H.R. 7900, National Defense Authorization Act for Fiscal Year 2023 (Reported, Report No. 117–397)
Summary
H.R. 7900, the National Defense Authorization Act for Fiscal Year 2023, in the version reported with amendments on July 1, 2022 (Union Calendar No. 305, Report No. 117–397). It was introduced in the House of Representatives on May 27, 2022 by Mr. Smith of Washington (by request) and referred to the Committee on Armed Services. The bill authorizes appropriations for fiscal year 2023 for military activities of the Department of Defense and for military construction and prescribes military personnel strengths. Its sections organize the Act into five divisions, beginning with Department of Defense authorizations and military construction authorizations.
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“H.R. 7900, National Defense Authorization Act for Fiscal Year 2023 (Reported, Report No. 117–397).”
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Union Calendar No. 305
117TH CONGRESS
2D SESSION
H. R. 7900
[Report No. 117–397]
To authorize appropriations for fiscal year 2023 for military activities of
the Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 27, 2022
Mr. SMITH of Washington (by request) introduced the following bill; which
was referred to the Committee on Armed Services
JULY 1, 2022
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 27, 2022]
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A BILL
To authorize appropriations for fiscal year 2023 for military
activities of the Department of Defense and for military
construction, to prescribe military personnel strengths
for such fiscal year, and for other purposes.
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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 five divi-
9 sions as follows:
10 (1) Division A—Department of Defense Author-
11 izations.
12 (2) Division B—Military Construction Author-
13 izations.
14 (3) Division C—Department of Energy National
15 Security Authorizations and Other Authorizations.
16 (4) Division D—Funding Tables.
17 (5) Division E—Non-Department of Defense
18 Matters
19 (b) TABLE OF CONTENTS.—The table of contents for
20 this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
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Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
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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 destroyer.
Sec. 114. Authority for certain procurements for the Ship-to-Shore Connector pro-
gram.
Sec. 115. Authority to procure airframes and engines for CH–53K King Stallion
heavy-lift helicopters.
Sec. 116. Prohibition on availability of funds for retirement of HSC–85 aircraft.
Sec. 117. Quarterly briefings on the CH–53K King Stallion helicopter program.
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 tank-
er 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 aircraft.
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.
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.
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
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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 fostering
interoperability among joint force systems.
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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 machine
interface of the Army.
Sec. 219. Measures to increase the capacity of historically Black colleges and uni-
versities 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.
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 Pro-
gram.
Sec. 233. Report on efforts to increase the participation of historically Black col-
leges and universities and other minority-serving institutions in
the research and development activities of the Department of De-
fense.
Sec. 234. Assessment of test infrastructure and priorities related to hypersonic ca-
pabilities and related technologies and hypersonic test strategy.
Sec. 235. Independent review and assessment of test and evaluation resource
planning.
Sec. 236. Study on costs associated with underperforming software and informa-
tion technology.
Sec. 237. Study and report on sufficiency of test and evaluation resources for cer-
tain major defense acquisition programs.
Sec. 238. Periodic reports on risk distribution within research, development, test,
and evaluation activities.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Equivalent authority for environmental restoration projects at National
Guard training sites.
Sec. 312. Amendment to budgeting of Department of Defense relating to extreme
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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 De-
partment of Defense to electric vehicles.
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Sec. 315. Pilot program on use of sustainable aviation fuel.
Sec. 316. Policy to increase disposition of spent advanced batteries through recy-
cling.
Sec. 317. Guidance and target deadline relating to formerly used defense sites
programs.
Sec. 318. Budget information for alternatives to burn pits.
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.
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 equip-
ment 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 objec-
tives 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.
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
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performance of depot-level maintenance and repair workloads.
Sec. 366. Five-year plans for improvements to depot and ammunition production
facility infrastructure.
Sec. 367. Clarification of calculation for certain workload carryover of Depart-
ment of Army.
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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 distribution
points in INDOPACOM area of responsibility.
Subtitle H—Other Matters
Sec. 381. Accountability for military working dogs.
Sec. 382. Membership of Coast Guard on Joint Safety Council.
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; implementa-
tion of accident investigation recommendations.
Sec. 387. National standards for Federal fire protection at military installations.
Sec. 388. Pilot program for tactical vehicle safety data collection.
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 offi-
cers and flag officers on active duty.
Sec. 504. Constructive service credit for certain officers of the Armed Forces: au-
thorization; special pay.
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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.
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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 National
Guard due to undue delays in Federal recognition.
Sec. 514. Financial assistance program for specially selected members: Army Re-
serve 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 re-
serve components.
Sec. 519. Plan to ensure reasonable access to the Junior Reserve Officers’ Train-
ing Corps.
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 ac-
cepts a fellowship, scholarship, or grant.
Sec. 524. 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. 525. Prohibition on use of photographs by certain military promotion
boards.
Sec. 526. Gender-neutral fitness standards for combat military occupational spe-
cialties of the Army.
Sec. 527. Retention and recruitment of members of the Army who specialize in
air and missile defense systems.
Sec. 528. Pilot program on remote personnel processing in the Army.
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 mem-
bers 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
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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.
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Sec. 539C. Report on sharing information with counsel for victims of offenses
under the Uniform Code of Military Justice.
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 matters
relating to the prevention of and response to domestic abuse and
child abuse and neglect among military families.
Subtitle F—Member Education
Sec. 551. Increase in maximum number of students enrolled at Uniformed Serv-
ices 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 Tech-
nology 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.
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 serv-
ice 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.
Subtitle H—Military Family Readiness and Dependents’ Education
Sec. 571. Clarification and expansion of authorization of support for chaplain-
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led programs for members of the Armed Forces.
Sec. 572. Rights of parents of children attending schools operated by the Depart-
ment of Defense Education Activity.
Sec. 573. Expansion of pilot program to provide financial assistance to members
of the Armed Forces for in-home child care.
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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 dependents
of military and civilian personnel.
Sec. 577. Verification of reporting of eligible federally connected children for pur-
poses 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 Chil-
dren’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.
Subtitle I—Decorations and Awards
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 Ser-
geant Roderick W. Edmonds for acts of valor during World War
II.
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.
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 re-
location would financially disadvantage such member.
Sec. 603. Temporary continuation of rate of basic allowance for housing for mem-
bers of the Armed Forces whose sole dependent dies while resid-
ing with the member.
Sec. 604. Allowance for gym membership for certain members of the Armed
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Forces who reside more than 10 miles from a military installa-
tion.
Sec. 605. Revival and redesignation of provision establishing benefits for certain
members assigned to the Defense Intelligence Agency.
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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 services
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 members
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 con-
gressional 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 assigned
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 sav-
ings 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
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 member
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.
Subtitle D—Defense Resale Matters
Sec. 631. Prohibition on sale of Chinese goods in commissary stores and military
exchanges.
Subtitle E—Miscellaneous Rights, Benefits, and Reports
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Sec. 641. Transitional compensation and benefits for the former spouse of a mem-
ber of the Armed Forces who allegedly committed a dependent-
abuse offense during marriage.
Sec. 642. Authorization of permissive temporary duty for wellness.
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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.
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 procedures
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 De-
fense.
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.
Subtitle B—Health Care Administration
Sec. 721. Congressional notification requirement to modify scope of services pro-
vided 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 re-
lating 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, humanitarian,
or refugee assistance.
Sec. 726. Improvements relating to Medical Officer of the Marine Corps position.
Sec. 727. Authority for Department of Defense program to promote early literacy
among certain young children as part of pediatric primary care.
Sec. 728. Accountability for wounded warriors undergoing disability evaluation.
Sec. 729. Incentive payments for retention of certain behavioral health providers.
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 cer-
tifications for physicians.
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.
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Sec. 742. Feasibility study on establishment of new command on defense health.
Sec. 743. Study and awareness initiative regarding use of medicinal cannabis to
treat certain members of the Armed Forces on terminal leave.
Sec. 744. Report on composition of medical personnel of each military depart-
ment and related matters.
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Sec. 745. Briefing and report on reduction or realignment of military medical
manning and medical billets.
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 Comprehen-
sive Autism Demonstration Program by National Academies.
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 behav-
ioral health providers.
Sec. 770. Brain health initiative of Department of Defense.
Sec. 771. Authority to conduct pilot program relating to monitoring of blast over-
pressure 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 members
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 programs.
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.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in overcoming ob-
stacles in acquisition.
Sec. 802. Data requirements for commercial item pricing not based on adequate
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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.
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Sec. 806. Amendments to contractor employee protections from reprisal for disclo-
sure of certain information.
Sec. 807. Enhanced domestic content requirement for major defense acquisition
programs.
Sec. 808. Mission-Based Rapid Acquisition Account.
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.
Sec. 815. Modification to indemnification authority for research and development
contracts.
Sec. 816. Competition requirements for purchases from Federal Prison Industries.
Sec. 817. Clarification of authority of the Department of Defense to carry out cer-
tain 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.
