partnerships with States, local edu-
3 cational agencies, or covered entities—
4 ‘‘(A) to help sustain and expand the reach
5 of the Veterans-to-Classrooms Program to pro-
6 mote careers in education among current and
7 future veterans under this section;
8 ‘‘(B) to provide information on the Pro-
9 gram in accordance with subsection (k)(2) in
10 widely available, user-friendly formats;
11 ‘‘(C) to help recruit more veterans, includ-
12 ing veterans who are retired law enforcement
13 officers, and service members who are within 6
14 months of transitioning out of the military into
15 new careers in education;
16 ‘‘(D) to promote careers in education
17 among current and future veterans by providing
18 veterans with information on other employment
19 transition programs, including—
20 ‘‘(i) the Veterans’ Employment &
21 Training Service and the National Vet-
22 erans’ Training Institute of the Depart-
23 ment of Labor;
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1 ‘‘(ii) the transition assistance pro-
2 grams established under section 1144 of
3 this title;
4 ‘‘(iii) the SkillBridge and Career
5 Skills Programs of the Department of De-
6 fense;
7 ‘‘(iv) the AmeriCorps program carried
8 out under subtitle C of title I of the Na-
9 tional and Community Service Act of 1990
10 (42 U.S.C. 12571 et seq.); and
11 ‘‘(v) other transitional or educational
12 programs; and
13 ‘‘(E) to promote careers in education by
14 helping veterans learn about educational bene-
15 fits available to them, including Post-9/11 Edu-
16 cational Assistance, certification programs, and
17 applicable on-the-job training and apprentice-
18 ship programs, to help veterans get into an edu-
19 cational career field.
20 ‘‘(2) COVERED ENTITY DEFINED.—In this sub-
21 section, the term ‘covered entity’ means—
22 ‘‘(A) an entity qualifying as an exempt or-
23 ganization under section 501(c)(3) of the Inter-
24 nal Revenue Code of 1986; or
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1 ‘‘(B) an veterans service organization rec-
2 ognized by the Secretary of Veterans Affairs for
3 the representation of veterans under section
4 5902 of title 38.
5 ‘‘(k) PROGRAM INFORMATION.—
6 ‘‘(1) INFORMATION FROM SECRETARY.—The
7 Secretary shall make available, on a publicly acces-
8 sible website of the Department of Defense, the in-
9 formation described in paragraph (3).
10 ‘‘(2) INFORMATION FROM COVERED ENTI-
11 TIES.—Each State, local educational agency, and
12 covered entity that enters into a partnership with
13 the Secretary under paragraph (1) shall make avail-
14 able, on a publicly accessible website, the informa-
15 tion described in paragraph (3).
16 ‘‘(3) INFORMATION DESCRIBED.—The informa-
17 tion described in this subparagraph is information
18 on the Veterans-to-Classrooms program authorized
19 under this section, including a description of the ap-
20 plication process for the program and the potential
21 benefits of participating in the program.
22 ‘‘(l) BIENNIAL REVIEW.—Not less frequently than
23 once every two years, the Secretary shall submit to Con-
24 gress a report on the Veterans-to-Classrooms Program. At
25 minimum, the report shall include a comparison of the
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1 number of participants in the Program during the period
2 covered by the report relative to the number of stipends
3 authorized under the Program during such period.
4 ‘‘(m) PROCESS TO STREAMLINE APPLICATIONS.—
5 Not later than one year after the date of the enactment
6 of the TEAMS Act, the Secretary shall implement a proc-
7 ess to simplify the submission of applications under sub-
8 section (d)(2).’’.
9 (2) CLERICAL AMENDMENT.—The table of sec-
10 tions at the beginning of chapter 58 of such title is
11 amended by striking the item relating to section
12 1154 and inserting the following new item:
‘‘1154. Assistance to eligible members and former members to obtain employ-
ment in schools: Veterans-to-Classrooms Program.’’.
13 (3) EFFECTIVE DATE.—The amendments made
14 by paragraphs (1) and (2) shall take effect on the
15 date of the enactment of this Act.
16 (4) REFERENCES.—Beginning on the effective
17 date specified in paragraph (3), any reference in
18 Federal law (other than this Act), regulations, guid-
19 ance, instructions, or other documents of the Fed-
20 eral Government to the Troops-to-Teachers Program
21 shall be deemed to be a reference to the Veterans-
22 to-Classrooms Program.
23 (b) VETERANS EMPLOYABLE AS SCHOOL RESOURCE
24 OFFICERS.—Section 1709(4) of the Omnibus Crime Con-
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1 trol and Safe Streets Act of 1968 (34 U.S.C. 10389(4))
2 is amended by inserting after ‘‘a career law enforcement
3 officer, with sworn authority,’’ the following: ‘‘or a veteran
4 (as such term is defined in section 101(2) of title 38,
5 United States Code) who is hired by a State or local public
6 agency as a law enforcement officer for purposes of serv-
7 ing as a school resource officer, who is’’.
8 (c) TASK FORCE ON EDUCATION CAREERS FOR VET-
9 ERANS.—
10 (1) TASK FORCE.—Not later than 120 days
11 after the date of the enactment of this Act, the
12 President shall convene a task force to identify
13 strategies that may be used to assist veterans in ob-
14 taining employment in the field of education.
15 (2) RESPONSIBILITIES.—The task force con-
16 vened under paragraph (1) shall—
17 (A) consult regularly with veterans service
18 organizations in performing the duties of the
19 task force; and
20 (B) coordinate administrative and regu-
21 latory activities and develop proposals to—
22 (i) identify State licensing and certifi-
23 cation requirements that are excessive and
24 unnecessarily burdensome for veterans
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1 seeking to transition into careers in edu-
2 cation;
3 (ii) identify potential compensation
4 structures for educational employment that
5 include salary credit for prior military and
6 law enforcement experience;
7 (iii) recommend incentives to encour-
8 age educational employers to hire veterans;
9 (iv) assess the feasibility of estab-
10 lishing dedicated military veteran liaison
11 positions in school districts;
12 (v) examine how funds made available
13 for the Veterans-to-Classrooms Program
14 under section 1154 of title 10, United
15 States Code, may be used to conduct out-
16 reach, provide certification support, and
17 help States establish outreach centers for
18 veterans; and
19 (vi) explore how partnerships entered
20 by the Secretary under subsection (j) of
21 such section may be used to promote ca-
22 reers in education among veterans through
23 collaboration with relevant employment
24 transition programs, including the Transi-
25 tion Assistance Program, the SkillBridge
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1 and Career Skills Programs of the Depart-
2 ment of Defense, and the AmeriCorps pro-
3 gram.
4 (3) MEMBERSHIP.—The task force shall consist
5 of—
6 (A) the Secretary of Defense, or the des-
7 ignee of the Secretary, who shall be the head of
8 the task force;
9 (B) the Secretary of Education, or the des-
10 ignee of the Secretary;
11 (C) the Attorney General, or the designee
12 of the Attorney General;
13 (D) the Secretary of Veterans Affairs, or
14 the designee of the Secretary;
15 (E) the Secretary of Labor, or the designee
16 of the Secretary;
17 (F) the Director of the Office of Manage-
18 ment and Budget, or the designee of the Direc-
19 tor;
20 (G) four representatives from a veterans
21 service organization, selected by the President;
22 (H) a representative of the Administrative
23 Conference of the United States; and
24 (I) representatives of State and local gov-
25 ernments selected by the President, which may
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1 include representatives of State boards of edu-
2 cation and relevant State licensing agencies.
3 (4) REPORT.—
4 (A) IN GENERAL.—Not later than one year
5 after the date on which the task force is con-
6 vened under paragraph (1), the task force shall
7 submit to Congress a report that includes—
8 (i) a description of actions that may
9 be carried out by State and local govern-
10 ments to reduce barriers that interfere
11 with the ability of veterans to transition
12 into careers in education; and
13 (ii) recommendations for specific legis-
14 lative and regulatory actions that may be
15 carried out to reduce such barriers.
16 (B) PUBLIC AVAILABILITY.—The report
17 under subparagraph (A) shall be made available
18 on a publicly accessible website of the Depart-
19 ment of Defense.
20 (5) DEFINITION.—In this subsection, the term
21 ‘‘veterans service organization’’ means any organiza-
22 tion recognized by the Secretary of Veterans Affairs
23 for the representation of veterans under section
24 5902 of title 38, United States Code.
25 (d) FUNDING.—
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1 (1) AUTHORIZATION.—Notwithstanding the
2 amounts set forth in the funding tables in division
3 D, there are authorized to be appropriated
4 $240,000,000 to carry out the Veterans-to-Class-
5 rooms Program under section 1154 of title 10,
6 United States Code (as amended by subsection (a)).
7 (2) OFFSET.—Notwithstanding the amounts set
8 forth in the funding tables in division D, the amount
9 authorized to be appropriated in section 301 for Op-
10 eration and Maintenance, Defense-wide, Administra-
11 tion and Service-wide Activities, Line 500A, as spec-
12 ified in the corresponding funding table in section
13 4301, is hereby reduced by $240,000,000.
14 SEC. 569D. FUNDING FOR SKILLBRIDGE.
15 (a) INCREASE.—Notwithstanding the amounts set
16 forth in the funding tables in division D, the amount au-
17 thorized to be appropriated in section 4301, line 440 for
18 Office of Secretary of Defense, as specified in the cor-
19 responding funding table in section 4301, is hereby in-
20 creased by $5,000,000 for the Skillbridge program.
21 (b) OFFSET.—Notwithstanding the amounts set forth
22 in the funding tables in division D, the amount authorized
23 to be appropriated in section 301 for Operation and Main-
24 tenance, Defense-wide, for Washington Headquarters
25 Services, Line 500, as specified in the corresponding fund-
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1 ing table in section 4301, is hereby reduced by
2 $5,000,000.
3 SEC. 569E. FUNDING FOR SKILLBRIDGE FOR LAW EN-
4 FORCEMENT TRAINING.
5 (a) INCREASE.—Notwithstanding the amounts set
6 forth in the funding tables in division D, the amount au-
7 thorized to be appropriated in section 4301, line 440 for
8 Office of Secretary of Defense, as specified in the cor-
9 responding funding table in section 4301, is hereby in-
10 creased by $5,000,000. Such additional amounts shall be
11 for the Skillbridge program under section 1143(e) of title
12 10, United States Code, to provide training to members
13 of the Armed Forces to become law enforcement officers.
14 (b) OFFSET.—Notwithstanding the amounts set forth
15 in the funding tables in division D, the amount authorized
16 to be appropriated in section 301 for Operation and Main-
17 tenance, Defense-wide, for Washington Headquarters
18 Services, Line 500, as specified in the corresponding fund-
19 ing table in section 4301, is hereby reduced by
20 $5,000,000.
21 SEC. 569F. NUMBERS OF CERTAIN NOMINATIONS FOR CA-
22 DETS AT THE UNITED STATES MILITARY
23 ACADEMY.
24 Section 7442 of title 10, United States Code, is
25 amended—
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1 (1) in subsection (a), in the matter following
2 paragraph (10), by striking ‘‘10’’ and inserting
3 ‘‘15’’; and
4 (2) in subsection (b)(5), by striking ‘‘150’’ and
5 inserting ‘‘200’’.
6 SEC. 569G. PILOT TRANSITION ASSISTANCE PROGRAM FOR
7 MILITARY SPOUSES.
8 (a) ESTABLISHMENT.—Not later than 180 days after
9 the date of the enactment of this Act, the Secretary of
10 Defense shall establish a pilot transition assistance pro-
11 gram for covered individuals (in this section referred to
12 as the ‘‘pilot program’’).
13 (b) SERVICES.—The Secretary of Defense shall pro-
14 vide to a covered individual, who elects to participate in
15 the pilot program, services similar to those available under
16 TAP to members of the Armed Forces, including the fol-
17 lowing:
18 (1) Assessments of prior education, work his-
19 tory, and employment aspirations of covered individ-
20 uals, to tailor appropriate employment services.
21 (2) Preparation for employment through serv-
22 ices like mock interviews and salary negotiations,
23 training on professional networking platforms, and
24 company research.
25 (3) Job placement services.
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1 (4) Services offering guidance on available
2 health care resources, mental health resources, and
3 financial assistance resources.
4 (5) Training in mental health first aid to learn
5 how to assist someone experiencing a mental health
6 or substance use-related crisis.
7 (c) LOCATIONS.—The Secretary shall carry out the
8 pilot program at 12 military installations located in the
9 United States.
10 (d) DURATION.—The pilot program shall terminate
11 five years after enactment.
12 (e) REPORT.—Not later than two years after the date
13 of the enactment of this Act, the Secretary shall submit
14 to the Committees on Armed Services of the and House
15 of Representatives a report that includes—
16 (1) a description of the pilot program, including
17 a description of specific activities carried out under
18 this section; and
19 (2) the metrics and evaluations used to assess
20 the effectiveness of the pilot program.
21 (f) DEFINITIONS.—In this section:
22 (1) The term ‘‘covered individual’’ means a
23 spouse of a member of the Armed Forces eligible for
24 TAP.
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1 (2) The term ‘‘military installation’’ has the
2 meaning given such term in section 2801 of title 10,
3 United States Code.
4 (3) The term ‘‘TAP’’ means the Transition As-
5 sistance Program under sections 1142 and 1144 of
6 title 10, United States Code.
7 SEC. 569H. GUIDELINES FOR ACTIVE DUTY MILITARY ON
8 POTENTIAL RISKS AND PREVENTION OF
9 TOXIC EXPOSURES.
10 Not later than 90 days after the date of the enact-
11 ment of this Act, the Secretary of Defense and the Sec-
12 retary of Veterans Affairs, in consultation with the Sec-
13 retary of Health and Human Services and the Adminis-
14 trator of the Environmental Protection Agency, shall
15 jointly coordinate and establish guidelines to be used dur-
16 ing training of members of the Armed Forces serving on
17 active duty to provide the members awareness of the po-
18 tential risks of toxic exposures and ways to prevent being
19 exposed during combat.
20 SEC. 569I. GAO REPORT ON USE OF TRANSITION PRO-
21 GRAMS BY MEMBERS OF SPECIAL OPER-
22 ATIONS FORCES.
23 (a) STUDY.—The Comptroller General of the United
24 States shall review the use of DOD transition programs
25 by members assigned to special operations forces.
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1 (b) BRIEFING.—Not later than one year after the
2 date of the enactment of this Act, the Comptroller General
3 shall provide to the Committees on Armed Services of the
4 Senate and House of Representatives a briefing on the
5 preliminary findings of such review.
6 (c) REPORT.—The Comptroller General shall submit
7 to the committees identified in paragraph (b) a report con-
8 taining the final results of such review on a date agreed
9 to at the time of the briefing. The GAO review shall in-
10 clude an examination of the following:
11 (1) The extent to which members assigned to
12 special operations forces participate in DOD transi-
13 tion programs.
14 (2) What unique challenges such members face
15 in make the transition to civilian life and the extent
16 to which existing DOD transition programs address
17 those challenges.
18 (3) The extent to which the Secretary directs
19 such members to transition resources provided by
20 non-governmental entities.
21 (d) DEFINITIONS.—In this section:
22 (1) The term ‘‘DOD transition programs’’
23 means programs (including TAP and Skillbridge)
24 under laws administered by the Secretary of Defense
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1 that help members of the Armed Forces make the
2 transition to civilian life.
3 (2) The term ‘‘Skillbridge’’ means an employ-
4 ment skills training program under section 1143(e)
5 of title 10, United States Code
6 (3) The term ‘‘special operations forces’’ means
7 the forces described in section 167(j) of title 10,
8 United States Code.
9 (4) The term ‘‘TAP’’ means the Transition As-
10 sistance Program under sections 1142 and 1144 of
11 title 10, United States Code.
12 SEC. 569J. GAO REPORT ON SCREENINGS INCLUDED IN
13 THE HEALTH ASSESSMENT FOR MEMBERS
14 SEPARATING FROM THE ARMED FORCES.
15 Not later than 180 days after the date of the enact-
16 ment of this Act, the Comptroller General of the United
17 States shall submit to the Committees on Armed Services
18 of the Senate and House of Representatives a report on
19 screenings included in the health assessment administered
20 to members separating from the the Armed Forces. Such
21 report shall include the following elements:
22 (1) A list of screenings are included in such as-
23 sessment.
24 (2) Whether such screenings—
25 (A) are uniform across the Armed Forces;
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1 (B) include questions to assess if the mem-
2 ber is at risk for social isolation, homelessness,
3 or substance abuse; and
4 (C) include questions about community.
5 (3) How many such screenings result in referral
6 of a member to—
7 (A) community services;
8 (B) community services other than medical
9 services; and
10 (C) a veterans service organization.
11 (4) An assessment of the effectiveness of refer-
12 rals described in paragraph (3).
13 (5) How organizations, including veterans serv-
14 ice organizations, perform outreach to members in
15 underserved communities.
16 (6) The extent to which organizations described
17 in paragraph (5) perform such outreach.
18 (7) The effectiveness of outreach described in
19 paragraph (6).
20 (8) The annual amount of Federal funding for
21 services and organizations described in paragraphs
22 (3) and (5).
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1 SEC. 569K. DEPARTMENT OF DEFENSE REPORT ON THIRD-
2 PARTY JOB SEARCH TECHNOLOGY.
3 Not later than 180 days after the date of enactment
4 of this Act, the Secretary of Defense shall submit to Con-
5 gress a report on potential partnership opportunities with
6 companies that provide third-party job search software to
7 assist active duty service members and veterans up to two
8 years post-separation from the military find employment
9 following their active duty service. Such report shall in-
10 clude the potential use and effectiveness of any such part-
11 nerships.
12 Subtitle H—Military Family Readi-
13 ness and Dependents’ Education
14 SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZA-
15 TION OF SUPPORT FOR CHAPLAIN-LED PRO-
16 GRAMS FOR MEMBERS OF THE ARMED
17 FORCES.
18 Section 1789 of title 10, United States Code, is
19 amended—
20 (1) in subsection (a)—
21 (A) by striking ‘‘chaplain-led programs’’
22 and inserting ‘‘a chaplain-led program’’;
23 (B) by striking ‘‘members of the armed
24 forces’’ and all that follows through ‘‘status and
25 their immediate family members,’’ and inserting
26 ‘‘a covered individual’’; and
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1 (C) by inserting ‘‘, or to support the resil-
2 iency, suicide prevention, or holistic wellness of
3 such covered individual’’ after ‘‘structure’’;
4 (2) in subsection (b)—
5 (A) by striking ‘‘members of the armed
6 forces and their family members’’ and inserting
7 ‘‘a covered individual’’;
8 (B) by striking ‘‘programs’’ and inserting
9 ‘‘a program’’; and
10 (C) by striking ‘‘retreats and conferences’’
11 and inserting ‘‘a retreat or conference’’; and
12 (3) by striking subsection (c) and inserting the
13 following:
14 ‘‘(c) COVERED INDIVIDUAL DEFINED.—In this sec-
15 tion, the term ‘covered individual’ means—
16 ‘‘(1) a member of the armed forces on active
17 duty;
18 ‘‘(2) a member of the reserve components in an
19 active status; or
20 ‘‘(3) a dependent of an individual described in
21 subparagraph (A) or (B).’’.
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1 SEC. 572. RIGHTS OF PARENTS OF CHILDREN ATTENDING
2 SCHOOLS OPERATED BY THE DEPARTMENT
3 OF DEFENSE EDUCATION ACTIVITY.
4 (a) IN GENERAL.—Chapter 108 of title 10, United
5 States Code, is amended by inserting after section 2164
6 the following new section:
7 ‘‘§ 2164a. Rights of parents of children attending
8 schools operated by the Department of
9 Defense Education Activity
10 ‘‘(a) IN GENERAL.—The parent of a child who at-
11 tends a school operated by the Department of Defense
12 Education Activity has the following rights:
13 ‘‘(1) The right to review the curriculum of the
14 school.
15 ‘‘(2) The right to be informed if the school or
16 Department of Defense Education Activity alters the
17 school’s academic standards or learning benchmarks.
18 ‘‘(3) The right to meet with each teacher of
19 their child not less than twice during each school
20 year.
21 ‘‘(4) The right to review the budget, including
22 all revenues and expenditures, of the school.
23 ‘‘(5) The right to review all instructional mate-
24 rials and teacher professional development materials
25 used by the school.
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1 ‘‘(6) The right to inspect a list of the books and
2 other reading materials contained in the library of
3 the school.
4 ‘‘(7) The right to address the school advisory
5 committee or the school board.
6 ‘‘(8) The right to information about the school’s
7 discipline policy and any violent activity in the
8 school.
9 ‘‘(9) The right to information about any plans
10 to eliminate gifted and talented programs or acceler-
11 ated coursework at the school.
12 ‘‘(10) The right to be informed of the results of
13 drinking water testing at school facilities.
14 ‘‘(b) DISCLOSURES AND NOTIFICATIONS.—Con-
15 sistent with the parental rights specified in subsection (a),
16 a school operated by the Department of Defense Edu-
17 cation Activity shall—
18 ‘‘(1) post on a publicly accessible website of the
19 school—
20 ‘‘(A) the curriculum for each course and
21 grade level;
22 ‘‘(B) the academic standards or other
23 learning benchmarks used by the school;
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1 ‘‘(C) notice of any proposed revisions to
2 such standards or benchmarks and a copy of
3 any such revisions;
4 ‘‘(D) the budget for the school year, in-
5 cluding all revenues and expenditures (including
6 expenditures made for items and services pro-
7 vided by private entities); and
8 ‘‘(E) the results of drinking water testing
9 at school facilities;
10 ‘‘(2) provide the parents of a child attending
11 the school with—
12 ‘‘(A) the opportunity to meet in-person
13 with each teacher of their child not less fre-
14 quently than twice during each school year at a
15 time mutually agreed upon by both parties; and
16 ‘‘(B) notice of such opportunity at the be-
17 ginning of each school year;
18 ‘‘(3) make all instructional and educator profes-
19 sional development materials, including teachers’
20 manuals, films, tapes, books or other reading mate-
21 rials, or other supplementary materials used in any
22 survey, analysis, or evaluation, available for inspec-
23 tion by the parents of children attending the school;
24 ‘‘(4) at the beginning of each school year, pro-
25 vide parents a list of reading materials in the school
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1 library, including a list of any reading materials that
2 were added to or removed from the list of materials
3 from the prior year;
4 ‘‘(5) notify parents in a timely manner of any
5 plans to eliminate gifted and talented programs or
6 accelerated coursework at the school;
7 ‘‘(6) except as provided in paragraph (7), notify
8 parents of any medical examinations or screenings
9 the school may administer to their child and receive
10 written consent from parents for any such examina-
11 tion or screening prior to conducting the examina-
12 tion or screening;
13 ‘‘(7) in the event of an emergency that requires
14 a medical examination or screening without time for
15 parental notification, promptly notify parents of
16 such examination or screening and, not later than
17 24 hours after the incident occurs, provide an expla-
18 nation of the emergency that prevented notification
19 prior to such examination or screening;
20 ‘‘(8) notify parents of any medical information
21 that will be collected on their child, receive written
22 parental consent prior to collecting such information,
23 and provide parents an opportunity to inspect such
24 information at the parent’s request; and
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1 ‘‘(9) notify parents of any policy changes involv-
2 ing their reporting obligations under the Family Ad-
3 vocacy Program of the Department of Defense.
4 ‘‘(c) SCHOOL ADVISORY COMMITTEES AND
5 BOARDS.—Not less frequently than twice per year, a
6 school advisory committee or school board for a school op-
7 erated by the Department of Defense Education Activity
8 shall provide parents of children attending the school with
9 the opportunity to address the advisory committee or
10 school board on any matters relating to the school or the
11 educational services provided to their children.
12 ‘‘(d) DEFINITION.—In this section, the term ‘school
13 operated by the Department of Defense Education Activ-
14 ity’ means—
15 ‘‘(1) a Department of Defense domestic depend-
16 ent elementary or secondary school, as described in
17 section 2164 of this title; or
18 ‘‘(2) any elementary or secondary school or pro-
19 gram for dependents operated by the Department of
20 Defense Education Activity.’’.
21 (b) CLERICAL AMENDMENT.—The table of sections
22 at the beginning of such chapter is amended by inserting
23 after the item relating to section 2164 the following new
24 item:
‘‘2164a. Rights of parents of children attending schools operated by the Depart-
ment of Defense Education Activity.’’.
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1 SEC. 573. EXPANSION OF PILOT PROGRAM TO PROVIDE FI-
2 NANCIAL ASSISTANCE TO MEMBERS OF THE
3 ARMED FORCES FOR IN-HOME CHILD CARE.
4 Section 589(b) of the William M. (Mac) Thornberry
5 National Defense Authorization Act for Fiscal Year 2021
6 (Public Law 116–283; 10 U.S.C. 1791 note) is amended
7 by striking ‘‘five locations’’ and inserting ‘‘six locations’’.
8 SEC. 574. EXTENSION OF PILOT PROGRAM TO EXPAND ELI-
9 GIBILITY FOR ENROLLMENT AT DOMESTIC
10 DEPENDENT ELEMENTARY AND SECONDARY
11 SCHOOLS.
12 Section 589C(e) of the William M. (Mac) Thornberry
13 National Defense Authorization Act for Fiscal Year 2021
14 (Public Law 116–283; 10 U.S.C. 2164 note) is amended
15 by striking ‘‘four years’’ and inserting ‘‘eight years’’.
16 SEC. 575. ADVISORY PANEL ON COMMUNITY SUPPORT FOR
17 MILITARY FAMILIES WITH SPECIAL NEEDS.
18 Section 563(d) of the National Defense Authorization
19 Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C.
20 1781c note) is amended—
21 (1) by amending paragraph (2) to read as fol-
22 lows:
23 ‘‘(2) MEMBERS.—The advisory panel shall con-
24 sist of the following members, appointed by the Sec-
25 retary of Defense:
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1 ‘‘(A) Nine individuals from military fami-
2 lies with special needs, with respect to whom
3 the Secretary shall ensure that—
4 ‘‘(i) one individual is the spouse of an
5 enlisted member;
6 ‘‘(ii) one individual is the spouse of an
7 officer in a grade below O–6;
8 ‘‘(iii) one individual is a junior en-
9 listed member;
10 ‘‘(iv) one individual is a junior officer;
11 ‘‘(v) individuals reside in different ge-
12 ographic regions;
13 ‘‘(vi) one individual is a member serv-
14 ing at a remote installation or is a member
15 of the family of such a member; and
16 ‘‘(vii) at least two individuals are
17 members serving on active duty, each with
18 a dependent who—
19 ‘‘(I) is enrolled in the Excep-
20 tional Family Member Program; and
21 ‘‘(II) has an individualized edu-
22 cation program.
23 ‘‘(B) One representative of the Defense
24 Health Agency.
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1 ‘‘(C) One representative of the Department
2 of Defense Education Activity.
3 ‘‘(D) One representative of the Office of
4 Special Needs of the Department of Defense.
5 ‘‘(E) One or more representatives of advo-
6 cacy groups with missions relating to the Ex-
7 ceptional Family Member Program of the De-
8 partment of Defense.
9 ‘‘(F) One or more adult dependents en-
10 rolled in the Exceptional Family Member Pro-
11 gram of the Department of Defense.’’; and
12 (2) by adding at the end the following new
13 paragraph:
14 ‘‘(5) TRANSPARENCY AND ACCESSIBILITY.—The
15 advisory panel shall—
16 ‘‘(A) provide advice that is relevant, objec-
17 tive, and transparent;
18 ‘‘(B) ensure that any meetings or other
19 proceedings of the advisory panel are accessible
20 to the public; and
21 ‘‘(C) make available on a publicly acces-
22 sible website—
23 ‘‘(i) meeting announcements;
24 ‘‘(ii) minutes of meetings;
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1 ‘‘(iii) the names of council representa-
2 tives; and
3 ‘‘(iv) regular updates on the progress
4 of the panel in fulfilling the duties speci-
5 fied in paragraph (3).’’.
6 SEC. 576. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL
7 AGENCIES THAT BENEFIT DEPENDENTS OF
8 MILITARY AND CIVILIAN PERSONNEL.
9 (a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL
10 EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS
11 OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
12 OF DEFENSE CIVILIAN EMPLOYEES.—Of the amount au-
13 thorized to be appropriated for fiscal year 2023 by section
14 301 and available for operation and maintenance for De-
15 fense-wide activities as specified in the funding table in
16 section 4301, $53,000,000 shall be available only for the
17 purpose of providing assistance to local educational agen-
18 cies under subsection (a) of section 572 of the National
19 Defense Authorization Act for Fiscal Year 2006 (Public
20 Law 109–163; 20 U.S.C. 7703b).
21 (b) IMPACT AID FOR CHILDREN WITH SEVERE DIS-
22 ABILITIES.—Of the amount authorized to be appropriated
23 for fiscal year 2023 pursuant to section 301 and available
24 for operation and maintenance for Defense-wide activities
25 as specified in the funding table in section 4301,
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1 $22,000,000 shall be available for payments under section
2 363 of the Floyd D. Spence National Defense Authoriza-
3 tion Act for Fiscal Year 2001 (as enacted into law by Pub-
4 lic Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).
5 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In
6 this section, the term ‘‘local educational agency’’ has the
7 meaning given that term in section 7013(9) of the Ele-
8 mentary and Secondary Education Act of 1965 (20 U.S.C.
9 7713(9)).
10 SEC. 577. VERIFICATION OF REPORTING OF ELIGIBLE FED-
11 ERALLY CONNECTED CHILDREN FOR PUR-
12 POSES OF FEDERAL IMPACT AID PROGRAMS.
13 (a) CERTIFICATION.—On an annual basis, each com-
14 mander of a military installation under the jurisdiction of
15 the Secretary of a military department shall submit to
16 such Secretary a written certification verifying whether
17 the commander has confirmed the information contained
18 in all impact aid source check forms received from local
19 educational agencies as of the date of such certification.
20 (b) REPORT.—Not later June 30 of each year, each
21 Secretary of a military department shall submit to the
22 congressional defense committees a report, based on the
23 information received under subsection (a), that identi-
24 fies—
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1 (1) each military installation under the jurisdic-
2 tion of such Secretary that has confirmed the infor-
3 mation contained in all impact aid source check
4 forms received from local educational agencies as of
5 the date of the report; and
6 (2) each military installation that has not con-
7 firmed the information contained in such forms as of
8 such date.
9 SEC. 578. EFMP GRANT PROGRAM.
10 (a) ESTABLISHMENT.—The Secretary of Defense
11 shall establish a program to award grants to, and enter
12 into agreements with, eligible entities under which partici-
13 pating eligible entities shall provide, to covered members
14 assigned to PRIs, services described in subsection (b).
15 (b) SERVICES.—Services described in this subsection
16 are the provision of—
17 (1) training and information that help a cov-
18 ered dependent—
19 (A) meet developmental, functional, and
20 academic goals; and
21 (B) prepare to lead a productive and inde-
22 pendent adult life;
23 (2) training and information that help a cov-
24 ered member—
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1 (A) better understand the disabilities and
2 educational, developmental, and transitional
3 needs of the covered dependent of such covered
4 member;
5 (B) participate in the development of an
6 individualized education program for the cov-
7 ered dependent;
8 (C) communicate effectively and work col-
9 laboratively with individuals responsible for pro-
10 viding, to covered dependents, special education,
11 early intervention services, transition services,
12 and related services; and
13 (D) resolve a dispute, regarding education
14 or services described in subparagraph (C), as
15 expeditiously and effectively as possible, includ-
16 ing encouraging the use, and explaining the
17 benefits, of alternative methods of dispute reso-
18 lution; and
19 (3) if an eligible entity is not a PTI—
20 (A) information regarding services offered
21 by the local PTI (about which the eligible entity
22 shall consult with the local PTI not less than
23 once each quarter year); and
24 (B) referrals of covered members to the
25 local PTI.
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1 (c) CO-LOCATION.—To the extent practical, the Sec-
2 retary shall ensure that an eligible entity that participates
3 in the program under this section shall provide services
4 described in subsection (b) at a location on the military
5 installation concerned where the Secretary furnishes other
6 services under the EFMP.
7 (d) IMPLEMENTATION.—The Secretary shall imple-
8 ment the program under this section at—
9 (1) six PRIs (one PRI for each covered Armed
10 Force and one joint PRI) not later than two years
11 after the date of the enactment of this Act; and
12 (2) all PRIs not later than four years after the
13 date of the enactment of this Act.
14 (e) PLAN.— Not later than one year after the date
15 of the enactment of this Act, the Secretary shall submit
16 to the appropriate congressional committees the plan of
17 the Secretary to implement the program under this sec-
18 tion.
19 (f) REPORT.—Not later than two years after the Sec-
20 retary implements the program under this section, the
21 Secretary shall submit to the appropriate congressional
22 committees a report on implementation of the program.
23 Such report shall include evaluations of the following:
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1 (1) Satisfaction of covered members and cov-
2 ered dependents who receive services under such
3 program.
4 (2) Adherence of schools, with respect to cov-
5 ered dependents described in paragraph (1), to—
6 (A) individualized education programs; and
7 (B) plans under section 504 of the Reha-
8 bilitation Act of 1973 (Public Law 93–112; 29
9 U.S.C. 794).
10 (g) DEFINITIONS.—In this section:
11 (1) The term ‘‘appropriate congressional com-
12 mittees’’ means the following:
13 (A) The congressional defense committees.
14 (B) The Committee on Transportation and
15 Infrastructure of the House of Representatives.
16 (C) The Committee on Commerce, Science,
17 and Transportation of the Senate.
18 (2) The term ‘‘congressional defense commit-
19 tees’’ has the meaning given such term in section
20 101 of title 10, United States Code.
21 (3) The term ‘‘covered Armed Force’’ means an
22 Armed Force under the jurisdiction of the Secretary
23 of a military department.
24 (4) The term ‘‘covered dependent’’ means a de-
25 pendent—
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1 (A) of a member of a covered Armed
2 Force;
3 (B) who is a minor; and
4 (C) who is enrolled in the EFMP.
5 (5) The term ‘‘covered member’’ means a mem-
6 ber—
7 (A) of a covered Armed Force; and
8 (B) with a covered dependent.
9 (6) The term ‘‘EFMP’’ means an Exceptional
10 Family Member Program of the Department of De-
11 fense under section 1781c(e) of title 10, United
12 States Code.
13 (7) The term ‘‘eligible entity’’ means a private,
14 nonprofit entity, or an institution of higher edu-
15 cation, that the Secretary of Defense determines ap-
16 propriate to provide services described in subsection
17 (b).
18 (8) The term ‘‘individualized education pro-
19 gram’’ has the meaning given such term in section
20 614 of the Individuals with Disabilities Education
21 Act (20 U.S.C. 1414).
22 (9) The term ‘‘institution of higher education’’
23 has the meaning given such term in section 101 of
24 the Higher Education Act of 1965 (20 U.S.C.
25 1001).
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1 (10) The term ‘‘PRI’’ means a primary receiv-
2 ing installation, as that term is used in section 582
3 of the William M. (Mac) Thornberry National De-
4 fense Authorization Act for Fiscal Year 2021 (Pub-
5 lic Law 116–283; 10 U.S.C. 1781c note).
6 (11) The term ‘‘PTI’’ means a parent training
7 and information center, as that term is defined in
8 section 602 of the Individuals with Disabilities Edu-
9 cation Act (Public Law 91–230; 20 U.S.C. 1401).
10 SEC. 579. PROMOTION OF CERTAIN CHILD CARE ASSIST-
11 ANCE.
12 (a) IN GENERAL.—Each Secretary concerned shall
13 promote, to members of the Armed Forces under the juris-
14 diction of such Secretary concerned, awareness of child
15 care assistance available under—
16 (1) section 1798 of title 10, United States
17 Code; and
18 (2) section 589 of the William M. (Mac) Thorn-
19 berry National Defense Authorization Act for Fiscal
20 Year 2021 (Public Law 116–283; 10 U.S.C. 1791
21 note).
22 (b) REPORTING.—Not later than one year after the
23 date of the enactment of this Act, each Secretary con-
24 cerned shall submit to the appropriate congressional com-
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1 mittees a report summarizing activities taken by such Sec-
2 retary concerned to carry out subsection (a).
3 (c) DEFINITIONS.—In this section:
4 (1) The term ‘‘appropriate congressional com-
5 mittees’’ means the following:
6 (A) The Committees on Armed Services of
7 the Senate and House of Representatives.
8 (B) The Committees on Appropriations of
9 the Senate and House of Representatives.
10 (C) The Committee on Commerce, Science,
11 and Transportation of the Senate.
12 (D) The Committee on Transportation and
13 Infrastructure of the House of Representatives.
14 (2) The term ‘‘Secretary concerned’’ has the
15 meaning given such term in section 101 of title 10,
16 United States Code.
17 SEC. 579A. RECOMMENDATIONS FOR THE IMPROVEMENT
18 OF THE MILITARY INTERSTATE CHILDREN’S
19 COMPACT.
20 (a) RECOMMENDATIONS REQUIRED.—The Secre-
21 taries concerned, in consultation with States through the
22 Defense-State Liaison Office, shall develop recommenda-
23 tions to improve and fully implement the Military Inter-
24 state Children’s Compact.
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1 (b) CONSIDERATIONS.—In carrying out subsection
2 (a), the Secretaries concerned shall—
3 (1) identify any barriers—
4 (A) to the ability of a parent of a transfer-
5 ring military-connected child to enroll the child,
6 in advance, in an elementary or secondary
7 school in the State in which the child is trans-
8 ferring, without requiring the parent or child to
9 be physically present in the State; and
10 (B) to the ability of a transferring mili-
11 tary-connected child who receives special edu-
12 cation services to gain access to such services
13 and related supports in the State to which the
14 child transfers within the timeframes required
15 under the Individuals with Disabilities Edu-
16 cation Act (20 U.S.C. 1400 et seq.);
17 (2) consider the feasibility and advisability of—
18 (A) tracking and reporting the number of
19 families who use advanced enrollment in States
20 that offer advanced enrollment to military-con-
21 nected children;
22 (B) States clarifying in legislation that eli-
23 gibility for advanced enrollment requires only
24 written evidence of a permanent change of sta-
25 tion order, and does not require a parent of a
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1 military-connected child to produce a rental
2 agreement or mortgage statement; and
3 (C) the Secretary of Defense, in coordina-
4 tion with the Military Interstate Children’s
5 Compact, developing a letter or other memo-
6 randum that military families may present to
7 local educational agencies that outlines the pro-
8 tections afforded to military-connected children
9 by the Military Interstate Children’s Compact;
10 and
11 (3) identify any other actions that may be
12 taken by the States (acting together or separately)
13 to improve the Military Interstate Children’s Com-
14 pact.
15 (c) REPORT REQUIRED.—Not later than 180 days
16 after the date of the enactment of this Act, the Secretaries
17 concerned shall submit to the appropriate congressional
18 committees and to the States a report setting forth the
19 recommendations developed under subsection (a).
20 (d) DEFINITIONS.—In this section:
21 (1) The term ‘‘appropriate congressional com-
22 mittees’’ means—
23 (A) the congressional defense committees;
24 (B) the Committee on Health, Education,
25 Labor, and Pensions and the Committee on
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1 Homeland Security and Governmental Affairs
2 of the Senate; and
3 (C) the Committee on Education and
4 Labor and the Committee on Homeland Secu-
5 rity of the House of Representatives.
6 (2) The terms ‘‘child’’, ‘‘elementary school’’,
7 ‘‘local educational agency’’, ‘‘secondary school’’,
8 ‘‘parent’’, and ‘‘State’’ have the meanings given
9 those terms in section 8101 of the Elementary and
10 Secondary Education Act of 1965 (20 U.S.C. 7801).
11 (3) The terms ‘‘armed forces’’, ‘‘active duty’’
12 and ‘‘congressional defense committees’’ have the
13 meanings given those terms in section 101 of title
14 10, United States Code.
15 (4) The term ‘‘transferring military-connected
16 child’’ means the child of a parent who—
17 (A) is serving on active duty in the Armed
18 Forces;
19 (B) is changing duty locations due to a
20 permanent change of station order; and
21 (C) has not yet established an ongoing
22 physical presence in the State to which the par-
23 ent is transferring.
24 (5) The term ‘‘Military Interstate Children’s
25 Compact’’ means the Interstate Compact on Edu-
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1 cational Opportunity for Military Children as de-
2 scribed in Department of Defense Instruction
3 1342.29, dated January 31, 2017 (or any successor
4 to such instruction).
5 (6) The term ‘‘Secretary concerned’’ means—
6 (A) the Secretary of Defense, with respect
7 to matters concerning the Department of De-
8 fense; and
9 (B) the Secretary of the department in
10 which the Coast Guard is operating, with re-
11 spect to matters concerning the Coast Guard
12 when it is not operating as a service in the De-
13 partment of the Navy.
14 SEC. 579B. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE
15 HIRING.
16 (a) IN GENERAL.—Not later than 180 days after the
17 date of the enactment of this Act, the Under Secretary
18 of Defense for Personnel and Readiness shall seek to con-
19 vene an industry roundtable to discuss the hiring of mili-
20 tary spouses. Such discussion shall include the following
21 elements:
22 (1) The value of, and opportunities to, private
23 entities that hire military spouses.