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 incentives.
Sec. 835. Acquisition workforce incentives relating to training on and agreements
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 hard-
ware acquisitions for covered individuals.
Sec. 844. Report on covered software development.
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.
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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.
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Sec. 857. Prohibition on covered airport contracts with certain entities.
Sec. 858. Risk management for Department of Defense supply chains.
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 acqui-
sition 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 Department
of Defense contractors.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant Secre-
taries of Defense.
Sec. 902. Responsibilities of Assistant Secretary of Defense for Special Operations
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 Ord-
nance Disposal Corps as a basic branch of the Army.
Sec. 915. Clarification of roles and responsibilities for force modernization efforts
of the Army.
Sec. 916. Report on potential transition of all members of Space Force into a sin-
gle component.
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.
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Subtitle B—Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and counter-
terrorism campaign in Colombia.
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Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Navy consultation with Marine Corps on major decisions directly con-
cerning 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.
Sec. 1027. Deadline for 75 percent manning fill for ships undergoing nuclear re-
fueling 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 Combat
Ships.
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.
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 certain
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 Gov-
ernment 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 re-
sponse to Russia’s further invasion of Ukraine.
Sec. 1050. Consultation of congressional defense committees in preparation of na-
tional defense strategy.
Subtitle F—Studies and Reports
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Sec. 1061. Briefing on Global Force Management Allocation Plan.
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.
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Sec. 1063. Continuation of requirement for annual report on National Guard and
reserve component equipment.
Sec. 1064. Combatant command risk assessment for airborne intelligence, surveil-
lance, 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 Government
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.
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 Mitiga-
tion.
Sec. 1086. Sense of Congress regarding naming a warship the USS Fallujah.
Sec. 1087. Standardization of sectional barge construction for Department of De-
fense 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 Oklahoma
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.
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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.
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Sec. 1096. National Museum of Intelligence and Special Operations.
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, bene-
fits, 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.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Modifications to annual reports on security cooperation.
Sec. 1202. Modification to authority to provide support for conduct of operations.
Sec. 1203. Extension and modification of authority for reimbursement of certain
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.
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.
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Sec. 1223. Extension of authority to support operations and activities of the Of-
fice 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.
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Subtitle D—Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the United
States and Russia.
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.
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.
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 Command
necessary to meet operational requirements in certain conflicts
with strategic competitors.
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 oper-
ating in the United States.
Sec. 1311. Reporting on institutions of higher education domiciled in the People’s
Republic of China that provide support to the People’s Libera-
tion Army.
Sec. 1312. Sense of Congress on inviting Taiwan to the Rim of the Pacific exer-
cise.
Sec. 1313. Joint exercises with Taiwan.
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 in-
jury and loss.
Sec. 1333. Extension of United States-Israel cooperation to counter unmanned
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aerial systems.
Sec. 1334. Modification and extension of United States-Israel cooperation to
counter unmanned aerial systems.
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Sec. 1335. Modification to initiative to support protection of national security
academic researchers from undue influence and other security
threats.
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-Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund
for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1413. Study and pilot program on semiconductors and the National Defense
Stockpile.
Sec. 1414. Restoring essential energy and security holdings onshore for rare
earths.
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.
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 cybersecu-
rity 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 prod-
ucts 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.
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Sec. 1514. Consistency in delegation of certain authorities relating to information
operations.
Sec. 1515. Assessment and optimization of Department of Defense information
operations within the cyber domain.
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Subtitle C—Reports and Other Matters
Sec. 1531. Annual reports on support by military departments for cyberspace op-
erations.
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.
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.
Sec. 1608. Sense of Congress on Range of the Future and support to commercial
space launch activity.
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.
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 programs
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-
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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.
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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.
Subtitle E—Other Matters
Sec. 1661. Cooperative threat reduction funds.
Sec. 1662. Study of weapons programs that allow the Armed Forces to address
hard and deeply buried targets.
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 pre-
cision-guided conventional munitions.
Sec. 1703. Sense of Congress and quarterly briefings on replenishment and revi-
talization of stocks of tactical missiles provided to Ukraine.
Sec. 1704. Assessment of acquisition objectives for Patriot air and missile defense
battalions.
Sec. 1705. Federally funded research and development center analysis of Depart-
ment of Defense capability and capacity to replenish missile 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.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2003. Effective date and automatic execution of conforming changes to tables
of sections, tables of contents, and similar tabular entries.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. 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
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projects.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
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Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018 project.
Sec. 2205. Transfer of customers from 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
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Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure Ac-
count.
Sec. 2702. Authorization to fund certain demolition and removal activities
through Department of Defense Base Closure Account.
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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 lab-
oratory 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.
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.
Subtitle C—Real Property and Facilities Administration
Sec. 2821. Authorized land and facilities transfer to support contracts with Fed-
erally 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 transportation
infrastructure in vicinity of military installations.
Subtitle D—Military Facilities Master Plan Requirements
Sec. 2831. Limitation on use of funds pending completion of military installation
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 en-
ergy resiliency of military installations.
Subtitle F—Land Conveyances
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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.
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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.
Subtitle H—Other Matters
Sec. 2871. Defense community infrastructure program.
Sec. 2872. Inclusion in Defense Community Infrastructure Pilot Program of cer-
tain projects for ROTC training.
Sec. 2873. Basing decision scorecard consistency and transparency.
Sec. 2874. Lease or use agreement for category 3 subterranean training facility.
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.
Sec. 2879. Contributions for climate resilience for North Atlantic Treaty Organi-
zations Security Investment.
Sec. 2880. Screening and registry of individuals with health conditions resulting
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, re-
spectively, of Navy SEALs and their predecessors.
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.
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Subtitle B—Program Authorizations, Restrictions, Limitations, and Other
Matters
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Nuclear warhead acquisition process.
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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 require-
ments 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 war-
heads.
Sec. 3118. Comptroller General study on National Nuclear Security Administra-
tion management and operation contracting process.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME SECURITY
Subtitle A—Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes pro-
cured, 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 cadets
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 Govern-
ment.
Subtitle D—Reports and Other Matters
Sec. 3532. National maritime transportation report and strategy.
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DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
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TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E—NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI—VETERANS AFFAIRS MATTERS
Sec. 5101. Maximum rate of interest on debts incurred before military service ap-
plicable to military dependents.
Sec. 5102. Report on handling of certain records of the Department of Veterans
Affairs.
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.
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.
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Sec. 5305. Port infrastructure development grants.
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TITLE LIV—FINANCIAL SERVICES MATTERS
Sec. 5401. Modification to financial institution definition and establishment of
anti-money laundering strategy and task force.
Sec. 5402. Review of Cyber-related Matters at the Department of the Treasury.
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.
TITLE LVI—INSPECTOR GENERAL INDEPENDENCE AND
EMPOWERMENT MATTERS
Subtitle A—Inspector General Independence
Sec. 5601. Short title.
Sec. 5602. Removal or transfer of inspectors general; placement on non-duty sta-
tus.
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 Con-
gress.
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
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Sec. 5641. CIGIE report on expenditures.
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Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5651. Notice of refusal to provide information or assistance to inspectors gen-
eral.
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 orga-
nizations or business entities.
Sec. 5675. Review relating to vetting, processing, and resettlement of evacuees
from Afghanistan and the Afghanistan special immigrant visa
program.
TITLE LVII—FEDERAL EMPLOYEE MATTERS
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.
TITLE LVIII—OTHER MATTERS
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 tech-
nology.
Sec. 5805. Commercial air waiver for next of kin regarding transportation of re-
mains of casualties.
1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
2 In this Act, the term ‘‘congressional defense commit-
3 tees’’ has the meaning given that term in section 101(a)(16)
4 of title 10, United States Code.
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1 DIVISION A—DEPARTMENT OF
2 DEFENSE AUTHORIZATIONS
3 TITLE I—PROCUREMENT
4 Subtitle A—Authorization of
5 Appropriations
6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
7 Funds are hereby authorized to be appropriated for fis-
8 cal year 2023 for procurement for the Army, the Navy and
9 the Marine Corps, the Air Force and the Space Force, and
10 Defense-wide activities, as specified in the funding table in
11 section 4101.
12 Subtitle B—Navy Programs
13 SEC. 111. REQUIREMENTS RELATING TO EA–18G AIRCRAFT
14 OF THE NAVY.
15 Section 8062 of title 10, United States Code, is amend-
16 ed—
17 (1) by redesignating subsection (f) as subsection
18 (g); and
19 (2) by inserting after subsection (e) the following
20 new subsection:
21 ‘‘(f)(1)(A) The Secretary of the Navy may not—
22 ‘‘(i) retire an EA–18G aircraft;
23 ‘‘(ii) prepare to retire an EA–18G aircraft;
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24 ‘‘(iii) place an EA–18G aircraft in active
25 storage status or inactive storage status; or
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1 ‘‘(iv) keep an EA–18G aircraft in a status
2 considered excess to the requirements of the pos-
3 sessing command and awaiting disposition in-
4 structions.