24 (2) Career opportunities for military spouses.
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1 (3) Understanding the challenges that military
2 spouses encounter in the labor market.
3 (4) Gaps and opportunities in the labor market
4 for military spouses.
5 (5) Best hiring practices from industry leaders
6 in human resources.
7 (6) The benefits of portable licenses and inter-
8 state licensure compacts for military spouses.
9 (b) PARTICIPANTS.—The participants in the round-
10 table shall include the following:
11 (1) The Under Secretary.
12 (2) The Assistant Secretary for Manpower and
13 Reserve Affairs of each military department.
14 (3) The Director of the Defense Human Re-
15 sources Activity.
16 (4) Other officials of the Department of De-
17 fense the Secretary of Defense determines appro-
18 priate.
19 (5) Private entities that elect to participate.
20 (c) NOTICE.—The Under Secretary shall publish no-
21 tice of the roundtable in multiple private sector forums
22 and the Federal Register to encourage participation in the
23 roundtable by private entities and entities interested in the
24 hiring of military spouses.
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1 (d) BRIEFING.—Not later than one year after the
2 date of the enactment of this Act, the Secretary of Defense
3 shall provide a briefing to the Committees on Armed Serv-
4 ices of the Senate and House of Representatives on the
5 lessons learned from the roundtable, including the rec-
6 ommendation of the Secretary whether to convene the
7 roundtable annually.
8 SEC. 579C. FEASIBILITY STUDY AND REPORT ON PILOT
9 PROGRAM TO PROVIDE POTFF SERVICES TO
10 SEPARATING MEMBERS OF SPECIAL OPER-
11 ATIONS FORCES AND CERTAIN FAMILY MEM-
12 BERS.
13 (a) REPORT REQUIRED.—Not later than March 1,
14 2023, the Secretary shall submit to the Committees on
15 Armed Services of the Senate and House of Representa-
16 tives a report on the feasibility of a pilot program to pro-
17 vide, to covered individuals, services under POTFF. The
18 report shall include the following elements:
19 (1) An outline of the tools, resources, and per-
20 sonnel the Secretary determines necessary to carry
21 out the pilot program.
22 (2) An assessment of the potential benefits, im-
23 plications, and effects of the pilot program.
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1 (3) The POTFF services that the Secretary
2 could provide to covered individuals under the pilot
3 program.
4 (4) An assessment of how best to carry out the
5 separation of covered members, including any addi-
6 tional resources the Secretary determines necessary.
7 (5) Any legislative or administrative action that
8 the Secretary determines necessary to carry the such
9 pilot program.
10 (6) Any other information the Secretary deter-
11 mines appropriate.
12 (b) DEFINITIONS.—In this section:
13 (1) The term ‘‘covered individual’’ means—
14 (A) a covered member;
15 (B) an immediate family of a covered
16 member; or
17 (C) an individual eligible for a gold star
18 lapel button under section 1126 of title 10,
19 United States Code, on the basis of the rela-
20 tionship of such individual to a deceased mem-
21 ber of special operations forces.
22 (2) The term ‘‘covered member’’ means a mem-
23 ber of the Armed Forces—
24 (A) assigned to special operations forces;
25 and
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1 (B) who is separating from the Armed
2 Forces.
3 (3) The term ‘‘immediate family member’’ has
4 the meaning given that term in section 1789 of title
5 10, United States Code.
6 (4) The term ‘‘POTFF’’ means the Preserva-
7 tion of the Force and Family Program of United
8 States Special Operations Command under section
9 1788a of title 10, United States Code.
10 (5) The term ‘‘special operations forces’’ means
11 the forces described in section 167(j) of title 10,
12 United States Code.
13 SEC. 579D. MYSTEP: PROVISION ONLINE AND IN MULTIPLE
14 LANGUAGES.
15 The Secretary concerned shall provide all services of
16 the Military Spouse Transition Program (commonly re-
17 ferred to as ‘‘MySTeP’’) online and in English, Spanish,
18 Tagalog, and the rest of the 10 most commonly spoken
19 languages in the United States.
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1 SEC. 579E. ASSISTANCE TO LOCAL EDUCATIONAL AGEN-
2 CIES THAT BENEFIT DEPENDENTS OF MEM-
3 BERS OF THE ARMED FORCES WITH ENROLL-
4 MENT CHANGES DUE TO BASE CLOSURES,
5 FORCE STRUCTURE CHANGES, OR FORCE RE-
6 LOCATIONS.
7 (a) ASSISTANCE AUTHORIZED.—To assist commu-
8 nities in making adjustments resulting from changes in
9 the size or location of the Armed Forces, the Secretary
10 of Defense shall provide financial assistance to an eligible
11 local educational agency described in subsection (b) if,
12 during the period between the end of the school year pre-
13 ceding the fiscal year for which the assistance is author-
14 ized and the beginning of the school year immediately pre-
15 ceding that school year, the local educational agency—
16 (1) had (as determined by the Secretary of De-
17 fense in consultation with the Secretary of Edu-
18 cation) an overall increase or reduction of—
19 (A) not less than five percent in the aver-
20 age daily attendance of military dependent stu-
21 dents in the schools of the local educational
22 agency; or
23 (B) not less than 500 military dependent
24 students in average daily attendance in the
25 schools of the local educational agency; or
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1 (2) is projected to have an overall increase, be-
2 tween fiscal years 2023 and 2028, of not less than
3 500 military dependent students in average daily at-
4 tendance in the schools of the local educational
5 agency as the result of a signed record of decision.
6 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A
7 local educational agency is eligible for assistance under
8 subsection (a) for a fiscal year if—
9 (1) 20 percent or more of students enrolled in
10 schools of the local educational agency are military
11 dependent students; and
12 (2) in the case of assistance described in sub-
13 section (a)(1), the overall increase or reduction in
14 military dependent students in schools of the local
15 educational agency is the result of one or more of
16 the following:
17 (A) The global rebasing plan of the De-
18 partment of Defense.
19 (B) The official creation or activation of
20 one or more new military units.
21 (C) The realignment of forces as a result
22 of the base closure process.
23 (D) A change in the number of housing
24 units on a military installation.
25 (E) A signed record of decision.
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1 (c) CALCULATION OF AMOUNT OF ASSISTANCE.—
2 (1) PRO RATA DISTRIBUTION.—The amount of
3 the assistance provided under subsection (a) to a
4 local educational agency that is eligible for such as-
5 sistance for a fiscal year shall be equal to the prod-
6 uct obtained by multiplying—
7 (A) the per-student rate determined under
8 paragraph (2) for that fiscal year; by
9 (B) the net of the overall increases and re-
10 ductions in the number of military dependent
11 students in schools of the local educational
12 agency, as determined under subsection (a).
13 (2) PER-STUDENT RATE.—For purposes of
14 paragraph (1)(A), the per-student rate for a fiscal
15 year shall be equal to the dollar amount obtained by
16 dividing—
17 (A) the total amount of funds made avail-
18 able for that fiscal year to provide assistance
19 under subsection (a); by
20 (B) the sum of the overall increases and
21 reductions in the number of military dependent
22 students in schools of all eligible local edu-
23 cational agencies for that fiscal year under that
24 subsection.
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1 (3) MAXIMUM AMOUNT OF ASSISTANCE.—A
2 local educational agency may not receive more than
3 $15,000,000 in assistance under subsection (a) for
4 any fiscal year.
5 (d) DURATION.—Assistance may not be provided
6 under subsection (a) after September 30, 2028.
7 (e) NOTIFICATION.—Not later than June 30, 2023,
8 and June 30 of each fiscal year thereafter for which funds
9 are made available to carry out this section, the Secretary
10 of Defense shall notify each local educational agency that
11 is eligible for assistance under subsection (a) for that fis-
12 cal year of—
13 (1) the eligibility of the local educational agency
14 for the assistance; and
15 (2) the amount of the assistance for which the
16 local educational agency is eligible.
17 (f) DISBURSEMENT OF FUNDS.—The Secretary of
18 Defense shall disburse assistance made available under
19 subsection (a) for a fiscal year not later than 30 days after
20 the date on which notification to the eligible local edu-
21 cational agencies is provided pursuant to subsection (e)
22 for that fiscal year.
23 (g) BRIEFING REQUIRED.—Not later than March 1,
24 2023, the Secretary of Defense shall brief the Committees
25 on Armed Services of the Senate and the House of Rep-
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1 resentatives on the estimated cost of providing assistance
2 to local educational agencies under subsection (a) through
3 September 30, 2028.
4 (h) ELIGIBLE USES.—Amounts disbursed to a local
5 education agency under subsection (f) may be used by
6 such local educational agency for—
7 (1) general fund purposes;
8 (2) special education;
9 (3) school maintenance and operation;
10 (4) school expansion; or
11 (5) new school construction.
12 (i) FUNDING.—
13 (1) INCREASE.—Notwithstanding the amounts
14 set forth in the funding tables in division D, the
15 amount authorized to be appropriated in section 301
16 for Operation and Maintenance, Defense-wide, De-
17 partment of Defense Education Activity, Line 390,
18 as specified in the corresponding funding table in
19 section 4301, is hereby increased by $15,000,000 for
20 purposes of this section.
21 (2) OFFSET.—Notwithstanding the amounts set
22 forth in the funding tables in division D, the amount
23 authorized to be appropriated in section 301 for Op-
24 eration and Maintenance, Defense-wide, for Wash-
25 ington Headquarters Services, Line 500, as specified
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1 in the corresponding funding table in section 4301,
2 is hereby reduced by $15,000,000.
3 (j) DEFINITIONS.—In this section:
4 (1) BASE CLOSURE PROCESS.—The term ‘‘base
5 closure process’’ means any base closure and realign-
6 ment process conducted after the date of the enact-
7 ment of this Act under section 2687 of title 10,
8 United States Code, or any other similar law en-
9 acted after that date.
10 (2) LOCAL EDUCATIONAL AGENCY.—The term
11 ‘‘local educational agency’’ has the meaning given
12 that term in section 7013(9) of the Elementary and
13 Secondary Education Act of 1965 (20 U.S.C.
14 7713(9)).
15 (3) MILITARY DEPENDENT STUDENTS.—The
16 term ‘‘military dependent students’’ means—
17 (A) elementary and secondary school stu-
18 dents who are dependents of members of the
19 Armed Forces; and
20 (B) elementary and secondary school stu-
21 dents who are dependents of civilian employees
22 of the Department of Defense.
23 (4) STATE.—The term ‘‘State’’ means each of
24 the 50 States and the District of Columbia.
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1 SEC. 579F. SURVEYS REGARDING MILITARY SPOUSES.
2 (a) SURVEYS.—The Secretary of Defense, in coordi-
3 nation with the Commissioner of the Bureau of Labor Sta-
4 tistics, shall determine the feasibility of—
5 (1) measuring labor market outcomes and char-
6 acteristics of military spouses with existing data
7 from surveys conducted by the Department of De-
8 fense and Bureau of Labor Statistics; and
9 (2) modifying such surveys to capture more in-
10 formation about military spouses.
11 (c) REPORT.—Not later than 180 days after the date
12 of the enactment of this Act, the Secretary shall submit
13 to Congress a report containing—
14 (1) determinations under subsection (a);
15 (2) ways to implement modifications described
16 in subsection (a) that comport with the Employment
17 Situation Report of the Bureau of Labor Statistics.
18 (3) and estimated costs to implement such
19 modifications.
20 SEC. 579G. REVIEW OF POLICIES REGARDING SINGLE PAR-
21 ENTS SERVING AS MEMBERS OF THE ARMED
22 FORCES.
23 Not later than September 30, 2023, the Secretary of
24 Defense shall review regulations and rules of the Depart-
25 ment of Defense regarding single parents serving as mem-
26 bers of the Armed Forces.
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1 SEC. 579H. PUBLIC REPORTING ON CERTAIN MILITARY
2 CHILD CARE PROGRAMS.
3 Not later than September 30, 2023, and each cal-
4 endar quarter thereafter, the Secretary of Defense shall
5 post, on a publicly accessible website of the Department
6 of Defense, information regarding the Military Child Care
7 in Your Neighborhood and Military Child Care in Your
8 Neighborhood-Plus programs. Such information shall in-
9 clude the following elements, disaggregated by State, ZIP
10 code, month, and Armed Force:
11 (1) The number of children, military families,
12 and child care providers who benefit from each pro-
13 gram.
14 (2) Whether such providers are nationally ac-
15 credited or rated by the Quality Rating and Im-
16 provement System of the State.
17 (3) The amounts of subsidy paid.
18 SEC. 579I. FEASIBILITY OF INCLUSION OF AU PAIRS IN
19 PILOT PROGRAM TO PROVIDE FINANCIAL AS-
20 SISTANCE TO MEMBERS OF THE ARMED
21 FORCES FOR IN-HOME CHILD CARE.
22 (a) SENSE OF CONGRESS.—It is the sense of Con-
23 gress that members of the Armed Forces who participate
24 in the au pair exchange visitor program should be eligible
25 for assistance under the pilot program of the Department
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1 of Defense to provide financial assistance to members of
2 the Armed Forces for in-home child care.
3 (b) FEASIBILITY ASSESSMENT.—Not later than one
4 year after the date of the enactment of this Act, the Sec-
5 retary of Defense, in coordination with the Secretary of
6 State, shall submit to the appropriate congressional com-
7 mittees a report containing the assessment of the Sec-
8 retary of Defense of the feasibility, advisability, and con-
9 siderations of expanding eligibility for the pilot program
10 under section 589 of the William M. (Mac) Thornberry
11 National Defense Authorization Act for Fiscal Year 2021
12 (Public Law 116–283; 10 U.S.C. 1791 note) to members
13 of the Armed Forces who participate in an exchange vis-
14 itor program under section 62.31 of title 22, Code of Fed-
15 eral Regulations, or successor regulation.
16 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
17 FINED.—The term ‘‘appropriate congressional commit-
18 tees’’ means:
19 (1) The Committees on Armed Services of the
20 Senate and House of Representatives.
21 (2) The Committee on Foreign Affairs of the
22 House of Representatives.
23 (3) The Committee on Foreign Relations of the
24 Senate.
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1 SEC. 579J. REPORT ON THE EFFECTS OF ECONOMIC INFLA-
2 TION ON FAMILIES OF MEMBERS OF THE
3 ARMED FORCES.
4 The Secretary of Defense shall submit to the congres-
5 sional defense committees a report on the extent to which
6 economic inflation has affected families of members of the
7 Armed Forces.
8 SEC. 579K. REPORT ON THE EFFECTS OF THE SHORTAGE
9 OF INFANT FORMULA ON THE FAMILIES OF
10 MEMBERS OF THE ARMED FORCES.
11 The Secretary of Defense shall submit to the congres-
12 sional defense committees a report on the extent to which
13 families of members of the Armed Forces—
14 (1) have access to infant formula; and
15 (2) have been affected by any shortage of infant
16 formula available for consumer purchase from Janu-
17 ary 1, 2022, through the date of the enactment of
18 this Act.
19 SEC. 579L. BRIEFING ON CHILD CARE AT CAMP BULL SI-
20 MONS.
21 Not later than 90 days after the date of the enact-
22 ment of this Act, the Secretary of the Army and the Sec-
23 retary of the Air Force shall submit to the congressional
24 defense committees a joint briefing regarding the provision
25 of child care at Camp Bull Simons, Eglin Air Force Base.
26 The briefing shall include the following elements:
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1 (1) Risk mitigation measures that could allow
2 the current proposed site to achieve certification for
3 child care.
4 (2) Plans for alternative locations, including ac-
5 quiring land for a military child development center
6 (as such term is defined in section 1800 of title 10,
7 United States Code) in proximity to Camp Bull Si-
8 mons.
9 (3) An update on public-private partnership
10 agreements for child care that could alleviate the
11 deficit in available child care at Camp Bull Simons.
12 (4) Current availability for child care, and re-
13 lated wait times, at military child development cen-
14 ters on the main campus of Eglin Air Force Base.
15 Subtitle I—Decorations and
16 Awards
17 SEC. 581. AUTHORITY TO AWARD THE MEDAL OF HONOR TO
18 A MEMBER OF THE ARMED FORCES FOR
19 ACTS OF VALOR WHILE A PRISONER OF WAR.
20 (a) AUTHORITY.—
21 (1) ARMY.—Section 7271(1) of title 10, United
22 States Code, is amended by inserting ‘‘, including
23 active resistance, gallantry, or defiance while serving
24 as a prisoner of war’’ after ‘‘United States’’.
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1 (2) NAVY AND MARINE CORPS.—Section
2 8291(1) of title 10, United States Code, is amended
3 by inserting ‘‘, including active resistance, gallantry,
4 or defiance while serving as a prisoner of war’’ after
5 ‘‘United States’’.
6 (3) AIR FORCE AND SPACE FORCE.—Section
7 9271(1) of title 10, United States Code, is amended
8 by inserting ‘‘, including active resistance, gallantry,
9 or defiance while serving as a prisoner of war’’ after
10 ‘‘United States’’.
11 (4) COAST GUARD.—Section 2732(1) of title
12 14, United States Code, is amended by inserting ‘‘,
13 including active resistance, gallantry, or defiance
14 while serving as a prisoner of war’’ after ‘‘United
15 States’’.
16 (b) REGULATIONS.—Not later than one year after the
17 date of the enactment of this Act, the Secretary of Defense
18 and the Secretary of the Department in which the Coast
19 Guard is operating shall prescribe regulations that set
20 forth uniform standards for awarding the Medal of Honor
21 to a member of the Armed Forces pursuant to an amend-
22 ment made by subsection (a). Such regulations shall apply
23 retroactively to a member who was a prisoner of war be-
24 fore the date of the prescription of such regulations.
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1 (c) REPORT.—Not later than one year after the date
2 of the enactment of this Act, the Secretary of Defense
3 shall submit to the Committees on Armed Services of the
4 Senate and House of Representatives a report regarding
5 the number of individuals who may be eligible for a Medal
6 of Honor pursuant to the amendments made by this sec-
7 tion.
8 SEC. 582. AUTHORIZATION FOR AWARD OF THE MEDAL OF
9 HONOR TO DAVID R. HALBRUNER FOR ACTS
10 OF VALOR ON SEPTEMBER 11-12, 2012.
11 (a) AUTHORIZATION.—Notwithstanding the time lim-
12 itations specified in section 7274 of title 10, United States
13 Code, or any other time limitation with respect to the
14 awarding of certain medals to persons who served in the
15 Armed Forces, the President may award the Medal of
16 Honor under section 7272 of such title to David R.
17 Halbruner for the acts of valor described in the subsection
18 (b).
19 (b) ACTS OF VALOR DESCRIBED.—The acts of valor
20 described in this subsection are the actions of David R.
21 Halbruner as a master sergeant in the Army on Sep-
22 tember 11-12, 2012, for which he was previously awarded
23 the Distinguished-Service Cross.
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1 SEC. 583. AUTHORIZATION FOR POSTHUMOUS AWARD OF
2 MEDAL OF HONOR TO MASTER SERGEANT
3 RODERICK W. EDMONDS FOR ACTS OF VALOR
4 DURING WORLD WAR II.
5 (a) WAIVER OF TIME LIMITATIONS.—Notwith-
6 standing the time limitations specified in section 7274 of
7 title 10, United States Code, or any other time limitation
8 with respect to the awarding of certain medals to persons
9 who served in the Armed Forces, the President may award
10 the Medal of Honor posthumously under section 7271 of
11 such title to Master Sergeant Roderick W. Edmonds for
12 the acts of valor described in subsection (c).
13 (b) ACTS OF VALOR DESCRIBED.—The acts of valor
14 referred to in subsection (b) are the actions of Master Ser-
15 geant Roderick W. Edmonds on January 27, 1945, as a
16 prisoner of war and member of the Army serving in Ger-
17 many in support of the Battle of the Bulge, for which he
18 has never been recognized by the United States Army.
19 SEC. 584. RESCISSION OF MEDALS OF HONOR AWARDED
20 FOR ACTS AT WOUNDED KNEE CREEK ON DE-
21 CEMBER 29, 1890.
22 (a) IN GENERAL.—Each Medal of Honor awarded for
23 acts at Wounded Knee Creek, Lakota Pine Ridge Indian
24 Reservation, South Dakota, on December 29, 1890, is re-
25 scinded.
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1 (b) MEDAL OF HONOR ROLL.—The Secretary con-
2 cerned shall remove the name of each individual awarded
3 a Medal of Honor for acts described in subsection (a) from
4 the Army, Navy, Air Force, and Coast Guard Medal of
5 Honor Roll maintained under section 1134a of title 10,
6 United States Code.
7 (c) RETURN OF MEDAL NOT REQUIRED.—No person
8 may be required to return to the Federal Government a
9 Medal of Honor rescinded under subsection (a).
10 (d) NO DENIAL OF BENEFITS.—This Act shall not
11 be construed to deny any individual any benefit from the
12 Federal Government.
13 SEC. 585. SENSE OF CONGRESS REGARDING SERVICE OF
14 GARY ANDREW CYR.
15 (a) FINDINGS.—Congress finds the following:
16 (1) On February 23, 1971, Corporal Gary An-
17 drew Cyr was 19 years old.
18 (2) Corporal Cyr was assigned to the 10th
19 Pathfinder Detachment in May of 1970 and served
20 as a Special Operations Pathfinder until January
21 1972.
22 (3) In February 1971, Corporal Cyr’s Path-
23 finder Unit was tasked with supporting Operation
24 Dak Soo Ri 71–1, a joint operation with Korean in-
25 fantry units.
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1 (4) On February 23, 1971, Corporal Cyr was
2 the Pathfinder air traffic controller and cargo
3 loadmaster for four flights and twelve landing pick-
4 up zones for the Operation, including the primary
5 insertion point.
6 (5) This Operation involved the insertion of
7 over 1,000 Korean soldiers from two divisions and
8 31 sling loads of cargo transported by 35 helicopters
9 over the course of the evening of February 23, 1971.
10 (6) Corporal Cyr was responsible for coordi-
11 nating incoming helicopter flights and providing ac-
12 curate on-the-ground information to the pilots, es-
13 sentially operating as a one-man air traffic control
14 tower inside a combat zone.
15 (7) Corporal Cyr’s leadership and execution en-
16 abled the mission to be completed in a minimum
17 time period with no damaged cargo or casualties.
18 (8) Corporal Cyr’s actions were hailed by heli-
19 copter pilots and officers from the inserting battal-
20 ions.
21 (9) Corporal Cyr’s actions on February 23 epit-
22 omized the Pathfinder motto of ‘‘First in, Last
23 out,’’.
24 (10) William P. Murphy, Commander of the
25 10th Pathfinder Detachment, submitted a rec-
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1 ommendation for the award of a Bronze Star to Cor-
2 poral Cyr to 10th Combat Aviation Battalion Com-
3 mander, Captain Charles E. Markham.
4 (11) Captain Markham approved the rec-
5 ommendation and submitted it to 17th Aviation
6 Group Commander, Lieutenant Colonel Jack A.
7 Walker.
8 (12) Lieutenant Colonel Walker approved the
9 recommendation.
10 (13) The 10th Pathfinder Detachment began to
11 stand down in December 1971 and deactivated in
12 January 1972, before Corporal Cyr could be award-
13 ed the Bronze Star.
14 (14) Corporal Cyr’s initial award was lost as a
15 result of the deactivation.
16 (b) PURPOSE.—That the House of Representatives—
17 (1) honors the heroism of Corporal Gary An-
18 drew Cyr to successfully insert troops and ammuni-
19 tion on time and on target; and
20 (2) believes the United States Army, in light of
21 new information, should consider revisiting deco-
22 rating and honoring the courage and leadership of
23 Corporal Gary Andrew Cyr.
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1 SEC. 586. ELIGIBILITY OF VETERANS OF OPERATION END
2 SWEEP FOR VIETNAM SERVICE MEDAL.
3 The Secretary of the military department concerned
4 may, upon the application of an individual who is a vet-
5 eran who participated in Operation End Sweep, award
6 that individual the Vietnam Service Medal.
7 SEC. 587. AUTHORIZATION FOR AWARD OF MEDAL OF
8 HONOR TO E. ROYCE WILLIAMS FOR ACTS OF
9 VALOR DURING THE KOREAN WAR.
10 (a) WAIVER OF TIME LIMITATIONS.—Notwith-
11 standing the time limitations specified in section 8298 of
12 title 10, United States Code, or any other time limitation
13 with respect to the awarding of certain medals to persons
14 who served in the Armed Forces, the President may award
15 the Medal of Honor under section 8291 of such title to
16 E. Royce Williams for the acts of valor described in sub-
17 section (b).
18 (b) ACTS OF VALOR DESCRIBED.—The acts of valor
19 described in this subsection are the actions of E. Royce
20 Williams, as a lieutenant in the Navy, on November 18,
21 1952, for which he was previously awarded the Silver Star.
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1 SEC. 588. AUTHORIZATION FOR AWARD OF MEDAL OF
2 HONOR TO JAMES CAPERS, JR. FOR ACTS OF
3 VALOR AS A MEMBER OF THE MARINE CORPS
4 DURING THE VIETNAM WAR.
5 (a) AUTHORIZATION.—Notwithstanding the time lim-
6 itations specified in sections 8298(a) and 8300 of title 10,
7 United States Code, or any other time limitation with re-
8 spect to the awarding of certain medals to persons who
9 served in the Armed Forces, the President is authorized
10 to award the Medal of Honor, under section 8291 of such
11 title, to James Capers, Jr. for the acts of valor described
12 in subsection (b).
13 (b) ACTS OF VALOR DESCRIBED.—The acts of valor
14 described in this subsection are the actions of James Ca-
15 pers, Jr., as a member of the Marine Corps, during the
16 period of March 31 through April 3, 1967, during the
17 Vietnam War, for which he was previously awarded the
18 Silver Star.
19 SEC. 589. INCLUSION OF PURPLE HEART AWARDS ON MILI-
20 TARY VALOR WEBSITE.
21 The Secretary of Defense shall ensure that the pub-
22 licly accessible internet website of the Department of De-
23 fense that lists individuals who have been awarded certain
24 military awards includes a list of each individual who
25 meets each of the following criteria:
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1 (1) The individual is awarded the Purple Heart
2 for qualifying actions that occur after the date of
3 the enactment of this Act.
4 (2) The individual elects to be included on such
5 list (or, if the individual is deceased, the primary
6 next of kin elects the individual to be included on
7 such list).
8 (3) The public release of the individual’s name
9 does not constitute a security risk, as determined by
10 the Secretary of the military department concerned.
11 SEC. 589A. STUDY ON FRAUDULENT MISREPRESENTATION
12 ABOUT RECEIPT OF A MILITARY MEDAL OR
13 DECORATION.
14 (a) STUDY.—Not later than 90 days after the date
15 of the enactment of this Act, the Secretary of Veterans
16 Affairs shall conduct a study to identify any monetary or
17 government benefits obtained through a fraudulent mis-
18 representation about the receipt a military decoration or
19 medal as described by section 704(c)(2) or 704(d) of title
20 18, United States Code.
21 (b) REPORT.—Not later than 180 days after the date
22 of the enactment of this Act, the Secretary of Veterans
23 Affairs shall report to Congress on the findings of the
24 study conducted under subsection (b) and policy rec-
25 ommendations to resolve issues identified in the study.
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1 Subtitle J—Miscellaneous Reports
2 and Other Matters
3 SEC. 591. ELECTRONIC NOTARIZATION FOR MEMBERS OF
4 THE ARMED FORCES.
5 Section 1044a of title 10, United States Code, is
6 amended by adding at the end the following new sub-
7 section:
8 ‘‘(e)(1) A person named in subsection (b) may exer-
9 cise the powers described in subsection (a) through elec-
10 tronic means, including under circumstances where the in-
11 dividual with respect to whom such person is performing
12 the notarial act is not physically present in the same loca-
13 tion as such person.
14 ‘‘(2) A determination of the authenticity of a notarial
15 act authorized in this section shall be made without regard
16 to whether the notarial act was performed through elec-
17 tronic means.
18 ‘‘(3) A log or journal of a notarial act authorized in
19 this section shall be considered for evidentiary purposes
20 without regard to whether the log or journal is in elec-
21 tronic form.’’.
22 SEC. 592. DISINTERMENTS FROM NATIONAL CEMETERIES.
23 (a) APPLICABILITY OF AUTHORITY TO RECONSIDER
24 DECISIONS OF SECRETARY OF VETERANS AFFAIRS OR
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1 SECRETARY OF THE ARMY TO INTER THE REMAINS OR
2 MEMORIALIZE A PERSON IN A NATIONAL CEMETERY.—
3 (1) IN GENERAL.—Section 2(c) of the Alicia
4 Dawn Koehl Respect for National Cemeteries Act
5 (Public Law 113–65; 38 U.S.C. 2411 note) is
6 amended by striking ‘‘after the date of the enact-
7 ment of this Act’’ and inserting ‘‘after November 21,
8 1997’’.
9 (2) CONGRESSIONAL NOTICES.—Upon becoming
10 aware of a covered interment or memorialization—
11 (A) the Secretary of Veterans Affairs shall
12 issue to the Committees on Veterans’ Affairs of
13 the Senate and House of Representatives writ-
14 ten notice of such covered interment or memori-
15 alization; and
16 (B) the Secretary of the Army, in the case
17 of a covered interment or memorialization in
18 Arlington National Cemetery, shall issue to the
19 Committees on Armed Services of the Senate
20 and House of Representatives and the Commit-
21 tees on Veterans’ Affairs of the Senate and
22 House of Representatives written notice of such
23 covered interment or memorialization.
24 (3) COVERED INTERMENT OR MEMORIALIZA-
25 TION DEFINED.—In this subsection, the term ‘‘cov-
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1 ered interment or memorialization’’ means an inter-
2 ment or memorialization—
3 (A) in a national cemetery;
4 (B) between January 1, 1990 and Novem-
5 ber 21, 1997; and
6 (C) that would have been subject to section
7 2411 of title 38, United States Code, as amend-
8 ed by the Alicia Dawn Koehl Respect for Na-
9 tional Cemeteries Act if subsection 2(c) of such
10 Act were amended by striking ‘‘after the date
11 of the enactment of this Act’’ and inserting ‘‘on
12 or after January 1, 1990’’.
13 (b) DISINTERMENT OF REMAINS OF ANDREW
14 CHABROL FROM ARLINGTON NATIONAL CEMETERY.—
15 (1) DISINTERMENT.—Not later than September
16 30, 2023, the Secretary of the Army shall disinter
17 the remains of Andrew Chabrol from Arlington Na-
18 tional Cemetery.
19 (2) NOTIFICATION.—The Secretary of the Army
20 may not carry out paragraph (1) until after noti-
21 fying the next of kin of Andrew Chabrol.
22 (3) DISPOSITION.—After carrying out para-
23 graph (1), the Secretary of the Army shall—
24 (A) relinquish the remains to the next of
25 kin described in paragraph (2); or
•HR 7900 EH
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1 (B) if no such next of kin responds to noti-
2 fication under paragraph (2), arrange for dis-
3 position of the remains the Secretary of the
4 Army determines appropriate.
5 SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UP-
6 DATE CHAPLAINS HILL AT ARLINGTON NA-
7 TIONAL CEMETERY.
8 Section 584(a) of the National Defense Authorization
9 Act for Fiscal Year 2022 (Public Law 117–81; 38 U.S.C.
10 2409 note) is amended by adding at the end the following
11 new paragraph:
12 ‘‘(4) AUTHORITY OF SECRETARY OF THE
13 ARMY.—The Secretary of the Army may permit
14 NCMAF to carry out any action authorized by this
15 subsection without regard to the time limitation
16 under section 2409(b)(2)(C) of title 38, United
17 States Code.’’.
18 SEC. 594. NOTIFICATIONS ON MANNING OF AFLOAT NAVAL
19 FORCES.
20 Section 597(d)(3) of the National Defense Authoriza-
21 tion Act for Fiscal Year 2020 (Public Law 116–92; 10
22 U.S.C. 8013 note) is amended by inserting ‘‘or a commis-
23 sioned ship undergoing nuclear refueling or defueling and
24 any concurrent complex overhaul’’ after ‘‘Register’’.
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1 SEC. 595. PILOT PROGRAM ON CAR SHARING ON MILITARY
2 INSTALLATIONS IN ALASKA.
3 (a) ESTABLISHMENT.—Not later than 180 days after
4 the date of the enactment of this Act, the Secretary of
5 Defense shall seek to carry out a pilot program to allow
6 car sharing on military installations in Alaska.
7 (b) PROGRAM ELEMENTS.—To carry out a pilot pro-
8 gram under this section, the Secretary shall take steps in-
9 cluding the following:
10 (1) Seek to enter into an agreement with an en-
11 tity that—
12 (A) provides car sharing services; and
13 (B) is capable of serving all military instal-
14 lations in Alaska.
15 (2) Provide to members assigned to military in-
16 stallations in Alaska the resources the Secretary de-
17 termines necessary to participate in such pilot pro-
18 gram.
19 (3) Promote such pilot program to such mem-
20 bers.
21 (c) IMPLEMENTATION PLAN.—Not later than 90
22 days after the date the Secretary enters into an agreement
23 under subsection (b)(1), the Secretary shall submit to the
24 congressional defense committees a plan to carry out the
25 pilot program.
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1 (d) DURATION.—A pilot program under this section
2 shall terminate two years after the Secretary commences
3 such pilot program.
4 (e) REPORT.—Upon the termination of a pilot pro-
5 gram under this section, the Secretary of Defense shall
6 submit to the congressional defense committees a report
7 containing the following information:
8 (1) The number of individuals who used car
9 sharing services offered pursuant to the pilot pro-
10 gram.
11 (2) The cost to the United States of the pilot
12 program.
13 (3) An analysis of the effect of the pilot pro-
14 gram on mental health and community connected-
15 ness of members described in subsection (b)(2).
16 (4) Other information the Secretary determines
17 appropriate.
18 (f) MILITARY INSTALLATION DEFINED.—In this sec-
19 tion, the term ‘‘military installation’’ has the meaning
20 given such term in section 2801 of title 10, United States
21 Code.
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1 SEC. 596. SUPPORT FOR MEMBERS WHO PERFORM DUTIES
2 REGARDING REMOTELY PILOTED AIRCRAFT:
3 STUDY; REPORT.
4 (a) STUDY.—The Secretary of Defense (in consulta-
5 tion with the Secretary of Transportation and Adminis-
6 trator of the Federal Aviation Administration) shall con-
7 duct a study to identify opportunities to provide more sup-
8 port services to, and greater recognition of combat accom-
9 plishments of, RPA crew. Such study shall identify the
10 following with respect to each covered Armed Force:
11 (1) Safety policies applicable to crew of tradi-
12 tional aircraft that apply to RPA crew.
13 (2) Personnel policies, including crew staffing
14 and training practices, applicable to crew of tradi-
15 tional aircraft that apply to RPA crew.
16 (3) Metrics the Secretaries of the military de-
17 partments use to evaluate the health of RPA crew.
18 (4) Incentive pay, retention bonuses, promotion
19 rates, and career advancement opportunities for
20 RPA crew.
21 (5) Combat zone compensation available to
22 RPA crew.
23 (6) Decorations and awards for combat avail-
24 able to RPA crew.
•HR 7900 EH
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1 (7) Mental health care available to crew of tra-
2 ditional aircraft and RPA crew who conduct combat
3 operations.
4 (8) Whether RPA crew receive post-separation
5 health (including mental health) care equivalent to
6 crew of traditional aircraft.
7 (9) An explanation of any difference under
8 paragraph (8).
9 (b) REPORT.—Not later than one year after the date
10 of the enactment of this Act, the Secretary of Defense
11 shall submit to the appropriate congressional committees
12 a report containing the results of the study conducted
13 under this section, including any policy recommendations
14 of the Secretary regarding such results.
15 (c) DEFINITIONS.—In this section:
16 (1) In this section, the term ‘‘appropriate con-
17 gressional committees’’ means the following:
18 (A) The Committees on Armed Services of
19 the Senate and House of Representatives.
20 (B) The Committees on Appropriations of
21 the Senate and House of Representatives.
22 (C) The Committee on Commerce, Science,
23 and Transportation of the Senate.
24 (D) The Committee on Transportation and
25 Infrastructure of the House of Representatives.
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1 (2) The term ‘‘covered Armed Force’’ means an
2 Armed Force under the jurisdiction of the Secretary
3 of a military department.
4 (3) The term ‘‘RPA crew’’ means members of
5 covered Armed Forces who perform duties relating
6 to remotely piloted aircraft.
7 (4) The term ‘‘traditional aircraft’’ means fixed
8 or rotary wing aircraft operated by an onboard pilot.
9 SEC. 597. REVIEW OF MARKETING AND RECRUITING OF
10 THE DEPARTMENT OF DEFENSE.
11 (a) IN GENERAL.—Not later that September 30,
12 2023, the Secretary of Defense, in consultation with the
13 Comptroller General of the United States and experts de-
14 termined by the Secretary, shall evaluate the marketing
15 and recruiting efforts of the Department of Defense to de-
16 termine how to use social media and other technology plat-
17 forms to convey to young people the opportunities and
18 benefits of service in the covered Armed Forces.
19 (b) COVERED ARMED FORCE DEFINED.—In this sec-
20 tion, the term ‘‘covered Armed Force’’ means the fol-
21 lowing:
22 (1) The Army.
23 (2) The Navy.
24 (3) The Marine Corps.
25 (4) The Air Force.
•HR 7900 EH
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1 (5) The Space Force.
2 SEC. 598. REPORT ON RECRUITING EFFORTS OF THE ARMY.
3 (a) REPORT REQUIRED.—Not later than 120 days
4 after the date of the enactment of this act, the Secretary
5 of the Army shall submit to the congressional defense com-
6 mittees a report on recruiting efforts of the Army. Such
7 report shall contain the following elements:
8 (1) A comparison of the number of active Army
9 enlistments from each region annually during fiscal
10 years 2018 through 2022, the number of recruiters
11 stationed in each region, and advertising dollars
12 spent in each region, including annual numbers and
13 averages.
14 (2) A comparison of the number of active Army
15 enlistments produced by each Army Recruiting Bat-
16 talion during fiscal years 2018 through 2022, the
17 number of recruiters stationed in each battalion, and
18 advertising dollars spent in support of each bat-
19 talion, including annual numbers and averages.
20 (3) An analysis of the geographic dispersion of
21 enlistments by military occupational specialty during
22 fiscal years 2018 through 2022.
23 (4) An analysis of the amount of Federal funds
24 spent on advertising per active duty enlistment by
25 Army Recruiting Battalion and region during fiscal
•HR 7900 EH
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1 years 2018 through 2022, and a ranked list of those
2 battalions from most efficient to least efficient.
3 (5) A comparison of the race, religion, gender,
4 education levels, military occupational specialties,
5 and waivers for enlistment granted to enlistees by
6 region and Army Recruiting Battalion area of re-
7 sponsibility during fiscal years 2018 through 2022.
8 (b) FORMAT.—The report under this section shall
9 display data through infographics wherever possible.
10 (c) PUBLICATION.—Not later than 30 days after sub-
11 mitting the report under subsection (a), the Secretary of
12 the Army shall publish, on a publicly accessible website
13 of the Army, the report and the data sets (scrubbed of
14 all personally identifiable information) used to generate
15 the report.
16 (d) REGION DEFINED.—In this section, the term ‘‘re-
17 gion’’ means a region used for the 2020 decennial census.
18 SEC. 599. SENSE OF CONGRESS REGARDING WOMEN INVOL-
19 UNTARILY SEPARATED FROM THE ARMED
20 FORCES DUE TO PREGNANCY OR PARENT-
21 HOOD.
22 (a) FINDINGS.—Congress finds the following:
23 (1) In June 1948, Congress enacted the Wom-
24 en’s Armed Services Integration Act of 1948, which
25 formally authorized the appointment and enlistment
•HR 7900 EH
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1 of women in the regular components of the Armed
2 Forces.
3 (2) With the expansion of the Armed Forces to
4 include women, the possibility arose for the first
5 time that members of the regular components of the
6 Armed Forces could become pregnant.
7 (3) The response to such possibilities and actu-
8 alities was Executive Order 10240, signed by Presi-
9 dent Harry S. Truman in 1951, which granted the
10 Armed Forces the authority to involuntarily separate
11 or discharge a woman if she became pregnant, gave
12 birth to a child, or became a parent by adoption or
13 a stepparent.
14 (4) The Armed Forces responded to the Execu-
15 tive order by systematically discharging any woman
16 in the Armed Forces who became pregnant, regard-
17 less of whether the pregnancy was planned, un-
18 planned, or the result of sexual abuse.
19 (5) Although the Armed Forces were required
20 to offer women who were involuntarily separated or
21 discharged due to pregnancy the opportunity to re-
22 quest retention in the military, many such women
23 were not offered such opportunity.
24 (6) The Armed Forces did not provide required
25 separation benefits, counseling, or assistance to the
•HR 7900 EH
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1 members of the Armed Forces who were separated
2 or discharged due to pregnancy.