5 ‘‘(B) The prohibition under subparagraph (A)
6 shall not apply to individual EA–18G aircraft that
7 the Secretary of the Navy determines, on a case-by-
8 case basis, to be no longer mission capable and uneco-
9 nomical to repair because of aircraft accidents or
10 mishaps.
11 ‘‘(2)(A) Beginning on October 1, 2022, the Secretary
12 of the Navy shall maintain a total aircraft inventory of
13 EA–18G aircraft of not less than 158 aircraft, of which not
14 less than 126 aircraft shall be coded as primary mission
15 aircraft inventory.
16 ‘‘(B) The Secretary of the Navy may reduce the num-
17 ber of EA–18G aircraft in the inventory of the Navy below
18 the minimum number specified in subparagraph (A) if the
19 Secretary determines on a case-by-case basis, that an air-
20 craft is no longer mission capable and uneconomical to re-
21 pair because of aircraft accidents or mishaps.
22 ‘‘(C) In this paragraph, the term ‘primary mission
23 aircraft inventory’ means aircraft assigned to meet the pri-
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24 mary aircraft authorization—
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1 ‘‘(i) to a unit for the performance of its wartime
2 mission;
3 ‘‘(ii) to a training unit for technical and special-
4 ized training for crew personnel or leading to aircrew
5 qualification;
6 ‘‘(iii) to a test unit for testing of the aircraft or
7 its components for purposes of research, development,
8 test, and evaluation, operational test and evaluation,
9 or to support testing programs; or
10 ‘‘(iv) to meet requirements for missions not oth-
11 erwise specified in clauses (i) through (iii).’’.
12 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR
13 ARLEIGH BURKE CLASS DESTROYERS.
14 (a) FINDINGS; SENSE OF CONGRESS.—
15 (1) FINDINGS.—Congress makes the following
16 findings:
17 (A) The DDG Flight III destroyer is the
18 most capable large surface combatant in the
19 world-wide inventory of the Department of De-
20 fense.
21 (B) The Department plans to retire 18 large
22 surface combatants over the next five years.
23 (C) Under the future-years defense plan, the
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24 Department plans to procure two DDGs per year
25 over the next five years.
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1 (2) SENSE OF CONGRESS.—It is the sense of
2 Congress that—
3 (A) the loss of aggregate fire power due to
4 the retirement of 18 large surface combatants
5 over the next five years is cause for concern;
6 (B) the Department should continue to pro-
7 cure large surface combatants at the fastest pos-
8 sible rate based on industrial base capacity; and
9 (C) the Department should maximize sav-
10 ings and provide stability to the large surface
11 combatant industrial base through the use of
12 multiyear procurement contracts for the max-
13 imum number of ships, realized at a consistent
14 number of ships per year.
15 (b) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
16 Subject to section 3501 of title 10, United States Code, the
17 Secretary of the Navy may enter into one or more multiyear
18 contracts for the procurement of up to 15 Arleigh Burke
19 class Flight III guided missile destroyers.
20 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
21 Secretary of the Navy may enter into one or more contracts,
22 beginning in fiscal year 2023, for advance procurement as-
23 sociated with the destroyers for which authorization to enter
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24 into a multiyear procurement contract is provided under
25 subsection (b), and for systems and subsystems associated
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1 with such destroyers in economic order quantities when cost
2 savings are achievable.
3 (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
4 MENTS.—A contract entered into under subsection (b) shall
5 provide that any obligation of the United States to make
6 a payment under the contract for a fiscal year after fiscal
7 year 2023 is subject to the availability of appropriations
8 or funds for that purpose for such later fiscal year.
9 (e) LIMITATION.—The Secretary of the Navy may not
10 modify a contract entered into under subsection (b) if the
11 modification would increase the target price of the destroyer
12 by more than 10 percent above the target price specified
13 in the original contract or the destroyer under subsection
14 (b).
15 SEC. 113. AUTHORITY FOR PROCUREMENT OF ADDITIONAL
16 ARLEIGH BURKE CLASS DESTROYER.
17 (a) PROCUREMENT AUTHORITY.—The Secretary of the
18 Navy may procure one Arleigh Burke class Flight III guid-
19 ed missile destroyer, in addition to any other procurement
20 of such destroyers otherwise authorized by law, to be pro-
21 cured either—
22 (1) as an addition to the contract covering up to
23 15 such destroyers authorized to be procured under
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24 section 112 of this Act; or
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1 (2) under a separate contract entered into in fis-
2 cal year 2023.
3 (b) INCREMENTAL FUNDING.—With respect to a con-
4 tract for the procurement of the destroyer authorized under
5 subsection (a), the Secretary of the Navy may use incre-
6 mental funding to make payments under the contract.
7 (c) CONDITION FOR OUT-YEAR CONTRACT PAY-
8 MENTS.—A contract for the procurement of the destroyer
9 authorized under subsection (a) shall provide that any obli-
10 gation of the United States to make a payment under the
11 contract for a fiscal year after fiscal year 2023 is subject
12 to the availability of appropriations or funds for that pur-
13 pose for such later fiscal year.
14 SEC. 114. AUTHORITY FOR CERTAIN PROCUREMENTS FOR
15 THE SHIP-TO-SHORE CONNECTOR PROGRAM.
16 (a) CONTRACT AUTHORITY.—The Secretary of the
17 Navy may enter into one or more contracts, beginning with
18 fiscal year 2023, for the procurement of up to 25 Ship-to-
19 Shore Connector class craft and associated material.
20 (b) LIABILITY.—Any contract entered into under sub-
21 section (a) shall provide that—
22 (1) any obligation of the United States to make
23 a payment under the contract is subject to the avail-
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24 ability of appropriations for that purpose; and
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1 (2) that total liability of the Federal Government
2 for termination of any contract entered into shall be
3 limited to the total amount of funding obligated to the
4 contract at time of termination.
5 SEC. 115. AUTHORITY TO PROCURE AIRFRAMES AND EN-
6 GINES FOR CH–53K KING STALLION HEAVY-
7 LIFT HELICOPTERS.
8 (a) CONTRACT AUTHORITY.—During fiscal years 2023
9 and 2024, the Secretary of the Navy may enter into—
10 (1) a single contract for the procurement of up
11 to 30 airframes in support of the CH–53K heavy-lift
12 helicopter program; and
13 (2) a single contract for the procurement of up
14 to 90 engines in support of such program.
15 (b) LIABILITY.—Any contract entered into under sub-
16 section (a) shall provide that—
17 (1) any obligation of the United States to make
18 a payment under the contract is subject to the avail-
19 ability of appropriations for that purpose; and
20 (2) that total liability of the Federal Government
21 for termination of any contract entered into shall be
22 limited to the total amount of funding obligated to the
23 contract at time of termination.
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1 SEC. 116. PROHIBITION ON AVAILABILITY OF FUNDS FOR
2 RETIREMENT OF HSC–85 AIRCRAFT.
3 (a) PROHIBITIONS.—None of the funds authorized to
4 be appropriated by this Act or otherwise made available
5 for fiscal year 2023 for the Navy may be obligated or ex-
6 pended—
7 (1) to retire, prepare to retire, transfer, or place
8 in storage any Helicopter Sea Combat Squadron 85
9 aircraft (referred to in this section as an ‘‘HSC–85
10 aircraft’’); or
11 (2) to make any changes to manning levels with
12 respect to any HSC–85 aircraft squadron.
13 (b) REPORT REQUIRED.—The Secretary of the Navy,
14 in consultation with the Commander of the United States
15 Special Operations Command, shall submit to the congres-
16 sional defense committees a report that includes—
17 (1) an explanation of the operational impact of
18 divestment of HSC–85 aircraft on the training and
19 readiness of Navy special warfare units and missions
20 based in the west coast of the United States;
21 (2) the estimated costs of sustaining HSC–85
22 aircraft at full operational capability from fiscal year
23 2024 through fiscal year 2028;
24 (3) a proposed cost sharing arrangement between
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25 the Navy and the United States Special Operations
26 Command for sustaining HSC–85 aircraft at full
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1 operational capabilities from fiscal year 2024 through
2 fiscal year 2028;
3 (4) identification of a replacement capability
4 that would be available if prioritized and directed by
5 the Secretary of Defense and would meet all oper-
6 ational requirements, including special operational-
7 peculiar requirements of the combatant commands,
8 that are fulfilled by HSC–85 aircraft as of the date
9 of the report; and
10 (5) an estimate of the costs and a proposed
11 schedule for establishing the replacement capability
12 identified in paragraph (4) over the period of five
13 years following the date of the report.