3 (7) Thousands of members of the Armed
4 Forces were involuntarily separated or discharged
5 from the Armed Forces as a result of pregnancy.
6 (8) There are reports that the practice of the
7 Armed Forces to systematically separate or dis-
8 charge pregnant members caused some such mem-
9 bers to seek an unsafe or inaccessible abortion,
10 which was not legal at the time, or to put their chil-
11 dren up for adoption, and that, in some cases, some
12 women died by suicide following their involuntary
13 separation or discharge from the Armed Forces.
14 (9) Such involuntary separation or discharge
15 from the Armed Forces on the basis of pregnancy
16 was challenged in Federal district court by Steph-
17 anie Crawford in 1975, whose legal argument stated
18 that this practice violated her constitutional right to
19 due process of law.
20 (10) The Court of Appeals for the Second Cir-
21 cuit ruled in Stephanie Crawford’s favor in 1976
22 and found that Executive Order 10240 and any reg-
23 ulations relating to the Armed Forces that made
24 separation or discharge mandatory due to pregnancy
25 were unconstitutional.
•HR 7900 EH
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1 (11) By 1976, all regulations that permitted in-
2 voluntary separation or discharge of a member of
3 the Armed Forces because of pregnancy or any form
4 of parenthood were rescinded.
5 (12) Today, women comprise 17 percent of the
6 Armed Forces, and many are parents, including 12
7 percent of whom are single parents.
8 (13) While military parents face many hard-
9 ships, today’s Armed Forces provides various lengths
10 of paid family leave for mothers and fathers, for
11 both birth and adoption of children.
12 (b) SENSE OF CONGRESS.—It is the sense of Con-
13 gress that women who served in the Armed Forces before
14 February 23, 1976, should not have been involuntarily
15 separated or discharged due to pregnancy or parenthood.
16 (c) EXPRESSION OF REMORSE.—Congress hereby ex-
17 presses deep remorse for the women who patriotically
18 served in the Armed Forces, but were forced, by official
19 United States policy, to endure unnecessary and discrimi-
20 natory actions, including the violation of their constitu-
21 tional right to due process of law, simply because they be-
22 came pregnant or became a parent while a member of the
23 Armed Forces.
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1 SEC. 599A. ARMED FORCES WORKPLACE AND GENDER RE-
2 LATIONS SURVEYS.
3 Subsection (c) of section 481 of title 10, United
4 States Code, is amended—
5 (1) by redesignating paragraphs (3), (4), and
6 (5) as paragraphs (4), (5), and (6), respectively; and
7 (2) by inserting after paragraph (2) the fol-
8 lowing new paragraph:
9 ‘‘(3) Indicators of the assault (including un-
10 wanted sexual contact) that give reason to believe
11 that the victim was targeted, or discriminated
12 against, or both, for a real or perceived status in a
13 minority group based on race, color, national origin,
14 religion, sex (including gender identity, sexual ori-
15 entation, or sex characteristics), and any other fac-
16 tor considered appropriate by the Secretary.’’.
17 SEC. 599B. TASK FORCE ON HISTORICAL AND CURRENT
18 BARRIERS TO AFRICAN AMERICAN PARTICI-
19 PATION AND EQUAL TREATMENT IN THE
20 ARMED SERVICES.
21 (a) ESTABLISHMENT.—The Secretary of Defense
22 shall establish within the Department of Defense a task
23 force to be known as the ‘‘Task Force on Historical and
24 Current Barriers to African American Participation and
25 Equal Treatment in the Armed Services’’ (hereafter re-
26 ferred to as the ‘‘Task Force’’).
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1 (b) DUTIES.—The Task Force shall advise, consult
2 with, report to, and make recommendations to the Sec-
3 retary, as appropriate, on the development, refinement,
4 and implementation of policies, programs, planning, and
5 training which will provide redress for historical barriers
6 to African American participation and equal treatment in
7 the Armed Services.
8 (c) STUDIES AND INVESTIGATIONS.—
9 (1) INVESTIGATION OF HISTORICAL RECORD OF
10 SLAVERY.—As part of its duties, the Task Force
11 shall identify, compile, examine, and synthesize the
12 relevant corpus of evidentiary documentation regard-
13 ing the military or Armed Service’s involvement in
14 the institution of slavery. The Task Force’s docu-
15 mentation and examination shall include facts re-
16 lated to—
17 (A) the capture and procurement of Afri-
18 cans;
19 (B) the transport of Africans to the United
20 States and the colonies that became the United
21 States for the purpose of enslavement, including
22 their treatment during transport;
23 (C) the sale and acquisition of Africans
24 and their descendants as chattel property in
25 interstate and intrastate commerce;
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1 (D) the treatment of African slaves and
2 their descendants in the colonies and the
3 United States, including the deprivation of their
4 freedom, exploitation of their labor, and de-
5 struction of their culture, language, religion,
6 and families; and
7 (E) the extensive denial of humanity, sex-
8 ual abuse, and the chatellization of persons.
9 (2) STUDY OF EFFECTS OF DISCRIMINATORY
10 POLICIES IN THE ARMED SERVICES.—As part of its
11 duties, the Task Force shall study and analyze the
12 official policies or routine practices of the Armed
13 Services with discriminatory intent or discriminatory
14 effect on the formerly enslaved Africans and their
15 descendants in the Armed Services following the
16 overdue recognition of such persons as United States
17 citizens beginning in 1868.
18 (3) STUDY OF OTHER FORMS OF DISCRIMINA-
19 TION.—As part of its duties, the Task Force shall
20 study and analyze the other forms of discrimination
21 in the Armed Services against freed African slaves
22 and their descendants who were belatedly accorded
23 their rightful status as United States citizens from
24 1868 to the present.
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1 (4) STUDY OF LINGERING EFFECTS OF DIS-
2 CRIMINATION.—As part of its duties, the Task Force
3 shall study and analyze the lingering negative effects
4 of the institution of slavery and the matters de-
5 scribed in the preceding paragraphs on living Afri-
6 can Americans and their participation in the Armed
7 Services.
8 (d) RECOMMENDATIONS FOR REMEDIES.—
9 (1) RECOMMENDATIONS.—Based on the results
10 of the investigations and studies carried out under
11 subsection (c), the Task Force shall recommend ap-
12 propriate remedies to the Secretary.
13 (2) ISSUES ADDRESSED.—In recommending
14 remedies under this subsection, the Task Force shall
15 address the following:
16 (A) How Federal laws and policies that
17 continue to disproportionately and negatively
18 affect African Americans as a group in the
19 Armed Services, and those that perpetuate the
20 lingering effects, materially and psycho-socially,
21 can be eliminated.
22 (B) How the injuries resulting from the
23 matters described in subsection (c) can be re-
24 versed through appropriate policies, programs,
25 and projects.
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1 (C) How, in consideration of the Task
2 Force’s findings, to calculate any form of repair
3 for inequities to the descendants of enslaved Af-
4 ricans.
5 (D) The form of that repair which should
6 be awarded, the instrumentalities through
7 which the repair should be provided, and who
8 should be eligible for the repair of such inequi-
9 ties.
10 (e) ANNUAL REPORT.—
11 (1) SUBMISSION.—Not later than 90 days after
12 the end of each year, the Task Force shall submit
13 a report to the Secretary on its activities, findings,
14 and recommendations during the preceding year.
15 (2) PUBLICATION.—Not later than 180 days
16 after the date on which the Secretary receives an an-
17 nual report for a year under paragraph (1), the Sec-
18 retary shall publish a public version of the report,
19 and shall include such related matters as the Sec-
20 retary finds would be informative to the public dur-
21 ing that year.
22 (f) COMPOSITION; GOVERNANCE.—
23 (1) COMPOSITION.—The Task Force shall be
24 composed of such number of members as the Sec-
25 retary may appoint from among individuals whom
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1 the Secretary finds are qualified to serve by virtue
2 of their military service, education, training, activism
3 or experience, particularly in the field of history, so-
4 ciology, and African American studies.
5 (2) PUBLICATION OF LIST OF MEMBERS.—The
6 Secretary shall post and regularly update on a public
7 website of the Department of Defense the list of the
8 members of the Task Force.
9 (3) MEETINGS.—The Task Force shall meet
10 not less frequently than quarterly, and may convene
11 additional meetings during a year as necessary. At
12 least one of the meetings during each year shall be
13 open to the public.
14 (4) GOVERNANCE.—The Secretary shall estab-
15 lish rules for the structure and governance of the
16 Task Force.
17 (5) DEADLINE.—The Secretary shall complete
18 the appointment of the members of the Task Force
19 not later than 180 days after the date of the enact-
20 ment of this Act.
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1 SEC. 599C. PLAN TO COMBAT RACIAL BIAS, DISCRIMINA-
2 TION, AND HARASSMENT AGAINST ASIAN
3 AMERICAN SERVICE MEMBERS, CIVILIANS,
4 AND CONTRACTOR PERSONNEL.
5 (a) SENSE OF CONGRESS.—It is the sense of Con-
6 gress that:
7 (1) Asian American service members, civilians,
8 and contractors serve with honor and distinction in
9 the Department of Defense.
10 (2) Asian Americans continue to be underrep-
11 resented in the Department of Defense and other
12 national security agencies, especially at senior lead-
13 ership and general and flag officer levels.
14 (3) Greater recruitment, retention, and inclu-
15 sion of Asian American personnel, particularly those
16 with language skills and cultural competencies, is
17 critical to implementation of the Administration’s
18 Interim National Security Strategic Guidance and
19 National Defense Strategy, both of which place
20 greater emphasis on strategic competition in the
21 Indo-Pacific region.
22 (4) The Department of Defense has a responsi-
23 bility to take meaningful action in addressing the
24 higher rates of racially or ethnically rooted bias, dis-
25 crimination, and harassment experienced and re-
26 ported by service members, civilians, and contractor
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1 personnel of Asian American descent, especially
2 women.
3 (5) Protecting and upholding our values in di-
4 versity, equity, and inclusion at home are essential
5 to our efforts in promoting democracy and inclusion
6 abroad.
7 (b) PLAN REQUIRED.—Not later than 180 days after
8 the date of the enactment of this Act, the Secretary of
9 Defense shall—
10 (1) submit to the congressional defense commit-
11 tees a report that includes—
12 (A) an assessment of the extent to which
13 Department of Defense service members, civil-
14 ians, and contractor personnel experience anti-
15 Asian bias, discrimination, or harassment, in-
16 cluding contributing factors such as the security
17 clearance review process;
18 (B) a review of Department of Defense
19 programs, policies, and practices that impact
20 diversity, equity, and inclusion goals, especially
21 with respect to such service members, civilians,
22 and contractor personnel who are Asian Ameri-
23 cans; and
24 (C) recommendations, developed in con-
25 sultation with Asian American organizations, to
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1 address unconscious bias, discrimination, and
2 harassment targeted at Asian Americans and to
3 improve recruitment and retention of Asian
4 American service members, civilians, and con-
5 tractor personnel, including accountability
6 measures and improvements to services to in-
7 form and support personnel with resolving dis-
8 crimination complaints through administrative
9 or judicial processes; and
10 (2) make the report required under paragraph
11 (1) publicly available on the website of the Depart-
12 ment of Defense.
13 (c) IMPLEMENTATION AND UPDATE.—Not later than
14 2 years after the date of the enactment of this Act, the
15 Secretary of Defense shall—
16 (1) implement the recommendations described
17 in subsection (b)(1)(C); and
18 (2) provide to the congressional defense com-
19 mittees an update on the implementation of such
20 recommendations.
21 SEC. 599D. RECURRING REPORT REGARDING COVID-19
22 MANDATE.
23 Not later than 60 days after the date of the enact-
24 ment of this Act and every 60 days thereafter until the
25 Secretary of Defense lifts the requirement that a member
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1 of the Armed Forces shall receive a vaccination against
2 COVID-19, the Secretary shall submit to the Committees
3 on Armed Services of the Senate and House of Represent-
4 atives a report, without any personally identifiable infor-
5 mation, containing the following:
6 (1) With regard to religious exemptions to such
7 requirement—
8 (A) the number of such exemptions for
9 which members applied;
10 (B) the number of such religious exemp-
11 tions denied;
12 (C) the reasons for such denials;
13 (D) the number of members denied such a
14 religious exemption who complied with the re-
15 quirement; and
16 (E) the number of members denied such a
17 religious exemption who did not comply with
18 the requirement who were separated, and with
19 what characterization.
20 (2) With regard to medical exemptions to such
21 requirement—
22 (A) the number of such medical exemp-
23 tions for which members applied;
24 (B) the number of such medical exemp-
25 tions denied;
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1 (C) the reasons for such denials;
2 (D) the number of members denied such a
3 medical exemption who complied with the re-
4 quirement; and
5 (E) the number of members denied such a
6 medical exemption who did not comply with the
7 requirement who were separated, and with what
8 characterization.
9 SEC. 599E. PILOT PROGRAM ON SAFE STORAGE OF PER-
10 SONALLY OWNED FIREARMS.
11 (a) ESTABLISHMENT.—The Secretary of Defense
12 shall establish a voluntary pilot program to promote the
13 safe storage of personally owned firearms.
14 (b) ELEMENTS.—Under the pilot program under sub-
15 section (a), the Secretary of Defense shall furnish to mem-
16 bers of the Armed Forces described in subsection (c) se-
17 cure gun storage or safety devices for the purpose of se-
18 curing personally owned firearms when not in use (includ-
19 ing by directly providing, subsidizing, or otherwise making
20 available such devices).
21 (c) VOLUNTARY PARTICIPANTS.—A member of the
22 Armed Forces described in this subsection is a member
23 of the Armed Forces who elects to participate in the pilot
24 program under subsection (a) and is stationed at a mili-
25 tary installation selected under subsection (e).
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1 (d) PLAN.—Not later than one year after the date
2 of enactment of this Act, the Secretary of Defense shall
3 submit to the congressional defense committees a plan for
4 the implementation of the pilot program under subsection
5 (a).
6 (e) SELECTION OF INSTALLATIONS.—Not later than
7 two years after the date of the enactment of this Act, the
8 Secretary of Defense shall select not fewer than five mili-
9 tary installations at which to carry out the pilot program
10 under subsection (a).
11 (f) DURATION.—The duration of the pilot program
12 under subsection (a) shall be for a period of six years.
13 (g) REPORT.—Upon the termination of the pilot pro-
14 gram under subsection (a), the Secretary of Defense shall
15 submit to the congressional defense committees a report
16 containing the following information:
17 (1) The number and type of secure gun storage
18 or safety devices furnished to members of the Armed
19 Forces under such pilot program.
20 (2) The cost of such pilot program.
21 (3) An analysis of the effect of such pilot pro-
22 gram on suicide prevention.
23 (4) Such other information as the Secretary
24 may determine appropriate, except that such infor-
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1 mation may not include the personally identifiable
2 information of a participant in such pilot program.
3 (h) SECURE GUN STORAGE OR SAFETY DEVICE DE-
4 FINED.—In this subsection, the term ‘‘secure gun storage
5 or safety device’’ means—
6 (1) a device that, when installed on a firearm,
7 is designed to prevent the firearm from being oper-
8 ated without first deactivating the device;
9 (2) a device incorporated into the design of the
10 firearm that is designed to prevent the operation of
11 the firearm by any individual without access to the
12 device; or
13 (3) a safe, gun safe, gun case, lock box, or
14 other device that may be used to store a firearm and
15 is designed to be unlocked only by a key, combina-
16 tion, or other similar means.
17 SEC. 599F. REPORT ON NON-CITIZEN MEMBERS OF THE
18 ARMED FORCES.
19 Section 147(b) of title 10, United States Code, is
20 amended—
21 (1) in paragraph (8), by striking ‘‘and’’ at the
22 end;
23 (2) by redesignating paragraph (9) as para-
24 graph (10); and
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1 (3) by inserting after paragraph (8) the fol-
2 lowing new paragraph:
3 ‘‘(9) shall submit to the congressional defense
4 committees an annual report on—
5 ‘‘(A) the number of members of the Armed
6 Forces who are not citizens of the United
7 States during the year covered by such report;
8 ‘‘(B) the immigration status of such mem-
9 bers; and
10 ‘‘(C) the number of such members natural-
11 ized; and’’.
12 SEC. 599G. REPORT ON INSTANCES OF ANTISEMITISM.
13 The Secretaries concerned shall submit to the con-
14 gressional defense committees a report that identifies,
15 with respect to the equal opportunity programs under the
16 jurisdiction of each Secretary concerned—
17 (1) all administrative investigations into allega-
18 tions of antisemitism; and
19 (2) all substantiated instances of antisemitism.
20 SEC. 599H. ANNUAL REPORT REGARDING COST OF LIVING
21 FOR MEMBERS AND EMPLOYEES OF THE DE-
22 PARTMENT OF DEFENSE.
23 Section 136 of title 10, United States Code, is
24 amended by adding at the end the following new sub-
25 section:
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1 ‘‘(e) The Under Secretary of Defense for Personnel
2 and Readiness shall submit annually to the Committees
3 on Armed Services of the Senate and House of Represent-
4 atives a report containing an analysis of the costs of living,
5 nationwide, for
6 ‘‘(1) members of the Armed Forces on active
7 duty; and
8 ‘‘(2) employees of the Department of Defense.’’.
9 SEC. 599I. REVIEW OF RECRUITING EFFORTS FOR WOMEN.
10 (a) IN GENERAL.—Not later than 180 days after the
11 date of the enactment of this Act, the Secretary of Defense
12 shall evaluate the effectiveness and scale of existing out-
13 reach programs, with the objective of creating new pro-
14 grams or adjusting the existing programs to increase the
15 recruitment of women, including young women, for service
16 in the Armed Forces.
17 (b) REPORT.—Not later than 365 days after the date
18 of the enactment of this Act, the Department shall submit
19 to the Committees on Armed Services of the House of
20 Representatives and the Senate a report that includes—
21 (1) evaluations of existing marketing and re-
22 cruitment efforts to increase recruitment of women
23 in the Armed Forces; and
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1 (2) recommendations on new initiatives, pro-
2 grams, or practices to increase the recruitment of
3 women in the Armed Forces.
4 SEC. 599J. REPORT ON SUPPORT FOR PREGNANT MEM-
5 BERS.
6 The Secretary of Defense shall report to the Commit-
7 tees on Armed Services of the Senate and House of Rep-
8 resentatives a summary of past, current, and future ef-
9 forts to support pregnant members of the Armed Forces,
10 including—
11 (1) the number of pregnant members who
12 served at least one day of active duty in a calendar
13 year;
14 (2) recommendations to improve efforts to sup-
15 port pregnant members.
16 SEC. 599K. CLARIFICATION OF AUTHORITY TO SOLICIT
17 GIFTS IN SUPPORT OF THE MISSION OF THE
18 DEFENSE POW/MIA ACCOUNTING AGENCY TO
19 ACCOUNT FOR MEMBERS OF THE ARMED
20 FORCES AND DEPARTMENT OF DEFENSE CI-
21 VILIAN EMPLOYEES LISTED AS MISSING.
22 Section 1501a of title 10, United States Code, is
23 amended—
24 (1) in subsection (e)(1), by inserting ‘‘solicit,’’
25 after ‘‘the Secretary may’’; and
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1 (2) in subsection (f)(2)—
2 (A) by inserting ‘‘solicitation or’’ after
3 ‘‘provide that’’; and
4 (B) by striking ‘‘acceptance or use’’ and
5 inserting ‘‘solicitation, acceptance, or use’’.
6 SEC. 599L. REPORT ON EFFORTS TO PREVENT AND RE-
7 SPOND TO DEATHS BY SUICIDE IN THE NAVY.
8 (a) REVIEW REQUIRED.—The Inspector General of
9 the Department of Defense shall conduct a review of the
10 efforts by the Secretary of the Navy to—
11 (1) prevent incidents of deaths by suicide, sui-
12 cide attempts, and suicidal ideation among covered
13 members; and
14 (2) respond to such incidents.
15 (b) ELEMENTS OF REVIEW.—The study conducted
16 under subsection (a) shall include an assessment of each
17 of the following:
18 (1) The extent of data collected regarding inci-
19 dents of deaths by suicide, suicide attempts, and sui-
20 cidal ideation among covered members, including
21 data regarding whether such covered members are
22 assigned to sea duty or shore duty at the time of
23 such incidents.
24 (2) The means used by commanders to prevent
25 and respond to incidents of deaths by suicide, sui-
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1 cide attempts, and suicidal ideation among covered
2 members.
3 (3) Challenges related to—
4 (A) the prevention of incidents of deaths
5 by suicide, suicide attempts, and suicidal idea-
6 tion among members of the Navy assigned to
7 sea duty; and
8 (B) the development of a response to such
9 incidents.