14 SEC. 117. QUARTERLY BRIEFINGS ON THE CH–53K KING
15 STALLION HELICOPTER PROGRAM.
16 (a) IN GENERAL.—Not later than 30 days after the
17 date of the enactment of this Act, and on a quarterly basis
18 thereafter through the end of fiscal year 2024, the Secretary
19 of the Navy shall provide to the Committee on Armed Serv-
20 ices of the House of Representatives a briefing on the
21 progress of the CH–53K King Stallion helicopter program.
22 (b) ELEMENTS.—Each briefing under subsection (a)
23 shall include, with respect to the CH–53K King Stallion
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24 helicopter program, the following:
25 (1) An overview of the program schedule.
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1 (2) A statement of the total cost of the program
2 as of the date of the briefing, including the cost of de-
3 velopment, testing, and production.
4 (3) A comparison of the total cost of the program
5 relative to the original acquisition program baseline
6 and the most recently approved acquisition program
7 baseline as of the date of the briefing.
8 (4) An assessment of the flight testing that re-
9 mains to be conducted under the program, including
10 any testing required for validation of correction of
11 technical deficiencies.
12 (5) An update on the status of the correction of
13 technical deficiencies under the program and any ef-
14 fects on the program schedule resulting from the dis-
15 covery and correction of such deficiencies.
16 (c) CONFORMING REPEAL.—Section 132 of the Na-
17 tional Defense Authorization Act for Fiscal Year 2020 (Pub-
18 lic Law 116–92; 133 Stat. 1238) is repealed.
19 Subtitle C—Air Force Programs
20 SEC. 121. MODIFICATION OF INVENTORY REQUIREMENTS
21 FOR AIRCRAFT OF THE COMBAT AIR FORCES.
22 (a) TOTAL FIGHTER AIRCRAFT INVENTORY REQUIRE-
23 MENTS.—Section 9062(i)(1) of title 10, United States Code,
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24 is amended by striking ‘‘1,970’’ and inserting ‘‘1,800’’.
25 (b) A–10 MINIMUM INVENTORY REQUIREMENTS.—
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1 (1) Section 134(d) of the National Defense Au-
2 thorization Act for Fiscal Year 2017 (Public Law
3 114–328; 130 Stat. 2038) is amended by striking
4 ‘‘171’’ and inserting ‘‘153’’.
5 (2) Section 142(b)(2) of the National Defense
6 Authorization Act for Fiscal Year 2016 (Public Law
7 114–92; 129 Stat. 755 ) is amended by striking ‘‘171’’
8 and inserting ‘‘153’’.
9 (c) MODIFICATION OF LIMITATION ON AVAILABILITY
10 OF FUNDS FOR DESTRUCTION OF A–10 AIRCRAFT IN STOR-
11 AGE STATUS.—Section 135(a) of the National Defense Au-
12 thorization Act for Fiscal Year 2017 (Public Law 114–328;
13 130 Stat. 2039) is amended by striking ‘‘the report required
14 under section 134(e)(2)’’ and inserting ‘‘a report that in-
15 cludes the information described in section 134(e)(2)(C)’’.
16 SEC. 122. MODIFICATION OF MINIMUM INVENTORY RE-
17 QUIREMENT FOR AIR REFUELING TANKER
18 AIRCRAFT.
19 (a) MINIMUM INVENTORY REQUIREMENT.—
20 (1) IN GENERAL.—Section 9062(j) of title 10,
21 United States Code, is amended—
22 (A) by striking ‘‘effective October 1, 2019,’’;
23 and
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24 (B) by striking ‘‘479’’ each place it appears
25 and inserting ‘‘466’’.
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1 (2) EFFECTIVE DATE.—The amendments made
2 by paragraph (1) shall take effect on October 1, 2022.
3 (b) PROHIBITION ON REDUCTION OF KC–135 AIR-
4 CRAFT IN PMAI OF THE RESERVE COMPONENTS.—
5 (1) IN GENERAL.—None of the funds authorized
6 to be appropriated by this Act or otherwise made
7 available for fiscal year 2023 for the Air Force may
8 be obligated or expended to reduce the number of KC–
9 135 aircraft designated as primary mission aircraft
10 inventory within the reserve components of the Air
11 Force.
12 (2) PRIMARY MISSION AIRCRAFT INVENTORY DE-
13 FINED.—In this subsection, the term ‘‘primary mis-
14 sion aircraft inventory’’ has the meaning given that
15 term in section 9062(i)(2)(B) of title 10, United
16 States Code.
17 SEC. 123. REQUIREMENTS RELATING TO F–22 AIRCRAFT.
18 Section 9062 of title 10, United States Code, is amend-
19 ed by adding at the end the following new subsection:
20 ‘‘(k)(1)(A) The Secretary of the Air Force may not—
21 ‘‘(i) retire an F–22 aircraft;
22 ‘‘(ii) prepare to retire an F–22 aircraft; or
23 ‘‘(iii) keep an F–22 aircraft in a status
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24 considered excess to the requirements of the pos-
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1 sessing command and awaiting disposition in-
2 structions (commonly referred to as ‘XJ’ status).
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 uneco-
7 nomical 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 an
16 aircraft is no longer mission capable and uneconomical to
17 repair because of aircraft accidents or mishaps.
18 ‘‘(3) Not later than October 1, 2029, the Secretary of
19 the Air Force shall ensure that all F–22 aircraft of the Air
20 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-
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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 Act
5 for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1576)
6 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 (f).
15 SEC. 126. MINIMUM INVENTORY OF C–130 AIRCRAFT.
16 (a) MINIMUM INVENTORY REQUIREMENT.—
17 (1) IN GENERAL.—During the covered period, the
18 Secretary of the Air Force shall maintain a total in-
19 ventory of C–130 aircraft of not less than 271 air-
20 craft.
21 (2) EXCEPTION .—The Secretary of the Air
22 Force may reduce the number of C–130 aircraft in
23 the Air Force below the minimum number specified
24 in subsection (a) if the Secretary determines, on a
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25 case-by-case basis, that an aircraft is no longer mis-
26 sion capable because of a mishap or other damage.
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1 (3) COVERED PERIOD DEFINED.—In this sub-
2 section, the term ‘‘covered period’’ means the period—
3 (A) beginning at the close of the period de-
4 scribed in section 138(c) of the National Defense
5 Authorization Act for Fiscal Year 2022 (Public
6 Law 117–81; 135 Stat. 1577); and
7 (B) ending on October 1, 2028.
8 (b) PROHIBITION ON REDUCTION OF C–130 AIRCRAFT
9 ASSIGNED TO NATIONAL GUARD.—
10 (1) IN GENERAL.—During fiscal year 2023, the
11 Secretary of the Air Force may not reduce the total
12 number of C–130 aircraft assigned to the National
13 Guard below the number so assigned as of the date of
14 the enactment of this Act.
15 (2) EXCEPTION.—The prohibition under para-
16 graph (1) shall not apply to an individual C–130
17 aircraft that the Secretary of the Air Force deter-
18 mines, on a case-by-case basis, to be no longer mission
19 capable because of a mishap or other damage.
20 SEC. 127. AUTHORITY TO PROCURE UPGRADED EJECTION
21 SEATS FOR CERTAIN T–38A AIRCRAFT.
22 The Secretary of the Air Force is authorized to procure
23 upgraded ejection seats for—
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24 (1) all T–38A aircraft of the Air Force Global
25 Strike Command that have not received an upgraded
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1 ejection seat under the T–38 Ejection Seat Upgrade
2 Program; and
3 (2) all T–38A aircraft of the Air Combat Com-
4 mand that have not received an upgraded ejection
5 seat as part of such Program.
6 SEC. 128. PROHIBITION ON AVAILABILITY OF FUNDS FOR
7 RETIREMENT OF C–40 AIRCRAFT.
8 (a) PROHIBITION.—None of the funds authorized to be
9 appropriated by this Act or otherwise made available for
10 fiscal year 2023 for the Air Force may be obligated or ex-
11 pended to retire, prepare to retire, or place in storage or
12 on backup aircraft inventory status any C–40 aircraft.
13 (b) EXCEPTION.—
14 (1) IN GENERAL.—The limitation under sub-
15 section (a) shall not apply to an individual C–40 air-
16 craft that the Secretary of the Air Force determines,
17 on a case-by-case basis, to be no longer mission capa-
18 ble because of a Class A mishap.
19 (2) CERTIFICATION REQUIRED.—If the Secretary
20 determines under paragraph (1) that an aircraft is
21 no longer mission capable, the Secretary shall submit
22 to the congressional defense committees a certification
23 that the status of such aircraft is due to a Class A
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24 mishap and not due to lack of maintenance or repairs
25 or other reasons.
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1 SEC. 129. PROHIBITION ON AVAILABILITY OF FUNDS FOR
2 PROCUREMENT OF BRIDGE TANKER AIR-
3 CRAFT.
4 None of the funds authorized to be appropriated by this
5 Act or otherwise made available for fiscal year 2023 for the
6 Air Force may be obligated or expended to enter into a con-
7 tract for the procurement of the bridge tanker aircraft (as
8 defined in section 136(b) of the National Defense Authoriza-
9 tion Act for Fiscal Year 2022 (Public Law 117–81)) unless
10 such contract is awarded using full and open competition.
11 Notwithstanding the preceding sentence, the Secretary of the
12 Air Force may enter into a contract for the procurement
13 of the bridge tanker aircraft using procedures other than
14 full and open competition if the Secretary complies with
15 the requirements of section 3204 of title 10, United States
16 Code, with respect to the award of such contract and pro-
17 vides to the Committee on Armed Services of the House of
18 Representatives a briefing that explains the reasons such
19 contract cannot be awarded using full and open competi-
20 tion.
21 SEC. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR
22 TERMINATION OF PRODUCTION LINES FOR
23 HH–60W AIRCRAFT.
24 None of the funds authorized to be appropriated by this
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25 Act or otherwise made available for fiscal year 2023 for the
26 Air Force may be obligated or expended to terminate the
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1 operations of, or to prepare to terminate the operations of,
2 a production line for HH–60W Combat Rescue Helicopters.
3 SEC. 131. PROHIBITION ON CERTAIN REDUCTIONS TO B–1
4 BOMBER AIRCRAFT SQUADRONS.
5 (a) PROHIBITION.—During the covered period, the
6 Secretary of the Air Force may not—
7 (1) modify the designed operational capability
8 statement for any B–1 bomber aircraft squadron, as
9 in effect on the date of the enactment of this Act, in
10 a manner that would reduce the capabilities of such
11 a squadron below the levels specified in such state-
12 ment as in effect on such date; or
13 (2) reduce, below the levels in effect on such date
14 of enactment, the number of personnel assigned to
15 units responsible for the operation and maintenance
16 of B–1 aircraft if such reduction would affect the
17 ability of such units to meet the capability described
18 in paragraph (1).
19 (b) EXCEPTION.—The prohibition under subsection (a)
20 shall not apply to a bomb wing for which the Secretary
21 of the Air Force has commenced the process of replacing
22 B–1 bomber aircraft with B–21 bomber aircraft.
23 (c) DEFINITIONS.—In this section:
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1 (1) The term ‘‘covered period’’ means the period
2 beginning on the date of the enactment of this Act
3 and ending on September 30, 2026.
4 (2) The term ‘‘designed operational capability
5 statement’’ has the meaning given that term in Air
6 Force Instruction 10–201.
7 (d) CONFORMING REPEAL.—Section 133 of the Na-
8 tional Defense Authorization Act for Fiscal Year 2022 (Pub-
9 lic Law 117–81; 135 Stat. 1574) is repealed.
10 SEC. 132. LIMITATION ON RETIREMENT OF E–3 AIRBORNE
11 WARNING AND CONTROL SYSTEM AIRCRAFT.
12 (a) LIMITATION.—
13 (1) IN GENERAL.—Secretary of the Air Force
14 may not retire or prepare to retire more than a total
15 of 13 E–3 Airborne Warning and Control System air-
16 craft.
17 (2) RETIREMENT CONDITIONS.—Of the aircraft
18 authorized to be retired under paragraph (1)—
19 (A) up to eight aircraft may be retired at
20 any time during the period beginning on the
21 date of the enactment of this Act and ending on
22 October 1, 2023; and
23 (B) up to five aircraft may be retired only
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1 a contract for the procurement of an E–7 air-
2 craft.
3 (b) DESIGNATION AS PTAI.—The Secretary of the Air
4 Force shall designate two E–3 aircraft as Primary Train-
5 ing Aircraft Inventory.
6 (c) REPORT REQUIRED.—
7 (1) IN GENERAL.—The Secretary of the Air
8 Force shall submit to the congressional defense com-
9 mittees a report on the airborne warning and control
10 capabilities and capacity of the Air Force.
11 (2) ELEMENTS.—The report under subsection (a)
12 shall include the following:
13 (A) An assessment of—
14 (i) the airborne warning and control
15 capabilities and capacity of the Air Force
16 as of the date of the report; and
17 (ii) the airborne warning and control
18 capabilities and capacity needed to meet the
19 future requirements of the Air Force.
20 (B) Identification of—
21 (i) air moving target indicator and
22 battle management and command and con-
23 trol requirements as of the date of the re-
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24 port;
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1 (ii) the number of such requirements
2 being fulfilled by the current fleet of 31 E–
3 3 aircraft or other capabilities; and
4 (iii) the number of such requirements
5 that would be fulfilled by a reduced fleet of
6 16 E–3 aircraft.
7 (C) An assessment of whether and to what
8 extent a reduced fleet of 16 E–3 aircraft would
9 affect the level of support provided to the oper-
10 ations of the geographic combatant commands.
11 (D) A comparison of the capabilities of the
12 E–3 aircraft with the capabilities of the E–7
13 aircraft that is proposed as a replacement for the
14 E–3 aircraft.
15 (E) A comparison of the capacity required
16 to satisfy both current and future air moving
17 target indicator and battle management and
18 command and control requirements.
19 (F) An acquisition strategy for the E–7 air-
20 craft proposed as a replacement for the E–3 air-
21 craft that is—
22 (i) approved by the Secretary of the
23 Air Force; and
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24 (ii) includes cost and schedule data,
25 plans for training and fielding, and an as-
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1 sessment of possible courses of action to ac-
2 celerate the proposed acquisition.
3 SEC. 133. REQUIREMENTS STUDY AND ACQUISITION STRAT-
4 EGY FOR THE COMBAT SEARCH AND RESCUE
5 MISSION OF THE AIR FORCE.
6 (a) REQUIREMENTS STUDY.—
7 (1) IN GENERAL.—The Secretary of the Air
8 Force shall conduct a study to determine the require-
9 ments for the combat search and rescue mission of the
10 Air Force in support of the objectives of the National
11 Defense Strategy.
12 (2) ELEMENTS.—The study under paragraph (1)
13 shall include the following:
14 (A) Identification of anticipated combat
15 search and rescue mission requirements nec-
16 essary to meet the objectives of the most recent
17 National Defense Strategy, including—
18 (i) requirements for short-term, mid-
19 term, and long-term contingency and
20 steady-state operations against adversaries;
21 (ii) requirements under the Agile Com-
22 bat Employment operational scheme of the
23 Air Force;
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24 (iii) requirements relating to regions
25 and specific geographic areas that are ex-
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1 pected to have a need for combat search and
2 rescue forces based on the combat-relevant
3 range and penetration capability of United
4 States air assets and associated weapon sys-
5 tems; and
6 (iv) the level of operational risk associ-
7 ated with each likely requirement and sce-
8 nario.
9 (B) An assessment of the rotary, tilt, and
10 fixed wing aircraft and key combat search and
11 rescue enabling capabilities that—
12 (i) are needed to meet the requirements
13 identified under subparagraph (A); and
14 (ii) have been accounted for in the
15 budget of the Air Force as of the date of the
16 study.
17 (C) Identification of any combat search and
18 rescue capability gaps, including an assessment
19 of—
20 (i) whether and to what extent such
21 gaps may affect the ability of the Air Force
22 to conduct combat search and rescue oper-
23 ations;
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24 (ii) any capability gaps that may be
25 created by procuring fewer HH–60W air-
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1 craft than planned under the program of
2 record, including any expected changes to
3 the plan for fielding such aircraft for active,
4 reserve, and National Guard units; and
5 (iii) any capability gaps attributable
6 to unfunded requirements.
7 (D) Identification and assessment of key
8 current, emerging, and future technologies with
9 potential application to the combat search and
10 rescue mission, including electric vertical takeoff
11 and landing, unmanned aerial systems, armed
12 air launched effects or similar armed capabili-
13 ties, or a combination of such technologies.
14 (E) An assessment of each technology iden-
15 tified under subparagraph (D), including (as ap-
16 plicable) an assessment of—
17 (i) technology maturity;
18 (ii) suitability to the combat search
19 and rescue mission;
20 (iii) range;
21 (iv) speed;
22 (v) payload capability and capacity;
23 (vi) radio frequency and infrared sig-
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24 natures;
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1 (vii) operational conditions required
2 for the use of such technology, such as run-
3 way availability;
4 (viii) survivability;
5 (ix) lethality;
6 (x) potential to support combat mis-
7 sions other than combat search and rescue;
8 and
9 (xi) estimated cost.
10 (3) SUBMITTAL TO CONGRESS.—
11 (A) IN GENERAL.—Not later than March
12 30, 2023, the Secretary of the Air Force shall
13 submit to the Committees on Armed Services of
14 the Senate and the House of Representatives a
15 report on the results of the study under para-
16 graph (1).
17 (B) FORM.—The report required under sub-
18 paragraph (A) shall be submitted in unclassified
19 form, but may include a classified annex.
20 (b) ACQUISITION STRATEGY.—
21 (1) IN GENERAL.—Based on the results of the
22 study conducted under subsection (a), the Secretary of
23 the Air Force shall develop a strategy for the acquisi-
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24 tion of capabilities to meet the requirements identified
25 under such study.