10 (4) The capacity of teams providing mental
11 health services to covered members to respond to in-
12 cidents of suicidal ideation or suicide attempts
13 among covered members in the respective unit each
14 such team serves.
15 (5) The means used by such teams to respond
16 to such incidents, including the extent to which post-
17 incident programs are available to covered members.
18 (6) Such other matters as the Inspector Gen-
19 eral considers appropriate in connection with the
20 prevention of deaths by suicide, suicide attempts,
21 and suicidal ideation among covered members.
22 (c) REPORT REQUIRED.—Not later than 180 days
23 after the date of the enactment of this Act, the Inspector
24 General of the Department of Defense shall submit to the
25 congressional defense committees a report that includes
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1 a summary of the results of the review conducted under
2 subsection (a).
3 (d) COVERED MEMBER DEFINED.—In this section
4 the term ‘‘covered member’’ means a member of the Navy
5 assigned to sea duty or shore duty.
6 SEC. 599M. REPORT ON PROGRAMS THROUGH WHICH MEM-
7 BERS OF THE ARMED FORCES MAY FILE
8 ANONYMOUS CONCERNS.
9 (a) REVIEW REQUIRED.—The Inspector General of
10 the Department of Defense shall conduct a review that
11 shall include an assessment of the extent to which the Sec-
12 retary of Defense and each Secretary of a military depart-
13 ment have—
14 (1) issued policy and guidance concerning the
15 establishment, promotion, and management of an
16 anonymous concerns program;
17 (2) established safeguards in such policy and
18 guidance to ensure the anonymity of concerns or
19 complaints filed through an anonymous concerns
20 program; and
21 (3) used an anonymous concerns program—
22 (A) for purposes that include services on a
23 military installation; and
24 (B) in settings that include—
25 (i) naval vessels;
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1 (ii) military installations outside the
2 continental United States; and
3 (iii) remote locations.
4 (b) REPORT REQUIRED.—Not later than 180 days
5 after the date of the enactment of this Act, the Inspector
6 General of the Department of Defense shall submit to the
7 congressional defense committees a report that includes
8 the findings of the review conducted under subsection (a).
9 (c) ANONYMOUS CONCERNS PROGRAM DEFINED.—
10 In this section, the term ‘‘anonymous concerns pro-
11 gram’’—
12 (1) means a program that enables a member of
13 the Armed Force to anonymously submit a com-
14 plaint or concern related to topics that include—
15 (A) morale;
16 (B) quality of life;
17 (C) safety; or
18 (D) the availability of Department of De-
19 fense programs or services to support members
20 of the Armed Forces; and
21 (2) does not include an anonymous reporting
22 mechanism related to sexual harassment, sexual as-
23 sault, anti-harassment complaints, or military equal
24 opportunity complaints.
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1 SEC. 599N. SENSE OF CONGRESS REGARDING ULYSSES S.
2 GRANT.
3 It is the Sense of Congress that—
4 (1) the efforts and leadership of Ulysses S.
5 Grant in defending the United States deserve honor;
6 (2) the military victories achieved under the
7 command of Ulysses S. Grant were integral to the
8 preservation of the United States; and
9 (3) Ulysses S. Grant is among the most influen-
10 tial military commanders in the history of the
11 United States.
12 TITLE VI—COMPENSATION AND
13 OTHER PERSONNEL BENEFITS
14 Subtitle A—Basic Pay and
15 Allowances
16 SEC. 601. EXCLUSION OF BAH FROM GROSS HOUSEHOLD
17 INCOME FOR PURPOSES OF BASIC NEEDS AL-
18 LOWANCE.
19 Section 402b(k)(1) of title 37, United States Code,
20 is amended by striking subparagraph (B) and inserting
21 the following:
22 ‘‘(B) the basic allowance for housing under
23 section 403 of this title paid to such member.’’.
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1 SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR A MEMBER
2 WITHOUT DEPENDENTS WHOSE RELOCATION
3 WOULD FINANCIALLY DISADVANTAGE SUCH
4 MEMBER.
5 Section 403(o) of title 37, United States Code, is
6 amended—
7 (1) by inserting ‘‘(1)’’ before ‘‘In the case of a
8 member who is assigned’’; and
9 (2) by adding at the end the following new
10 paragraph:
11 ‘‘(2) In the case of a member without dependents who
12 is assigned to a unit that undergoes a change of home
13 port or a change of permanent duty station, the Secretary
14 concerned may, if the Secretary concerned determines that
15 it would be inequitable to base the member’s entitlement
16 to, and amount of, a basic allowance for housing on the
17 new home port or permanent duty station, treat such
18 member, for the purposes of this section, as if the unit
19 to which the member is assigned did not undergo such
20 a change.’’.
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1 SEC. 603. TEMPORARY CONTINUATION OF RATE OF BASIC
2 ALLOWANCE FOR HOUSING FOR MEMBERS
3 OF THE ARMED FORCES WHOSE SOLE DE-
4 PENDENT DIES WHILE RESIDING WITH THE
5 MEMBER.
6 (a) AUTHORITY.—Section 403 of title 37, United
7 States Code, as amended by section 602, is further amend-
8 ed by—
9 (1) redesignating subsections (m) through (p)
10 as subsections (n) through (q);
11 (2) by inserting after subsection (l) the fol-
12 lowing new subsection (m):
13 ‘‘(m) TEMPORARY CONTINUATION OF RATE OF
14 BASIC ALLOWANCE FOR MEMBERS OF THE ARMED
15 FORCES WHOSE SOLE DEPENDENT DIES WHILE RESID-
16 ING WITH THE MEMBER.—(1) Notwithstanding sub-
17 section (a)(2) or any other section of law, the Secretary
18 of Defense and or the Secretary of the Department in
19 which the Coast Guard is operating, may, after the death
20 of the sole dependent of a member of the armed forces,
21 continue to pay a basic allowance for housing to such
22 member at the rate paid to such member at the time of
23 the death of such sole dependent if—
24 ‘‘(A) such sole dependent dies—
25 ‘‘(i) while the member is on active duty;
26 and
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1 ‘‘(ii) while residing with the member, un-
2 less separated by the necessity of military serv-
3 ice or to receive institutional care as a result of
4 disability or incapacitation or under such other
5 circumstances as the Secretary concerned may
6 by regulation prescribe; and
7 ‘‘(B) the member—
8 ‘‘(i) is not occupying a housing facility
9 under the jurisdiction of the Secretary con-
10 cerned on the date of the death of the sole de-
11 pendent; or
12 ‘‘(ii) is occupying such housing on a rental
13 basis on such date.
14 ‘‘(2) The continuation of the rate of an allowance
15 under this subsection shall terminate 365 days after the
16 date of the death of the sole dependent.’’.
17 (b) CONFORMING AMENDMENT.—Section 2881a(c)
18 of title 10, United States Code, is amended by striking
19 ‘‘section 403(n)’’ and inserting ‘‘section 403(o)’’.
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1 SEC. 604. ALLOWANCE FOR GYM MEMBERSHIP FOR CER-
2 TAIN MEMBERS OF THE ARMED FORCES WHO
3 RESIDE MORE THAN 10 MILES FROM A MILI-
4 TARY INSTALLATION.
5 (a) ESTABLISHMENT.—Chapter 7 of title 37, United
6 States Code, is amended by inserting after section 425 the
7 following new section:
8 ‘‘§ 426. Allowance for gym membership for certain
9 members of the armed forces who reside
10 more than 10 miles from a military instal-
11 lation
12 ‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary of
13 the military department concerned may pay, to a covered
14 member, a monthly allowance for a gym membership.
15 ‘‘(b) AMOUNT.—A monthly allowance to a covered
16 member under this section shall be in an amount deter-
17 mined by the Secretary of Defense based on the average
18 cost of a gym membership in the military housing area
19 in which the covered member resides.
20 ‘‘(c) DEFINITIONS.—In this section:
21 ‘‘(1) The term ‘covered armed force’ means the
22 following:
23 ‘‘(A) The Army.
24 ‘‘(B) The Navy.
25 ‘‘(C) The Marine Corps.
26 ‘‘(D) The Air Force.
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1 ‘‘(E) The Space Force.
2 ‘‘(2) The term ‘covered member’ means a mem-
3 ber of a covered armed force—
4 ‘‘(A) who resides more than 10 miles from
5 a military installation; and
6 ‘‘(B) who furnishes to the Secretary of the
7 military department concerned receipts or other
8 evidence such member has a gym member-
9 ship.’’.
10 (b) CLERICAL AMENDMENT.—The table of sections
11 at the beginning of such chapter is amended by inserting
12 after the item relating to section 425 the following:
‘‘426. Allowance for gym membership for certain members of the armed forces
who reside more than 10 miles from a military installation.’’.
13 SEC. 605. REVIVAL AND REDESIGNATION OF PROVISION ES-
14 TABLISHING BENEFITS FOR CERTAIN MEM-
15 BERS ASSIGNED TO THE DEFENSE INTEL-
16 LIGENCE AGENCY.
17 (a) REVIVIAL.—Section 491 of title 37, United States
18 Code—
19 (1) is revived to read as it did immediately be-
20 fore its repeal under section 604 of the National De-
21 fense Authorization Act for Fiscal Year 2022 (Pub-
22 lic Law 117–81); and
23 (2) is redesignated as section 431 of such title.
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1 (b) CLERICAL AMENDMENT.—The table of sections
2 at the beginning of chapter 7 of such title is amended by
3 inserting, after the item relating to section 427, the fol-
4 lowing new item:
‘‘431. Benefits for certain members assigned to the Defense Intelligence Agen-
cy.’’.
5 SEC. 606. REIMBURSEMENT OF CERTAIN CHILD CARE
6 COSTS INCIDENT TO A PERMANENT CHANGE
7 OF STATION OR ASSIGNMENT.
8 (a) DESIGNATED CHILD CARE PROVIDER: DEFINI-
9 TION; INCLUSION AS AUTHORIZED TRAVELER.—Section
10 451(a) of title 37, United States Code, is amended—
11 (1) in paragraph (2)(C), by inserting ‘‘, or as
12 a designated child care provider if child care is not
13 available to a member of the armed forces at a mili-
14 tary child development center (as that term is de-
15 fined in section 1800 of title 10) at the permanent
16 duty location of such member not later than 30 days
17 after the member arrives at such location’’ before
18 the period; and
19 (2) by adding at the end the following new
20 paragraph:
21 ‘‘(4) The term ‘designated child care provider’
22 means an adult selected by a member of the armed
23 forces to provide child care to a dependent child of
24 such member.’’.
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1 (b) AUTHORIZATION OF REIMBURSEMENT.—Section
2 453 of title 37, United States Code, is amended by adding
3 at the end the following new subsection:
4 ‘‘(h) REIMBURSEMENT OF CERTAIN CHILD CARE
5 COSTS INCIDENT TO A MEMBER’S PERMANENT CHANGE
6 OF STATION OR ASSIGNMENT.—(1) From amounts other-
7 wise made available for a fiscal year to provide travel and
8 transportation allowances under this chapter, the Sec-
9 retary concerned may reimburse a member of the armed
10 forces for travel expenses for a designated child care pro-
11 vider when—
12 ‘‘(A) the member is reassigned, either as a per-
13 manent change of station or permanent change of
14 assignment, to a new duty station;
15 ‘‘(B) the movement of the member’s dependents
16 is authorized at the expense of the United States
17 under this section as part of the reassignment;
18 ‘‘(C) child care is not available at a military
19 child development center (as that term is defined in
20 section 1800 of title 10) at such duty station not
21 later than 30 days after the member arrives at such
22 duty station; and
23 ‘‘(D) the dependent child is on the wait list for
24 child care at such military child development center.
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1 ‘‘(2) Reimbursement provided to a member under
2 this subsection may not exceed—
3 ‘‘(A) $500 for a reassignment between duty sta-
4 tions within the continental United States; and
5 ‘‘(B) $1,500 for a reassignment involving a
6 duty station outside of the continental United
7 States.
8 ‘‘(3) A member may not apply for reimbursement
9 under this subsection later than one year after a reassign-
10 ment described in paragraph (1).
11 ‘‘(4) In the event a household contains two or more
12 members eligible for reimbursement under this subsection,
13 reimbursement may be paid to one member among such
14 members as such members shall jointly elect.’’.
15 SEC. 607. ALLOWABLE TRAVEL AND TRANSPORTATION AL-
16 LOWANCES: COMPLEX OVERHAUL.
17 Section 452(b) of title 37, United States Code, is
18 amended—
19 (1) by redesignating the second paragraph (18)
20 as paragraph (21); and
21 (2) by adding at the end the following new
22 paragraphs:
23 ‘‘(22) Permanent change of assignment to or
24 from a naval vessel undergoing nuclear refueling or
25 defueling and any concurrent complex overhaul, even
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1 if such assignment is within the same area as the
2 current assignment of the member.
3 ‘‘(23) Current assignment to a naval vessel en-
4 tering or exiting nuclear refueling or defueling and
5 any concurrent complex overhaul.’’.
6 SEC. 608. EXPANSION OF AUTHORITY TO REIMBURSE A
7 MEMBER OF THE UNIFORMED SERVICES FOR
8 SPOUSAL BUSINESS COSTS ARISING FROM A
9 PERMANENT CHANGE OF STATION.
10 Subsection (g) of section 453 of title 37, United
11 States Code, as amended by section 606, is further amend-
12 ed—
13 (1) in the heading, by inserting ‘‘OR BUSINESS
14 COSTS’’ after ‘‘RELICENSING COSTS’’;
15 (2) in paragraph (1), by inserting ‘‘or qualified
16 business costs’’ after ‘‘qualified relicensing costs’’;
17 (3) in paragraph (2)—
18 (A) by inserting ‘‘(A)’’ before ‘‘Reimburse-
19 ment’’;
20 (B) by inserting ‘‘for qualified relicensing
21 costs’’ after ‘‘subsection’’;
22 (C) by striking ‘‘$1000’’ and inserting
23 ‘‘$1,000’’; and
24 (D) by adding at the end the following new
25 subparagraph:
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1 ‘‘(B) Reimbursement provided to a member under
2 this subsection for qualified business costs may not exceed
3 $2,000 in connection with each reassignment described in
4 paragraph (1).’’;
5 (4) in paragraph (3), by inserting ‘‘or qualified
6 business costs’’ after ‘‘qualified relicensing costs’’;
7 (5) in paragraph (4)—
8 (A) in the matter preceding subparagraph
9 (A), by inserting ‘‘business license, permit,’’
10 after ‘‘courses,’’;
11 (B) in subparagraph (A)—
12 (i) by inserting ‘‘, or owned a busi-
13 ness,’’ before ‘‘during’’;
14 (ii) by inserting ‘‘professional’’ before
15 ‘‘license’’; and
16 (iii) by inserting ‘‘, or business license
17 or permit,’’ after ‘‘certification’’; and
18 (C) in subparagraph (B)—
19 (i) by inserting ‘‘professional’’ before
20 ‘‘license’’; and
21 (ii) by inserting ‘‘, or business license
22 or permit,’’ after ‘‘certification’’; and
23 (6) by adding at the end the following new
24 paragraph:
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1 ‘‘(5) In this subsection, the term ‘qualified business
2 costs’ means costs, including moving services for equip-
3 ment, equipment removal, new equipment purchases, in-
4 formation technology expenses, and inspection fees, in-
5 curred by the spouse of a member if—
6 ‘‘(A) the spouse owned a business during the
7 member’s previous duty assignment and the costs re-
8 sult from a movement described in paragraph (1)(B)
9 in connection with the member’s change in duty lo-
10 cation pursuant to reassignment described in para-
11 graph (1)(A); and
12 ‘‘(B) the costs were incurred or paid to move
13 such business to a new location in connection with
14 such reassignment.’’.
15 SEC. 609. PERMANENT AUTHORITY TO REIMBURSE MEM-
16 BERS FOR SPOUSE RELICENSING COSTS PUR-
17 SUANT TO A PERMANENT CHANGE OF STA-
18 TION.
19 Subsection (g) of section 453 of title 37, United
20 States Code, as amended by sections 606 and 608, is fur-
21 ther amended by striking paragraph (3) and redesignating
22 paragraph (4) as paragraph (3).
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1 SEC. 609A. TRAVEL AND TRANSPORTATION ALLOWANCES
2 FOR CERTAIN MEMBERS OF THE ARMED
3 FORCES WHO ATTEND A PROFESSIONAL
4 MILITARY EDUCATION INSTITUTION OR
5 TRAINING CLASSES.
6 Section 453 of title 37, United States Code, as
7 amended by sections 606, 608, and 609, is further amend-
8 ed by adding at the end the following new subsection:
9 ‘‘(i) ATTENDANCE AT PROFESSIONAL MILITARY
10 EDUCATION INSTITUTION OR TRAINING CLASSES.—
11 ‘‘(1) The Secretary of the military department
12 concerned may authorize temporary duty status, and
13 travel and transportation allowances payable to a
14 member in such status, for a member under the ju-
15 risdiction of such Secretary who is reassigned—
16 ‘‘(A) between duty stations located within
17 the United States;
18 ‘‘(B) for a period of not more than one
19 year;
20 ‘‘(C) for the purpose of participating in
21 professional military education or training
22 classes,
23 ‘‘(D) with orders to return to the duty sta-
24 tion where the member maintains primary resi-
25 dence and the dependents of such member re-
26 side.
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1 ‘‘(2) If the Secretary of the military department
2 concerned assigns permanent duty status to a mem-
3 ber described in paragraph (1), such member shall
4 be eligible for travel and transportation allowances
5 including the following:
6 ‘‘(A) Transportation, including mileage at
7 the same rate paid for a permanent change of
8 station.
9 ‘‘(B) Per diem while traveling between the
10 permanent duty station and professional mili-
11 tary education institution or training site.
12 ‘‘(C) Per diem paid in the same manner
13 and amount as temporary lodging expenses.
14 ‘‘(D) Per diem equal to the amount of the
15 basic allowance for housing under section 403
16 of this title paid to a member—
17 ‘‘(i) in the grade of such member;
18 ‘‘(ii) without dependents;
19 ‘‘(iii) who resides in the military hous-
20 ing area in which the professional military
21 education institution or training site is lo-
22 cated.
23 ‘‘(E) Movement of household goods in an
24 amount determined under applicable regula-
25 tions.’’.
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1 SEC. 609B. ESTABLISHMENT OF ALLOWANCE FOR CERTAIN
2 RELOCATIONS OF PETS OF MEMBERS OF THE
3 UNIFORMED SERVICES.
4 (a) ESTABLISHMENT.—Section 453 of title 37,
5 United States Code, as amended by sections 606, 608,
6 609, and 609A, is further amended by adding at the end
7 the following new subsection:
8 ‘‘(j) PET RELOCATION ARISING FROM A PERMANENT
9 CHANGE OF DUTY STATION TO OR FROM A LOCATION
10 OUTSIDE THE CONTINENTAL UNITED STATES.—(1) The
11 Secretary concerned shall reimburse a member for costs—
12 ‘‘(A) to move a pet of the member; and
13 ‘‘(B) arising from a permanent change of duty
14 station of such member to or from a location outside
15 the continental United States.
16 ‘‘(2) Reimbursement provided to a member under
17 this subsection may not exceed $2,000 in connection with
18 each permanent change of duty station described in para-
19 graph (1).
20 ‘‘(3) In this subsection, the term ‘pet’ has the mean-
21 ing given such term in section 2266 of title 18.’’.
22 (b) EFFECTIVE DATE.—The amendment made by
23 this section takes effect on the day that is 180 days after
24 the date of the enactment of this Act and applies to the
25 relocation of a member of the uniformed services on or
26 after such day.
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1 SEC. 609C. EXTENSION OF ONE-TIME UNIFORM ALLOW-
2 ANCE FOR OFFICERS WHO TRANSFER TO THE
3 SPACE FORCE.
4 Subsection (d)(1) of section 606 of the William M.
5 (Mac) Thornberry National Defense Authorization Act for
6 Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3672;
7 37 U.S.C. 416 note) is amended by striking ‘‘September
8 30, 2022’’ and inserting ‘‘September 30, 2023’’.
9 SEC. 609D. OCONUS COST OF LIVING ALLOWANCE: ADJUST-
10 MENTS; NOTICE TO CERTAIN CONGRES-
11 SIONAL COMMITTEES.
12 (a) ADJUSTMENTS.—
13 (1) REDUCTIONS: LIMITATION.—The Secretary
14 of Defense and the Secretary of the Department in
15 which the Coast Guard is operating may not reduce
16 the cost-of-living allowance for a member of the
17 Armed Forces assigned to a duty station located
18 outside the United States except in connection with
19 a permanent change of station for such member.