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1 (2) ELEMENTS.—The acquisition strategy under
2 paragraph (1) shall include—
3 (A) A prioritized list of the capabilities
4 needed to meet the requirements identified under
5 subsection (a).
6 (B) The estimated costs of such capabilities,
7 including—
8 (i) any amounts already budgeted for
9 such capabilities as of the date of the strat-
10 egy, including amounts already budgeted
11 for emerging and future technologies; and
12 (ii) any amounts not already budgeted
13 for such capabilities as of such date.
14 (C) An estimate of the date by which the ca-
15 pability is expected to become operational.
16 (D) A description of any requirements iden-
17 tified under subsection (a) that the Secretary of
18 the Air Force does not expect to meet as part of
19 the acquisition strategy and an explanation of
20 the reasons such requirements cannot be met.
21 (3) SUBMITTAL TO CONGRESS.—
22 (A) IN GENERAL.—Not later than June 1,
23 2023, the Secretary of the Air Force shall submit
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24 to the Committees on Armed Services of the Sen-
25 ate and the House of Representatives a report on
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1 the acquisition strategy developed under para-
2 graph (1).
3 (B) FORM.—The report required under sub-
4 paragraph (A) shall be submitted in unclassified
5 form, but may include a classified annex.
6 SEC. 134. PLAN FOR TRANSFER OF KC–135 AIRCRAFT TO
7 THE AIR NATIONAL GUARD.
8 (a) PLAN REQUIRED.—The Secretary of the Air Force
9 shall develop a plan to transfer covered KC–135 aircraft
10 to air refueling wings of the Air National Guard that are
11 classic associations with active duty units of the Air Force.
12 (b) BRIEFING.—Not later than 120 days after the date
13 of the enactment of this Act, the Secretary of the Air Force
14 shall provide to the Committees on Armed Services of the
15 Senate and the House of Representatives a briefing on plan
16 developed under subsection (a). The briefing shall include
17 an explanation of the effects the plan is expected to have
18 on the aerial refueling capability of the Department of De-
19 fense.
20 (c) DEFINITIONS.—In this section:
21 (1) The term ‘‘covered KC–135 aircraft’’ means
22 a KC–135 aircraft that the Secretary of the Air Force
23 is in the process of replacing with a KC–46A aircraft.
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24 (2) The term ‘‘classic association’’ means a
25 structure under which a regular Air Force unit re-
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1 tains principal responsibility for an aircraft and
2 shares the aircraft with one or more reserve compo-
3 nent units.
4 SEC. 135. ANNUAL REPORT ON T–7A ADVANCED PILOT
5 TRAINING SYSTEM.
6 (a) ANNUAL REPORT.—Not later than March 1, 2023,
7 and annually thereafter for 5 years, the Assistant Secretary
8 of the Air Force for Acquisition, Technology, and Logistics
9 shall submit to the Committees on Armed Services of the
10 Senate and the House of Representatives a report on the
11 acquisition efforts of the Department of Defense with respect
12 to the T–7A Advanced Pilot Training System (including
13 any associated aircraft and ground training systems).
14 (b) ELEMENTS.—Each report under subsection (a)
15 shall include the following:
16 (1) An overview of the Assistant Secretary’s ac-
17 quisition strategy for the T–7 Advanced Pilot Train-
18 ing System, including the current status of the acqui-
19 sition strategy as of the date of the report.
20 (2) The cost and schedule estimates for the pro-
21 gram.
22 (3) In the case of the initial report under this
23 section, the key performance parameters or the equiv-
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24 alent requirements for the program. In the case of
25 subsequent reports, any key performance parameters
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1 or the equivalent requirements for the program that
2 have changed since the submission of the previous re-
3 port under this section.
4 (4) The test and evaluation strategy and execu-
5 tion date of the testing program, including any re-
6 sults, and a summary of testing points closed per-
7 taining to the testing program.
8 (5) The logistics and sustainment strategy of the
9 program, and the planning, execution, and implemen-
10 tation that has occurred related to that strategy as of
11 the date of the report.
12 (6) An explanation of the causes related to any
13 engineering, manufacturing, development, testing,
14 production, delivery, acceptance, and fielding delays
15 incurred by the program as of the date of the report
16 and any associated impacts and subsequent efforts to
17 address such delays.
18 (7) The post-production fielding strategy for the
19 program.
20 (8) Any other matters regarding the acquisition
21 of the T–7 Advanced Pilot Training System that the
22 Assistant Secretary determines to be of critical impor-
23 tance to the long-term viability of the program.
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1 SEC. 136. REPORT ON F–22 AIRCRAFT FORCE LAYDOWN.
2 Not later than April 30, 2023, the Secretary of the Air
3 Force shall submit to the Committees on Armed Services
4 of the Senate and the House of Representatives a report
5 on—
6 (1) the proposed plan of the Air Force for the
7 movement and basing of 186 F–22 aircraft; and
8 (2) the establishment of a new F–22 formal
9 training unit, including—
10 (A) the anticipated location of such unit;
11 (B) the anticipated schedule for the estab-
12 lishment of such unit; and
13 (C) the number of aircraft that are expected
14 to be transferred to such unit.
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 title
20 10, United States Code, is amended by adding at the end
21 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 fur-
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25 nish electric vehicle charging stations at a commissary store
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1 or military exchange for commercial use by individuals au-
2 thorized to access such facilities.
3 ‘‘(b) RATES AND PROCEDURES.—If the Secretary of
4 Defense furnishes electric vehicle charging stations pursuant
5 to subsection (a)—
6 ‘‘(1) the Secretary shall establish rates and pro-
7 cedures that the Secretary determines appropriate for
8 the purchase of electric power from the charging sta-
9 tions; and
10 ‘‘(2) such charging stations may be installed and
11 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.—In
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24 this section, the term ‘covered nontactical vehicle’ means
25 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 agency
5 of the Federal Government for the use of the Depart-
6 ment of Defense, pursuant to a contract entered into,
7 renewed, modified, or amended on or after October 1,
8 2022.’’.
9 (b) CLERICAL AMENDMENT.—The table of sections at
10 the beginning of such subchapter is amended by adding at
11 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 Air
17 Force, with respect to the Air Force, and the Secretary of
18 the Navy, with respect to the Navy, shall develop and imple-
19 ment processes and procedures for—
20 (1) the acquisition of used, overhauled, recondi-
21 tioned, and remanufactured commercial dual-use
22 parts; and
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23 (2) the use of such commercial-dual use parts in
24 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 prod-
5 ucts.
6 (b) PROCUREMENT OF PARTS.—The processes and pro-
7 cedures implemented under subsection (a) shall provide that
8 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 Code);
11 and
12 (2) only from suppliers that provide parts that
13 possess an Authorized Release Certificate Federal
14 Aviation Administration Form 8130-3 Airworthy Ap-
15 proval Tag from a certified repair station pursuant
16 to part 145 of title 14, Code of Federal Regulations.
17 (c) DEFINITIONS.—In this section:
18 (1) COMMERCIAL DERIVATIVE.—The term ‘‘com-
19 mercial derivative’’ means an item procured by the
20 Department of Defense that is or was produced using
21 the same or similar production facilities, a common
22 supply chain, and the same or similar production
23 processes that are used for the production of the item
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24 as predominantly used by the general public or by
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1 nongovernmental entities for purposes other than gov-
2 ernmental 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 ‘‘commer-
11 cial product’’ has the meaning given such term in sec-
12 tion 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 of
19 Defense for Acquisition and Sustainment, in coordination
20 with the Secretaries of the Army, Navy, and Air Force, shall
21 conduct an assessment of the military rotary wing aircraft
22 industrial base.
23 (b) ELEMENTS.—The assessment under subsection (a)
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24 shall include the following:
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1 (1)(A) Identification of each rotary wing aircraft
2 program of the Department of Defense that is in the
3 research and development or procurement phase.
4 (B) A description of any platform-specific or ca-
5 pability-specific facility or workforce technical skill
6 requirements necessary for each program identified
7 under subparagraph (A).
8 (2) Identification of—
9 (A) the rotary wing aircraft capabilities of
10 each Armed Force anticipated for programming
11 beyond the period covered by the most recent fu-
12 ture-years defense program submitted to Con-
13 gress under section 221 of title 10, United States
14 Code (as of the date of the assessment); and
15 (B) the technologies, facilities, and work-
16 force skills necessary for the development of such
17 capabilities.
18 (3) An assessment of the military industrial base
19 capacity and skills that are available (as of the date
20 of the assessment) to design and manufacture the
21 platforms and capabilities identified under para-
22 graphs (1) and (2) and a list of any gaps in such ca-
23 pacity and skills.