20 (2) INCREASES.—The Secretary of Defense and
21 the Secretary of the Department in which the Coast
22 Guard is operating may increase the allowance de-
23 scribed in paragraph (1) for a member of the Armed
24 Forces at any time.
25 (b) NOTICE TO CERTAIN CONGRESSIONAL COMMIT-
26 TEES.—The Secretary of Defense shall notify the appro-
•HR 7900 EH
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1 priate congressional committees not less than 180 days be-
2 fore modifying a table used to calculate the living allow-
3 ance described in subsection (a).
4 (c) BRIEFING.—Not later than March 1, 2023, the
5 Secretary of Defense shall brief the Committees on Armed
6 Services of the Senate and House of Representatives re-
7 garding effects of this section on the allowance described
8 in subsection (a).
9 (d) APPROPRIATE CONGRESSIONAL COMMITTEES
10 DEFINED.—In this section, the term ‘‘appropriate con-
11 gressional committees’’ means the following:
12 (1) The Committee on Armed Services of the
13 Senate.
14 (2) The Committees on Armed Services of the
15 House of Representatives.
16 (3) The Committee on Commerce, Science, and
17 Transportation of the Senate.
18 (4) The Committee on Transportation and In-
19 frastructure of the House of Representatives.
20 SEC. 609E. PAY FOR DOD AND COAST GUARD CHILD CARE
21 PROVIDERS: STUDIES; ADJUSTMENT.
22 (a) DOD CHILD CARE EMPLOYEE COMPENSATION
23 REVIEW.—
24 (1) REVIEW REQUIRED.—The Secretary of De-
25 fense shall, for each geographic area in which the
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1 Secretary of a military department operates a mili-
2 tary child development center, conduct a study—
3 (A) comparing the total compensation, in-
4 cluding all pay and benefits, of child care em-
5 ployees of each military child development cen-
6 ter in the geographic area to the total com-
7 pensation of similarly credentialed employees of
8 public elementary schools in such geographic
9 area; and
10 (B) estimating the difference in average
11 pay and the difference in average benefits be-
12 tween such child care employees and such em-
13 ployees of public elementary schools.
14 (2) SCHEDULE.—The Secretary of Defense
15 shall complete the studies required under paragraph
16 (1)—
17 (A) for the geographic areas containing the
18 military installations with the 25 longest wait
19 lists for child care services at military child de-
20 velopment centers, not later than one year after
21 the date of the enactment of this Act; and
22 (B) for geographic areas other than geo-
23 graphic areas described in subparagraph (A),
24 not later than two years after the date of the
25 enactment of this Act.
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1 (3) REPORTS.—
2 (A) INTERIM REPORT.—Not later than one
3 year after the date of the enactment of this Act,
4 the Secretary of Defense shall submit to the
5 congressional defense committees and the Coast
6 Guard committees a report summarizing the re-
7 sults of the studies required under paragraph
8 (1) that have been completed as of the date of
9 the submission of such report.
10 (B) FINAL REPORT.—Not later than 120
11 days after the completion of all the studies re-
12 quired under paragraph (1), the Secretary shall
13 submit to the congressional defense committees
14 and the Coast Guard committees a report sum-
15 marizing the results of such studies.
16 (b) COAST GUARD CHILD DEVELOPMENT CENTER
17 EMPLOYEE COMPENSATION REVIEW.—
18 (1) REVIEW REQUIRED.—The Secretary of
19 Homeland Security shall, for each geographic area
20 in which the Secretary operates a Coast Guard child
21 development center, conduct a study—
22 (A) comparing the total compensation (in-
23 cluding all pay and benefits) of child develop-
24 ment center employees of each Coast Guard
25 child development center in such geographic
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1 area, to the total compensation of similarly
2 credentialed employees of public elementary
3 schools in such geographic area; and
4 (B) estimating the difference in average
5 pay and the difference in average benefits be-
6 tween such child development center employees
7 and such employees of public elementary
8 schools.
9 (2) SCHEDULE.—The Secretary of Homeland
10 Security shall complete the studies required under
11 paragraph (1)—
12 (A) for the geographic areas containing the
13 Coast Guard installations with the 10 longest
14 wait lists for child development services at
15 Coast Guard child development centers, not
16 later than one year after the date of the enact-
17 ment of this Act; and
18 (B) for geographic areas other than geo-
19 graphic areas described in subparagraph (A),
20 not later than two years after the date of the
21 enactment of this Act.
22 (3) REPORTS.—
23 (A) INTERIM REPORT.—Not later than one
24 year after the date of the enactment of this Act,
25 the Secretary of Homeland Security shall sub-
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1 mit to the Coast Guard committees and the
2 congressional defense committees a report sum-
3 marizing the results of the respective studies re-
4 quired under paragraph (1) that the Secretary
5 has completed as of the date of the submission
6 of such report.
7 (B) FINAL REPORT.—Not later than 120
8 days after the completion of all respective stud-
9 ies required under paragraph (1), the Secretary
10 of Homeland Security shall submit to the Coast
11 Guard committees and the congressional de-
12 fense committees a report summarizing the re-
13 sults of such studies.
14 (c) COMPENSATION ADJUSTMENT.—
15 (1) IN GENERAL.—
16 (A) DEPARTMENT OF DEFENSE.—Not
17 later than 90 days after the date on which the
18 Secretary of Defense completes the study for a
19 geographic area under subsection (a), the Sec-
20 retary of each military department that oper-
21 ates a military child development center in such
22 geographic area shall ensure that the dollar
23 value of the total compensation, including the
24 pay and benefits, of child care employees is not
25 less than the average dollar value of the total
•HR 7900 EH
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1 compensation of similarly credentialed employ-
2 ees of public elementary schools in such geo-
3 graphic area.
4 (B) COAST GUARD.—Not later than 90
5 days after the date on which the Secretary of
6 Homeland Security completes the study for a
7 geographic area under subsection (b), the Com-
8 mandant of the Coast Guard shall ensure that
9 the dollar value of the total compensation, in-
10 cluding the pay and benefits, of child develop-
11 ment center employees in such geographic area
12 is not less than the average dollar value of the
13 total compensation of similarly credentialed em-
14 ployees of public elementary schools in such ge-
15 ographic area.
16 (2) ADJUSTMENT LIMIT.—No child care em-
17 ployee or child development center employee may
18 have his or her pay or benefits decreased pursuant
19 to paragraph (1).
20 (3) REPORTS.—
21 (A) DEPARTMENT OF DEFENSE.—Not
22 later than one year after the date of the enact-
23 ment of this Act, and annually thereafter for
24 five years, each Secretary of a military depart-
25 ment shall submit to the congressional defense
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1 committees and the Coast Guard committees a
2 report detailing the effects of changes in the
3 total compensation under this subsection, in-
4 cluding the effects on the hiring and retention
5 of child care employees and on the number of
6 children for which military child development
7 centers provide child care services.
8 (B) COAST GUARD.—Not later than one
9 year after the date of the enactment of this Act,
10 and annually thereafter for five years, the Com-
11 mandant of the Coast Guard shall submit to
12 the Coast Guard committees and the congres-
13 sional defense committees a report detailing the
14 effects of changes in the total compensation
15 under this subsection, including the effects on
16 the hiring and retention of child development
17 center employees and on the number of children
18 for which Coast Guard child development cen-
19 ters provide child development services.
20 (d) DEFINITIONS.—In this section:
21 (1) The term ‘‘benefits’’ includes—
22 (A) retirement benefits;
23 (B) any insurance premiums paid by an
24 employer;
•HR 7900 EH
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1 (C) education benefits, including tuition re-
2 imbursement and student loan repayment; and
3 (D) any other compensation an employer
4 provides to an employee for service performed
5 as an employee (other than pay), as determined
6 appropriate by the Secretary of Defense or Sec-
7 retary of Homeland Security, as applicable.
8 (2) The terms ‘‘child care employee’’ and ‘‘mili-
9 tary child development center’’ have the meanings
10 given such terms in section 1800 of title 10, United
11 States Code.
12 (3) The terms ‘‘child development center em-
13 ployee’’ and ‘‘Coast Guard child development center’’
14 have the meanings given such terms in section 2921
15 of title 14, United States Code.
16 (4) The term ‘‘Coast Guard committees’’
17 means—
18 (A) the Committee on Commerce, Science,
19 and Transportation of the Senate;
20 (B) the Committee on Transportation and
21 Infrastructure of the House of Representatives;
22 and
23 (C) the Committees on Appropriations of
24 the Senate and the House of Representatives.
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1 (5) The term ‘‘congressional defense commit-
2 tees’’ has the meaning given such term in section
3 101 of title 10, United States Code.
4 (6) The term ‘‘elementary school’’ means a day
5 or residential school which provides elementary edu-
6 cation, as determined under State law.
7 (7) The term ‘‘pay’’ includes the basic rate of
8 pay of an employee and any additional payments an
9 employer pays to an employee for service performed
10 as an employee.
11 Subtitle B—Bonus and Incentive
12 Pays
13 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING
14 BONUS AND SPECIAL PAY AUTHORITIES.
15 (a) AUTHORITIES RELATING TO RESERVE
16 FORCES.—Section 910(g) of title 37, United States Code,
17 relating to income replacement payments for reserve com-
18 ponent members experiencing extended and frequent mo-
19 bilization for active duty service, is amended by striking
20 ‘‘December 31, 2022’’ and inserting ‘‘December 31,
21 2023’’.
22 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH
23 CARE PROFESSIONALS.—The following sections of title
24 10, United States Code, are amended by striking ‘‘Decem-
25 ber 31, 2022’’ and inserting ‘‘December 31, 2023’’:
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1 (1) Section 2130a(a)(1), relating to nurse offi-
2 cer candidate accession program.
3 (2) Section 16302(d), relating to repayment of
4 education loans for certain health professionals who
5 serve in the Selected Reserve.
6 (c) AUTHORITIES RELATING TO NUCLEAR OFFI-
7 CERS.—Section 333(i) of title 37, United States Code, is
8 amended by striking ‘‘December 31, 2022’’ and inserting
9 ‘‘December 31, 2023’’.
10 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
11 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
12 THORITIES.—The following sections of title 37, United
13 States Code, are amended by striking ‘‘December 31,
14 2022’’ and inserting ‘‘December 31, 2023’’:
15 (1) Section 331(h), relating to general bonus
16 authority for enlisted members.
17 (2) Section 332(g), relating to general bonus
18 authority for officers.
19 (3) Section 334(i), relating to special aviation
20 incentive pay and bonus authorities for officers.
21 (4) Section 335(k), relating to special bonus
22 and incentive pay authorities for officers in health
23 professions.
•HR 7900 EH
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1 (5) Section 336(g), relating to contracting
2 bonus for cadets and midshipmen enrolled in the
3 Senior Reserve Officers’ Training Corps.
4 (6) Section 351(h), relating to hazardous duty
5 pay.
6 (7) Section 352(g), relating to assignment pay
7 or special duty pay.
8 (8) Section 353(i), relating to skill incentive
9 pay or proficiency bonus.
10 (9) Section 355(h), relating to retention incen-
11 tives for members qualified in critical military skills
12 or assigned to high priority units.
13 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE
14 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section
15 403(b) of title 37, United States Code, is amended—
16 (1) in paragraph (7)(E), by striking ‘‘December
17 31, 2022’’ and inserting ‘‘December 31, 2023’’; and
18 (2) in paragraph (8)(C), by striking ‘‘Sep-
19 tember 30, 2022’’ and inserting ‘‘December 31,
20 2023’’.
21 SEC. 612. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN
22 BONUS AND SPECIAL PAY AUTHORITIES.
23 (a) GENERAL BONUS AUTHORITY FOR ENLISTED
24 MEMBERS.—Section 331(c)(1) of title 37, United States
25 Code, is amended—
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1 (1) in subparagraph (A), by striking ‘‘$50,000’’
2 and inserting ‘‘$75,000’’; and
3 (2) in subparagraph (B), by striking ‘‘$30,000’’
4 and inserting ‘‘$50,000’’.
5 (b) SPECIAL BONUS AND INCENTIVE PAY AUTHORI-
6 TIES FOR NUCLEAR OFFICERS.—Section 333(d)(1)(A) of
7 title 37, United States Code, is amended by striking
8 ‘‘$50,000’’ and inserting ‘‘$75,000’’.
9 (c) SPECIAL AVIATION INCENTIVE PAY AND BONUS
10 AUTHORITIES FOR OFFICERS.—Section 334(c)(1) of title
11 37, United States Code, is amended—
12 (1) in subparagraph (A), by striking ‘‘$1,000’’
13 and inserting ‘‘$1,500’’; and
14 (2) in subparagraph (B), by striking ‘‘$35,000’’
15 and inserting ‘‘$75,000’’.
16 (d) SKILL INCENTIVE PAY OR PROFICIENCY
17 BONUS.—Section 353(c)(1)(A) of title 37, United States
18 Code, is amended by striking ‘‘$1,000’’ and inserting
19 ‘‘$1,750’’.
20 SEC. 613. SPECIAL PAY AND ALLOWANCES FOR MEMBERS
21 OF THE ARMED FORCES ASSIGNED TO COLD
22 WEATHER OPERATIONS.
23 (a) SPECIAL PAY.—
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1 (1) ESTABLISHMENT.—Subchapter II of chap-
2 ter 5 of title 37, United States Code, is amended by
3 inserting after section 336 the following new section:
4 ‘‘§ 337. Special pay: members of the armed forces as-
5 signed to cold weather operations
6 ‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary
7 concerned shall pay monthly special pay (to be known as
8 ‘arctic pay’) to a member of the armed forces—
9 ‘‘(1) assigned to perform cold weather oper-
10 ations; or
11 ‘‘(2) required to maintain proficiency through
12 frequent operations in cold weather.
13 ‘‘(b) AMOUNT OF PAY.—Special pay under this sec-
14 tion shall equal $300 per month.
15 ‘‘(c) RELATIONSHIP TO OTHER PAY OR ALLOW-
16 ANCES.—Special pay under this section is in addition to
17 any other pay or allowance to which a member is entitled.
18 ‘‘(d) SUNSET.—No special pay may be paid under
19 this section after December 31, 2023.’’.
20 (2) CLERICAL AMENDMENT.—The table of sec-
21 tions at the beginning of such chapter is amended
22 by inserting after the item relating to section 336
23 the following:
‘‘337. Special pay: members of the armed forces assigned to permanent duty
stations in Alaska.’’.
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1 (3) REGULATIONS.—The Secretary of Defense
2 shall prescribe regulations for the payment of arctic
3 pay under section 337 of such title, as added by sub-
4 section (a).
5 (b) PILOT ALLOWANCE FOR BROADBAND.—
6 (1) ESTABLISHMENT.—Chapter 7 of title 37,
7 United States Code, is amended by inserting after
8 section 425 the following new section:
9 ‘‘§ 426. Allowance for broadband for members of the
10 armed forces assigned to permanent duty
11 stations in Alaska
12 ‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary con-
13 cerned shall pay, to a member of the armed forces as-
14 signed to a permanent duty station in Alaska, a monthly
15 allowance for broadband.
16 ‘‘(b) AMOUNT.—The monthly allowance to a member
17 under this section shall be—
18 ‘‘(1) $125 during calendar year 2023; and
19 ‘‘(2) in subsequent calendar years, an amount
20 determined by the Secretary of Defense based on the
21 difference between the average costs of unlimited
22 broadband plans in Alaska and in the continental
23 United States.
24 ‘‘(c) SUNSET.—No allowance may be paid under this
25 section after December 31, 2028.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec-
2 tions at the beginning of such chapter is amended
3 by inserting after the item relating to section 425
4 the following:
‘‘426. Allowance for broadband for members of the armed forces assigned to
permanent duty stations in Alaska.’’.
5 (3) EFFECTIVE DATE.—Section 426 of such
6 title, as added by this subsection, shall take effect on
7 the day the Secretary of Defense prescribes regula-
8 tions under paragraph (4).
9 (4) REGULATIONS.—Not later than six months
10 after the date of the enactment of this Act, the Sec-
11 retary of Defense shall prescribe regulations to carry
12 out section 426 of such title, as added by this sub-
13 section.
14 (5) REPORT.—Not later than December 31,
15 2027, the Secretary of Defense shall submit to the
16 Committees on Armed Services of the Senate and
17 House of Representatives a report containing—
18 (A) the evaluation of the Secretary of the
19 allowance under section 426 of such title, as
20 added by this subsection; and
21 (B) any recommendation of the Secretary
22 regarding whether such allowance should be
23 amended, extended, or made permanent.
24 (c) TRAVEL AND TRANSPORTATION ALLOWANCE.—
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1 (1) ENTITLEMENT.—Not later than 90 days
2 after the date of the enactment of this Act, the Sec-
3 retary of Defense shall prescribe regulations and
4 guidance that entitle a member of the Armed
5 Forces, assigned to a permanent duty station in
6 Alaska, to a one-time allowance for air travel for the
7 member and dependents of such member.
8 (2) AMOUNTS.—If the air travel is to the per-
9 manent residence of the member, the amount of the
10 allowance shall equal the total costs of such air trav-
11 el. If such air travel is to another destination within
12 the United States, amount of the allowance shall be
13 equal to the lesser of the following:
14 (A) The rate for such air travel under the
15 City Pair Program of the General Services Ad-
16 ministration (or successor program) in effect at
17 the time of such air travel.
18 (B) The actual costs of such air travel.
19 (3) TIMING.—Air travel reimbursed under such
20 regulation may not commence later than 30 months
21 after the member is assigned to a permanent duty
22 station in Alaska.
23 (4) ADDITIONAL AUTHORIZATION.—The Sec-
24 retary concerned may authorize an additional allow-
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1 ance for a member who has used the allowance to
2 which such member is entitled under this subsection.
3 SEC. 614. AUTHORIZATION OF INCENTIVE PAY TO A MEM-
4 BER OF THE ARMED FORCES WHOSE DISCLO-
5 SURE OF FRAUD, WASTE, OR MISMANAGE-
6 MENT RESULTS IN COST SAVINGS TO THE
7 MILITARY DEPARTMENT CONCERNED.
8 (a) AUTHORITY.—Subchapter II of chapter 5 of title
9 37, United States Code, is amended by adding at the end
10 the following new section:
11 ‘‘§ 358. Incentive pay for cost savings disclosures
12 ‘‘(a) AUTHORITY.—The Secretary concerned may pay
13 an incentive pay to a member of the Armed Forces whose
14 disclosure of fraud, waste, or mismanagement to a covered
15 official, results in cost savings for the military department
16 concerned. The amount of an award under this section
17 may not exceed the lesser of—
18 ‘‘(1) $10,000; or
19 ‘‘(2) an amount equal to 1 percent of the cost
20 savings that the covered official determines to be the
21 total savings attributable to such disclosure.
22 ‘‘(b) CALCULATION.—For purposes of subsection
23 (a)(2), the covered official may take into account cost sav-
24 ings projected for subsequent fiscal years that will be at-
25 tributable to such disclosure.
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1 ‘‘(c) COVERED OFFICIAL DEFINED.—In this section,
2 the term ‘covered official’ includes the following:
3 ‘‘(1) The Secretary concerned.
4 ‘‘(2) The Inspector General concerned.’’.
5 (b) CLERICAL AMENDMENT.—The table of sections
6 at the beginning of such chapter is amended by inserting
7 after the item relating to section 357 the following:
‘‘358. Incentive pay for cost savings disclosures.’’.
8 SEC. 615. INFLATION BONUS PAY.
9 (a) BONUS PAY.—Beginning on January 1, 2023, the
10 Secretary concerned shall pay a bonus to each eligible
11 member under the jurisdiction of such Secretary con-
12 cerned.
13 (b) PAYMENT.—Bonus pay under this section shall
14 be paid to an eligible member on a monthly basis.
15 (c) AMOUNT OF PAY.—Each bonus payment under
16 this section shall be in an amount determined by the Sec-
17 retary concerned, based on prevailing economic conditions
18 that adversely affect members, but in no case shall be less
19 than 2.4 percent of the rate—
20 (1) in effect on January 1, 2023; and
21 (2) of, for an eligible member—
22 (A) pay under section 204 of title 37,
23 United States Code; or
24 (B) compensation under section 206 of
25 title 37, United States Code.
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1 (d) RELATIONSHIP TO OTHER PAY AND ALLOW-
2 ANCES.—Bonus pay paid to an eligible member under this
3 section is in addition to any other pay and allowances to
4 which the eligible member is entitled.
5 (e) TERMINATION.—No bonus may be paid under
6 this section after December 31, 2023.
7 (f) ELIGIBLE MEMBER DEFINED.—In this section,
8 the term ‘‘eligible member’’ means a member of the uni-
9 formed services—
10 (1) who is entitled to pay or compensation de-
11 scribed in subsection (c)(2); and
12 (2) whose basic pay for 2023 is less than
13 $45,000.