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24 (4)(A) Identification of each component, sub-
25 component, or equipment supplier in the military ro-
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1 tary wing aircraft industrial base that is the sole
2 source within such industrial base from which that
3 component, subcomponent, or equipment may be ob-
4 tained.
5 (B) An assessment of any risk resulting from the
6 lack of other suppliers for such components, sub-
7 components, or equipment.
8 (5) Analysis of the likelihood of future consolida-
9 tion, contraction, or expansion, within the rotary
10 wing aircraft industrial base, including—
11 (A) identification of the most probable sce-
12 narios with respect to such consolidation, con-
13 traction, or expansion; and
14 (B) an assessment of how each such scenario
15 may affect the ability of the Armed Forces to ac-
16 quire military rotary wing aircraft in the fu-
17 ture, including any effects on the cost and sched-
18 ule of such acquisitions.
19 (6) Such other matters the Under Secretary of
20 Defense for Acquisition and Sustainment determines
21 appropriate.
22 (c) REPORT.—
23 (1) IN GENERAL.—Concurrently with the submis-
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24 sion of the next annual report required to be sub-
25 mitted under section 4814 of title 10, United States
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1 Code, after the date of the enactment of this Act, the
2 Under Secretary of Defense for Acquisition and
3 Sustainment shall submit to the congressional defense
4 committees a report that includes—
5 (A) the results of the assessment conducted
6 under subsection (a); and
7 (B) based on such results, recommendations
8 for reducing any risks identified with respect to
9 the military rotary wing aircraft industrial
10 base.
11 (2) FORM.—The report required under para-
12 graph (1) may be submitted as an appendix to the
13 annual report required to be submitted under section
14 4814 of title 10, United States Code.
15 (d) ROTARY WING AIRCRAFT DEFINED.—In this sec-
16 tion, the term ‘‘rotary wing aircraft’’ includes rotary wing
17 and tiltrotor aircraft.
18 TITLE II—RESEARCH, DEVELOP-
19 MENT, TEST, AND EVALUA-
20 TION
21 Subtitle A—Authorization of
22 Appropriations
23 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
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24 Funds are hereby authorized to be appropriated for fis-
25 cal year 2023 for the use of the Department of Defense for
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1 research, development, test, and evaluation, as specified in
2 the funding table in section 4201.
3 Subtitle B—Program Requirements,
4 Restrictions, and Limitations
5 SEC. 211. CLARIFICATION OF ROLE OF SENIOR OFFICIAL
6 WITH PRINCIPAL RESPONSIBILITY FOR ARTI-
7 FICIAL INTELLIGENCE AND MACHINE LEARN-
8 ING.
9 (a) JOINT ARTIFICIAL INTELLIGENCE RESEARCH AND
10 DEVELOPMENT ACTIVITIES.—Section 238 of the John S.
11 McCain National Defense Authorization Act for Fiscal Year
12 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061) is
13 amended—
14 (1) by amending subsection (c) to read as fol-
15 lows:
16 ‘‘(c) ORGANIZATION AND ROLES.—
17 ‘‘(1) IN GENERAL.—In addition to designating
18 an official under subsection (b), the Secretary of De-
19 fense shall assign to appropriate officials within the
20 Department of Defense roles and responsibilities relat-
21 ing to the research, development, prototyping, testing,
22 procurement of, requirements for, and operational use
23 of artificial intelligence technologies.
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1 ‘‘(2) APPROPRIATE OFFICIALS.—The officials as-
2 signed roles and responsibilities under paragraph (1)
3 shall include—
4 ‘‘(A) the Under Secretary of Defense for Re-
5 search and Engineering;
6 ‘‘(B) the Under Secretary of Defense for Ac-
7 quisition and Sustainment;
8 ‘‘(C) one or more officials in each military
9 department;
10 ‘‘(D) officials of appropriate Defense Agen-
11 cies; and
12 ‘‘(E) such other officials as the Secretary of
13 Defense determines appropriate.’’;
14 (2) in subsection (e) in the second sentence, by
15 striking ‘‘Director of the Joint Artificial Intelligence
16 Center’’ and inserting ‘‘the official designated under
17 subsection (b)’’; and
18 (3) by striking subsection (h).
19 (b) PERSONNEL MANAGEMENT AUTHORITY TO AT-
20 TRACT EXPERTS IN SCIENCE AND ENGINEERING.—Section
21 4092 of title 10, United States Code, is amended—
22 (1) by amending paragraph (6) of subsection (a)
23 to read as follows:
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24 ‘‘(6) JOINT ARTIFICIAL INTELLIGENCE RE-
25 SEARCH, DEVELOPMENT, AND TRANSITION ACTIVI-
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1 TIES.—The official designated under subsection (b) of
2 section 238 of the John S. McCain National Defense
3 Authorization Act for Fiscal Year 2019 (Public Law
4 115–232) shall carry out a program of personnel
5 management authority provided in subsection (b) of
6 this section in order to facilitate recruitment of emi-
7 nent experts in science or engineering to support the
8 activities of such official under such section 238.’’.
9 (2) in subsection (b)(1)(F)—
10 (A) by striking ‘‘Joint Artificial Intelligence
11 Center’’ and inserting ‘‘official designated under
12 subsection (b) of section 238 of the John S.
13 McCain National Defense Authorization Act for
14 Fiscal Year 2019 (Public Law 115–232)’’; and
15 (B) by striking ‘‘in the Center’’ and insert-
16 ing ‘‘in support of the activities of such official
17 under such section’’; and
18 (3) in subsection (c)(2), by striking ‘‘the Joint
19 Artificial Intelligence Center’’ and inserting ‘‘the ac-
20 tivities under section 238 of the John S. McCain Na-
21 tional Defense Authorization Act for Fiscal Year 2019
22 (Public Law 115–232)’’.
23 (c) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICA-
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24 TIONS AND ESTABLISHMENT OF PERFORMANCE
25 METRICS.—Section 226(b) of the National Defense Author-
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1 ization Act for Fiscal Year 2022 (Public Law 117–81; 10
2 U.S.C. 4001 note) is amended—
3 (1) in paragraph (3), by inserting ‘‘or the offi-
4 cial designated under subsection (b) of section 238 of
5 the John S. McCain National Defense Authorization
6 Act for Fiscal Year 2019 (Public Law 115–232; 10
7 U.S.C. note prec. 4061)’’ after ‘‘Director of the Joint
8 Artificial Intelligence Center’’;
9 (2) in paragraph (4), by inserting ‘‘or the offi-
10 cial designated under subsection (b) of section 238 of
11 the John S. McCain National Defense Authorization
12 Act for Fiscal Year 2019 (Public Law 115–232; 10
13 U.S.C. note prec. 4061)’’ after ‘‘Director of the Joint
14 Artificial Intelligence Center’’; and
15 (3) in paragraph (5), by inserting ‘‘or the offi-
16 cial designated under subsection (b) of section 238 of
17 the John S. McCain National Defense Authorization
18 Act for Fiscal Year 2019 (Public Law 115–232; 10
19 U.S.C. note prec. 4061)’’ after ‘‘Director of the Joint
20 Artificial Intelligence Center’’.
21 (d) MODIFICATION OF THE JOINT COMMON FOUNDA-
22 TION PROGRAM.—Section 227(a) of the National Defense
23 Authorization Act for Fiscal Year 2022 (Public Law 117–
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24 81; 10 U.S.C. 4001 note) is amended by striking ‘‘Joint
25 Artificial Intelligence Center’’ and inserting ‘‘the office of
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1 the official designated under subsection (b) of section 238
2 of the John S. McCain National Defense Authorization Act
3 for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note
4 prec. 4061)’’.
5 (e) PILOT PROGRAM ON DATA REPOSITORIES TO FA-
6 CILITATE THE DEVELOPMENT OF ARTIFICIAL INTEL-
7 LIGENCE CAPABILITIES FOR THE DEPARTMENT OF DE-
8 FENSE.—Section 232 of the National Defense Authorization
9 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
10 4001 note) is amended—
11 (1) in the section heading, by striking ‘‘PILOT
12 PROGRAM ON DATA REPOSITORIES’’ and insert-
13 ing ‘‘DATA REPOSITORIES’’;
14 (2) by amending subsection (a) to read as fol-
15 lows:
16 ‘‘(a) ESTABLISHMENT OF DATA REPOSITORIES.—The
17 Secretary of Defense, acting through the official designated
18 under subsection (b) of section 238 of the John S. McCain
19 National Defense Authorization Act for Fiscal Year 2019
20 (Public Law 115–232; 10 U.S.C. note prec. 4061) (and such
21 other officials as the Secretary determines appropriate),
22 shall—
23 ‘‘(1) establish data repositories containing De-
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24 partment of Defense data sets relevant to the develop-
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1 ment of artificial intelligence software and technology;
2 and
3 ‘‘(2) allow appropriate public and private sector
4 organizations to access such data repositories for the
5 purpose of developing improved artificial intelligence
6 and machine learning software capabilities that may,
7 as determined appropriate by the Secretary, be pro-
8 cured by the Department to satisfy Department re-
9 quirements and technology development goals.’’;
10 (3) in subsection (b), by striking ‘‘If the Sec-
11 retary of Defense carries out the pilot program under
12 subsection (a), the data repositories established under
13 the program’’ and inserting ‘‘The data repositories es-
14 tablished under subsection (a)’’; and
15 (4) by amending subsection (c) to read as fol-
16 lows:
17 ‘‘(c) BRIEFING.—Not later than July 1, 2023, the Sec-
18 retary of Defense shall provide to the congressional defense
19 committees a briefing on—
20 ‘‘(1) the types of information the Secretary deter-
21 mines are feasible and advisable to include in the
22 data repositories established under subsection (a); and
23 ‘‘(2) the progress of the Secretary in establishing
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24 such data repositories.’’.