14 SEC. 616. ESTABLISHING COMPLEX OVERHAUL PAY.
15 (a) ESTABLISHMENT.—Not later than six months
16 after the date of the enactment of this Act, the Secretary
17 of Defense shall prescribe regulations under section 352
18 of title 37, United States Code, for the payment of special
19 monthly pay (to be known as ‘‘complex overhaul pay’’) to
20 a member of the Armed Forces assigned to a naval vessel
21 undergoing nuclear refueling or defueling and any concur-
22 rent complex overhaul.
23 (b) AMOUNT OF PAY.—Complex overhaul pay shall
24 equal $200 per month.
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1 (c) RELATIONSHIP TO OTHER PAY OR ALLOW-
2 ANCES.—Complex overhaul pay is in addition to any other
3 pay or allowance to which a member is entitled.
4 SEC. 617. AIR FORCE RATED OFFICER RETENTION DEM-
5 ONSTRATION PROGRAM.
6 (a) PROGRAM REQUIREMENT.—The Secretary shall
7 establish and carry out within the Department of the Air
8 Force a demonstration program to assess and improve re-
9 tention on active duty in the Air Force of rated officers
10 described in subsection (b).
11 (b) RATED OFFICERS DESCRIBED.—Rated officers
12 described in this subsection are rated officers serving on
13 active duty in the Air Force, excluding rated officers with
14 a reserve appointment in the Air National Guard or Air
15 Force Reserve—
16 (1) whose continued service on active duty
17 would be in the best interest of the Department of
18 the Air Force, as determined by the Secretary; and
19 (2) who have not more than three years and not
20 less than one year remaining on an active duty serv-
21 ice obligation under section 653 of title 10, United
22 States Code.
23 (c) WRITTEN AGREEMENT.—
24 (1) IN GENERAL.—Under the demonstration
25 program required under subsection (a), the Sec-
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1 retary shall offer retention incentives under sub-
2 section (d) to a rated officer described in subsection
3 (b) who executes a written agreement to remain on
4 active duty in a regular component of the Air Force
5 for not less than four years after the completion of
6 the active duty service obligation of the officer under
7 section 653 of title 10, United States Code.
8 (2) EXCEPTION.—If the Secretary of the Air
9 Force determines that an assignment previously
10 guaranteed under subsection (d)(1) to a rated officer
11 described in subsection (b) cannot be fulfilled, the
12 agreement of the officer under paragraph (1) to re-
13 main on active duty shall expire not later than one
14 year after that determination.
15 (d) RETENTION INCENTIVES.—
16 (1) GUARANTEE OF FUTURE ASSIGNMENT LO-
17 CATION.—Under the demonstration program re-
18 quired under subsection (a), the Secretary may offer
19 to a rated officer described in subsection (b) a guar-
20 antee of future assignment locations based on the
21 preference of the officer.
22 (2) AVIATION BONUS.—Under the demonstra-
23 tion program required under subsection (a), notwith-
24 standing section 334(c) of title 37, United States
25 Code, the Secretary may pay to a rated officer de-
•HR 7900 EH
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1 scribed in subsection (b) an aviation bonus not to
2 exceed an average annual amount of $50,000 (sub-
3 ject to paragraph (3)(B)).
4 (3) COMBINATION OF INCENTIVES.—The Sec-
5 retary may offer to a rated officer described in sub-
6 section (b) a combination of incentives under para-
7 graphs (1) and (2).
8 (4) VARIATIONS; LIMITATIONS.—The Secretary
9 may vary or limit the total number of available con-
10 tracts and the combination of incentives within such
11 contracts to target certain Air Force specialty codes,
12 ensure required assignments locations are filled, and
13 readiness is not negatively affected. The Secretary
14 shall determine the criteria for such variations or
15 limitations and include such criteria in the annual
16 briefing under subsection (e).
17 (e) ANNUAL BRIEFING.—Not later than December
18 31, 2023, and annually thereafter until the termination
19 of the demonstration program required under subsection
20 (a), the Secretary shall provide to the Committees on
21 Armed Services of the Senate and the House of Represent-
22 atives a briefing describing the use of such demonstration
23 program and its effects on the retention on active duty
24 in the Air Force of rated officers described in subsection
25 (b).
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1 (f) DEFINITIONS.—In this section:
2 (1) RATED OFFICER.—The term ‘‘rated officer’’
3 means an officer specified in section 9253 of title
4 10, United States Code.
5 (2) SECRETARY.—The term ‘‘Secretary’’ means
6 the Secretary of the Air Force.
7 (g) TERMINATION.—This section shall terminate on
8 December 31, 2028.
9 Subtitle C—Family and Survivor
10 Benefits
11 SEC. 621. EXPANDED ELIGIBILITY FOR BEREAVEMENT
12 LEAVE FOR MEMBERS OF THE ARMED
13 FORCES.
14 (a) EXPANSION.—Section 701(m) of title 10, United
15 States Code, is amended in paragraph (3) by striking sub-
16 paragraphs (A) and (B) and inserting the following:
17 ‘‘(A) a spouse;
18 ‘‘(B) a son or daughter; or
19 ‘‘(C) a parent.
20 ‘‘(4) In this section, the term ‘son or daughter’
21 means—
22 ‘‘(A) a biological, adopted, step, or foster son or
23 daughter of the individual;
24 ‘‘(B) a person who is a legal ward of the mem-
25 ber, or was a legal ward of the individual when the
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1 person was a minor or otherwise required a legal
2 guardian; or
3 ‘‘(C) a person for whom the member stands in
4 loco parentis or stood in loco parentis when the per-
5 son was a minor or otherwise required the individual
6 to stand in loco parentis.
7 ‘‘(5) In this section, the term ‘parent’ means—
8 ‘‘(A) a biological, adoptive, step, or foster par-
9 ent of the individual, or a person who was a foster
10 parent of the individual when the individual was a
11 minor;
12 ‘‘(B) a legal guardian of the individual, or per-
13 son who was a legal guardian of the individual when
14 the individual was a minor or otherwise required a
15 legal guardian; or
16 ‘‘(C) a person who stands in loco parentis to
17 the member or stood in loco parentis when the indi-
18 vidual was a minor or otherwise required a person
19 to stand in loco parentis.’’.
20 (b) EFFECTIVE DATE.—The amendment made by
21 subsection (a) shall take effect on the latter of July 3,
22 2022, and the date of the enactment of this Act.
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1 SEC. 622. CLAIMS RELATING TO THE RETURN OF PER-
2 SONAL EFFECTS OF A DECEASED MEMBER
3 OF THE ARMED FORCES.
4 Section 1482(a) of title 10, United States Code, is
5 amended by adding at the end the following new para-
6 graph:
7 ‘‘(11)(A) Delivery of personal effects of a dece-
8 dent to the next of kin or other appropriate person.
9 ‘‘(B) If the Secretary concerned enters into an
10 agreement with an entity to carry out subparagraph
11 (A), the Secretary concerned shall pursue a claim
12 against such entity that arises from the failure of
13 such entity to substantially perform such subpara-
14 graph.
15 ‘‘(C) If an entity described in subparagraph (B)
16 fails to substantially perform subparagraph (A) by
17 damaging, losing, or destroying the personal effects
18 of a decedent, the Secretary concerned shall reim-
19 burse the person designated under subsection (c) the
20 greater of $1,000 or the fair market value of such
21 damage, loss, or destruction. The Secretary con-
22 cerned may request from, the person designated
23 under subsection (c), proof of fair market value and
24 ownership of the personal effects.’’.
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1 SEC. 623. EXPANSION OF AUTHORIZED ASSISTANCE FOR
2 PROVIDERS OF CHILD CARE SERVICES TO
3 MEMBERS OF THE ARMED FORCES.
4 (a) EXPANSION.—Section 1798 of title 10, United
5 States Code, is amended—
6 (1) by striking ‘‘financial assistance’’ each place
7 it appears and inserting ‘‘covered assistance’’; and
8 (2) by adding at the end the following new sub-
9 section:
10 ‘‘(d) COVERED ASSISTANCE DEFINED.—In this sec-
11 tion, the term ‘covered assistance’ includes—
12 ‘‘(1) financial assistance; and
13 ‘‘(2) free or reduced-cost child care services fur-
14 nished by the Secretary.’’.
15 (b) TECHNCIAL AND CONFORMING AMENDMENTS.—
16 (1) SECTION HEADING.—The heading of such
17 section is amended by striking ‘‘financial’’.
18 (2) TABLE OF SECTIONS.—The table of sections
19 at the beginning of subchapter II of chapter 88 of
20 such title is amended by striking the item relating
21 to section 1798 and inserting the following:
‘‘1798. Child care services and youth program services for dependents: assist-
ance for providers.’’.
•HR 7900 EH
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1 SEC. 624. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT
2 PERIOD.
3 (a) PERSONS NOT CURRENTLY PARTICIPATING IN
4 SURVIVOR BENEFIT PLAN.—
5 (1) ELECTION OF SBP COVERAGE.—An eligible
6 retired or former member may elect to participate in
7 the Survivor Benefit Plan during the open enroll-
8 ment period specified in subsection (d).
9 (2) ELIGIBLE RETIRED OR FORMER MEMBER.—
10 For purposes of subparagraph (A), an eligible re-
11 tired or former member is a member or former
12 member of the uniformed services who, on the day
13 before the first day of the open enrollment period,
14 discontinued participation in the Survivor Benefit
15 Plan under section 1452(g) of title 10, United
16 States Code, and—
17 (A) is entitled to retired pay; or
18 (B) would be entitled to retired pay under
19 chapter of title 10, United States Code (or
20 chapter 67 of such title as in effect before Octo-
21 ber 5, 1994), but for the fact that such member
22 or former member is under 60 years of age.
23 (3) STATUS UNDER SBP OF PERSONS MAKING
24 ELECTIONS.—
25 (A) STANDARD ANNUITY.—A person mak-
26 ing an election under subparagraph (A) by rea-
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1 son of eligibility under subparagraph (B)(i)
2 shall be treated for all purposes as providing a
3 standard annuity under the Survivor Benefit
4 Plan.
5 (B) RESERVE-COMPONENT ANNUITY.—A
6 person making an election under subparagraph
7 (A) by reason of eligibility under subparagraph
8 (B)(ii) shall be treated for all purposes as pro-
9 viding a reserve-component annuity under the
10 Survivor Benefit Plan.
11 (b) MANNER OF MAKING ELECTIONS.—
12 (1) IN GENERAL.—An election under this sub-
13 section must be made in writing, signed by the per-
14 son making the election, and received by the Sec-
15 retary concerned before the end of the open enroll-
16 ment period. Except as provided in subparagraph
17 (B), any such election shall be made subject to the
18 same conditions, and with the same opportunities for
19 designation of beneficiaries and specification of base
20 amount, that apply under the Survivor Benefit Plan.
21 A person making an election under paragraph (1) to
22 provide a reserve-component annuity shall make a
23 designation described in section 1448(e) of title 10,
24 United States Code.
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1 (2) ELECTION MUST BE VOLUNTARY.—An elec-
2 tion under this subsection is not effective unless the
3 person making the election declares the election to
4 be voluntary. An election to participate in the Sur-
5 vivor Benefit Plan under this subsection may not be
6 required by any court. An election to participate or
7 not to participate in the Survivor Benefit Plan is not
8 subject to the concurrence of a spouse or former
9 spouse of the person.
10 (c) EFFECTIVE DATE FOR ELECTIONS.—Any such
11 election shall be effective as of the first day of the first
12 calendar month following the month in which the election
13 is received by the Secretary concerned.
14 (d) OPEN ENROLLMENT PERIOD DEFINED.—The
15 open enrollment period is the period beginning on the date
16 of the enactment of this Act and ending on January 1,
17 2024.
18 (e) APPLICABILITY OF CERTAIN PROVISIONS OF
19 LAW.—The provisions of sections 1449, 1453, and 1454
20 of title 10, United States Code, are applicable to a person
21 making an election, and to an election, under this sub-
22 section in the same manner as if the election were made
23 under the Survivor Benefit Plan.
24 (f) PREMIUMS FOR OPEN ENROLLMENT ELEC-
25 TION.—
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1 (1) PREMIUMS TO BE CHARGED.—The Sec-
2 retary of Defense shall prescribe in regulations pre-
3 miums which a person electing under this subsection
4 shall be required to pay for participating in the Sur-
5 vivor Benefit Plan pursuant to the election. The
6 total amount of the premiums to be paid by a person
7 under the regulations shall be equal to the sum of—
8 (A) the total amount by which the retired
9 pay of the person would have been reduced be-
10 fore the effective date of the election if the per-
11 son had elected to participate in the Survivor
12 Benefit Plan (for the same base amount speci-
13 fied in the election) at the first opportunity that
14 was afforded the member to participate under
15 chapter 73 of title 10, United States Code;
16 (B) interest on the amounts by which the
17 retired pay of the person would have been so re-
18 duced, computed from the dates on which the
19 retired pay would have been so reduced at such
20 rate or rates and according to such method-
21 ology as the Secretary of Defense determines
22 reasonable; and
23 (C) any additional amount that the Sec-
24 retary determines necessary to protect the actu-
25 arial soundness of the Department of Defense
•HR 7900 EH
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1 Military Retirement Fund against any increased
2 risk for the fund that is associated with the
3 election.
4 (2) PREMIUMS TO BE CREDITED TO RETIRE-
5 MENT FUND.—Premiums paid under the regulations
6 shall be credited to the Department of Defense Mili-
7 tary Retirement Fund.
8 (g) DEFINITIONS.—In this subsection:
9 (1) The term ‘‘Survivor Benefit Plan’’ means
10 the program established under subchapter II of
11 chapter 73 of title 10, United States Code.
12 (2) The term ‘‘retired pay’’ includes retainer
13 pay paid under section 8330 of title 10, United
14 States Code.
15 (3) The terms ‘‘uniformed services’’ and ‘‘Sec-
16 retary concerned’’ have the meanings given those
17 terms in section 101 of title 37, United States Code.
18 (4) The term ‘‘Department of Defense Military
19 Retirement Fund’’ means the Department of De-
20 fense Military Retirement Fund established under
21 section 1461(a) of title 10, United States Code.
22 SEC. 625. STUDY AND REPORT ON MILITARY INSTALLA-
23 TIONS WITH LIMITED CHILD CARE.
24 (a) STUDY.—
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1 (1) IN GENERAL.—The Secretary of Defense
2 shall conduct a study regarding child care at mili-
3 tary installations of the covered Armed Forces—
4 (A) that are not served by a military child
5 development center; or
6 (B) where the military child development
7 center has few available spots.
8 (2) ELEMENTS.—The study shall identify the
9 following with regards to each military installation
10 described in paragraph (1):
11 (A) The current and maximum possible en-
12 rollment at the military child development cen-
13 ter (if one exists).
14 (B) Plans of the Secretary to expand an
15 existing, or construct a new, military child de-
16 velopment center.
17 (C) The resulting capacity of each military
18 child development center described in subpara-
19 graph (B).
20 (D) The median cost of services at accred-
21 ited child care facilities located near such mili-
22 tary installation compared to the amount of as-
23 sistance provided by the Secretary of the mili-
24 tary department concerned to members for
25 child care services.
•HR 7900 EH
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1 (E) The unique needs or challenges facing
2 the population of such military installation that
3 may require additional tailored resources, in-
4 cluding—
5 (i) the needs of non-English speaking
6 members of that population; and
7 (ii) the needs of English as a second
8 language members of that population.
9 (b) REPORT.—Not later than one year after the date
10 of the enactment of this Act, the Secretary shall submit
11 to the congressional defense committees a report con-
12 taining the results of the study conducted under this sec-
13 tion, including any policy recommendations of the Sec-
14 retary to address the rising cost of child care near military
15 installations and the rates of child care fee assistance pro-
16 vided to members of the covered Armed Forces.
17 (c) DEFINITIONS.—In this section:
18 (1) The term ‘‘covered Armed Force’’ means
19 the following:
20 (A) The Army.
21 (B) The Navy.
22 (C) The Marine Corps.
23 (D) The Air Force.
24 (E) The Space Force.
•HR 7900 EH
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1 (2) The term ‘‘military child development cen-
2 ter’’ has the meaning given such term in section
3 1800 of title 10, United States Code.
4 SEC. 626. HUNGER AMONG MILITARY FAMILIES: DATA COL-
5 LECTION; TRAINING; REPORT.
6 (a) DATA COLLECTION.—Not later than one year
7 after the date of the enactment of this Act, the Under
8 Secretary of Defense for Personnel and Readiness, acting
9 through the Deputy Assistant Secretary for Military Com-
10 munity and Family Policy, in coordination with the Under
11 Secretary for Food, Nutrition, and Consumer Services of
12 the Department of Agriculture, shall—
13 (1) develop a survey, in collaboration with the
14 Department of Agriculture, to determine how many
15 members of the Armed Forces serving on active
16 duty, and dependents of such members, are food in-
17 secure;
18 (2) issue the survey to such members and de-
19 pendents;
20 (3) collect data from the survey on the use, by
21 such members and dependents, of Federal nutrition
22 assistance programs, including the supplemental nu-
23 trition assistance program under the Food and Nu-
24 trition Act of 2008 (7 U.S.C. 2011 et seq.), the spe-
25 cial supplemental nutrition program for women, in-
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1 fants, and children under section 17 of the Child
2 Nutrition Act of 1966 (42 U.S.C. 1786), the school
3 lunch program under the Richard B. Russell Na-
4 tional School Lunch Act (42 U.S.C. 1751 et seq.),
5 and the school breakfast program under section 4 of
6 the Child Nutrition Act of 1966 (42 U.S.C. 1773);
7 and
8 (4) collect data related to the number of such
9 members and dependents who—
10 (A) are eligible for the basic needs allow-
11 ance under section 402b of title 37, United
12 States Code; and
13 (B) receive such basic needs allowance;
14 (5) develop and carry out a plan to train and
15 designate an individual who will assist members at
16 military installations on how and where to refer such
17 members and their dependents for participation in
18 Federal nutrition assistance programs described in
19 paragraph (3); and
20 (6) coordinate Department of Defense efforts to
21 address food insecurity and nutrition.
22 (b) REPORT.—Not later than one year after the date
23 of the enactment of this Act, and annually thereafter, the
24 Under Secretary of Defense for Personnel & Readiness
25 shall submit to the congressional defense committees, the
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1 Committees on Agriculture and Education and Labor of
2 the House of Representatives, and the Committee on Agri-
3 culture, Nutrition, and Forestry of the Senate a report
4 including the following:
5 (1) The number of members of the Armed
6 Forces serving on active duty and their dependents
7 who are food insecure.
8 (2) The number of such members and their de-
9 pendents who use the Federal nutrition assistance
10 programs described in subsection (a)(3).
11 (3) The number of such members and their de-
12 pendents described in subsection (a)(3).
13 (4) The status of implementation of the plan
14 under subsection (a)(5).
15 Subtitle D—Defense Resale Matters
16 SEC. 631. PROHIBITION ON SALE OF CHINESE GOODS IN
17 COMMISSARY STORES AND MILITARY EX-
18 CHANGES.
19 The Secretary of Defense shall prohibit the sale, at
20 a commissary store or military exchange, of goods—
21 (1) manufactured in China;
22 (2) assembled in China;
23 (3) imported into the United States from
24 China; or
•HR 7900 EH
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1 (4) containing materials from the Xinjiang
2 Uyghur Autonomous Region of the People’s Repub-
3 lic of China.
4 Subtitle E—Miscellaneous Rights,
5 Benefits, and Reports
6 SEC. 641. TRANSITIONAL COMPENSATION AND BENEFITS
7 FOR THE FORMER SPOUSE OF A MEMBER OF
8 THE ARMED FORCES WHO ALLEGEDLY COM-
9 MITTED A DEPENDENT-ABUSE OFFENSE DUR-
10 ING MARRIAGE.
11 (a) IN GENERAL.—Section 1059 of title 10, United
12 States Code, is amended—
13 (1) in the heading—
14 (A) by striking ‘‘separated for’’ and in-
15 serting ‘‘who commit’’; and
16 (B) by inserting ‘‘; health care’’ after
17 ‘‘exchange benefits’’;
18 (2) in subsection (b)—
19 (A) in the heading, by striking ‘‘PUNITIVE
20 AND OTHER ADVERSE ACTIONS COVERED’’ and
21 inserting ‘‘COVERED MEMBERS’’;
22 (B) in paragraph (2), by striking ‘‘of-
23 fense.’’ and inserting ‘‘offense; or’’; and
24 (C) by adding at the end the following new
25 paragraph:
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