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1 (f) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN
2 AND WORKING GROUP.—Section 1531(d)(2)(C) of the Na-
3 tional Defense Authorization Act for Fiscal Year 2022 (Pub-
4 lic Law 117–81; 135 Stat. 2051) is amended by striking
5 ‘‘The Joint Artificial Intelligence Center (JAIC)’’ and in-
6 serting ‘‘The office of the official designated under sub-
7 section (b) of section 238 of the John S. McCain National
8 Defense Authorization Act for Fiscal Year 2019 (Public
9 Law 115–232; 10 U.S.C. note prec. 4061)’’.
10 (g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO
11 THE DEFENSE REFORM PILLAR OF THE NATIONAL DE-
12 FENSE STRATEGY.—Section 234(b) of the William M. (Mac)
13 Thornberry National Defense Authorization Act for Fiscal
14 Year 2021 (Public Law 116–283; 10 U.S.C. 113) is amend-
15 ed by striking ‘‘Director of the Joint Artificial Intelligence
16 Center’’ and inserting ‘‘official designated under subsection
17 (b) of section 238 of the John S. McCain National Defense
18 Authorization Act for Fiscal Year 2019 (Public Law 115–
19 232; 10 U.S.C. note prec. 4061)’’.
20 (h) PILOT PROGRAM ON THE USE OF ELECTRONIC
21 PORTFOLIOS TO EVALUATE CERTAIN APPLICANTS FOR
22 TECHNICAL POSITIONS.—Section 247(c) of the William M.
23 (Mac) Thornberry National Defense Authorization Act for
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24 Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. note
25 prec. 1580) is amended—
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1 (1) in paragraph (1), by striking ‘‘the Joint Ar-
2 tificial Intelligence Center’’ and inserting ‘‘the office
3 of the official designated under subsection (b) of sec-
4 tion 238 of the John S. McCain National Defense Au-
5 thorization Act for Fiscal Year 2019 (Public Law
6 115–232; 10 U.S.C. note prec. 4061)’’;
7 (2) by striking paragraph (2); and
8 (3) by redesignating paragraphs (3) and (4) as
9 paragraphs (2) and (3), respectively.
10 (i) ACQUISITION AUTHORITY OF THE DIRECTOR OF
11 THE JOINT ARTIFICIAL INTELLIGENCE CENTER.—Section
12 808 the William M. (Mac) Thornberry National Defense
13 Authorization Act for Fiscal Year 2021 (Public Law 116–
14 283; 10 U.S.C. 4001 note) is amended—
15 (1) in the section heading, by striking ‘‘THE DI-
16 RECTOR OF THE JOINT ARTIFICIAL INTEL-
17 LIGENCE CENTER’’ and inserting ‘‘THE SENIOR
18 OFFICIAL WITH PRINCIPAL RESPONSIBILITY
19 FOR ARTIFICIAL INTELLIGENCE AND MACHINE
20 LEARNING’’;
21 (2) in subsection (a)—
22 (A) by striking ‘‘the Director of the Joint
23 Artificial Intelligence Center’’ and inserting ‘‘the
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24 official designated under subsection (b) of section
25 238 of the John S. McCain National Defense Au-
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1 thorization Act for Fiscal Year 2019 (Public
2 Law 115–232; 10 U.S.C. note prec. 4061) (re-
3 ferred to in this section as the ‘Official’)’’; and
4 (B) by striking ‘‘the Center’’ and inserting
5 ‘‘the office of such official (referred to in this sec-
6 tion as the ‘Office’)’’;
7 (3) in subsection (b)—
8 (A) in the subsection heading, by striking
9 ‘‘JAIC’’;
10 (B) in paragraph (1)—
11 (i) in the matter preceding subpara-
12 graph (A),
13 (I) by striking ‘‘staff of the Direc-
14 tor’’ and inserting ‘‘staff of the Offi-
15 cial’’; and
16 (II) by striking ‘‘the Director of
17 the Center’’ and inserting ‘‘such Offi-
18 cial’’;
19 (ii) in subparagraph (A), by striking
20 ‘‘the Center’’ and inserting ‘‘the Office’’;
21 (iii) in subparagraph (B), by striking
22 ‘‘the Center’’ and inserting ‘‘the Office’’;
23 (iv) in subparagraph (C), by striking
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24 ‘‘the Center’’ each place it appears and in-
25 serting ‘‘the Office’’; and
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1 (v) in subparagraph (D), by striking
2 ‘‘the Center’’ each place it appears and in-
3 serting ‘‘the Office’’;
4 (C) in paragraph (2)—
5 (i) by striking ‘‘the Center’’ and insert-
6 ing ‘‘the Office’’; and
7 (ii) by striking ‘‘the Director’’ and in-
8 serting ‘‘the Official’’;
9 (4) in subsection (c)(1)—
10 (A) by striking ‘‘the Center’’ and inserting
11 ‘‘the Office’’; and
12 (B) by striking ‘‘the Director’’ and inserting
13 ‘‘the Official’’;
14 (5) in subsection (d), by striking ‘‘the Director’’
15 and inserting ‘‘the Official’’;
16 (6) in subsection (e)—
17 (A) in paragraph (2)—
18 (i) in subparagraph (B), by striking
19 ‘‘Center missions’’ and inserting ‘‘the mis-
20 sions of the Office’’; and
21 (ii) in subparagrpah (D), by striking
22 ‘‘the Center’’ and inserting ‘‘the Office’’;
23 and
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24 (B) in paragraph (3), by striking ‘‘the Cen-
25 ter’’ and inserting ‘‘the Office’’;
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1 (7) in subsection (f), by striking ‘‘the Director’’
2 and inserting ‘‘the Official’’; and
3 (8) in subsection (g)—
4 (A) by striking paragraphs (1) and (3); and
5 (B) by redesignating paragraphs (4) and
6 (5) as paragraphs (1) and (2), respectively.
7 (j) BIANNUAL REPORT.—Section 260 of the National
8 Defense Authorization Act for Fiscal Year 2020 (Public
9 Law 116–92; 133 Stat. 1293) is amended—
10 (1) in the section heading, by striking ‘‘JOINT
11 ARTIFICIAL INTELLIGENCE CENTER’’ and insert-
12 ing ‘‘OFFICE OF THE SENIOR OFFICIAL WITH
13 PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
14 INTELLIGENCE AND MACHINE LEARNING’’;
15 (2) in subsection (a)—
16 (A) by striking ‘‘2023’’ and inserting
17 ‘‘2026’’; and
18 (B) by striking ‘‘the Joint Artificial Intel-
19 ligence Center (referred to in this section as the
20 ‘Center’)’’ and inserting ‘‘the office of the official
21 designated under subsection (b) of section 238 of
22 the John S. McCain National Defense Authoriza-
23 tion Act for Fiscal Year 2019 (Public Law 115–
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24 232; 10 U.S.C. note prec. 4061) (referred to in
25 this section as the ‘Office’)’’;
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1 (3) in subsection (b)—
2 (A) by striking ‘‘Center’’ each place it ap-
3 pears and inserting ‘‘Office’’;
4 (B) in paragraph (2), by striking ‘‘the Na-
5 tional Mission Initiatives, Component Mission
6 Initiatives, and any other initiatives’’ and in-
7 serting ‘‘any initiatives’’; and
8 (C) in paragraph (7), by striking ‘‘the Cen-
9 ter’s investments in the National Mission Initia-
10 tives and Component Mission Initiatives’’ and
11 inserting ‘‘the Office’s investments in its initia-
12 tives and other activities’’; and
13 (4) by striking subsection (c).
14 (k) REPORTING RESPONSIBILITY.—Section 903(b) of
15 the National Defense Authorization Act for Fiscal Year
16 2020 (Public Law 116–92; 10 U.S.C. 2223 note) is amend-
17 ed—
18 (1) by striking paragraph (3); and
19 (2) by redesignating paragraph (4) as para-
20 graph (3).
21 (l) REFERENCES IN EXISTING LAW.—Any reference in
22 any law, regulation, guidance, instruction, or other docu-
23 ment of the Federal Government to the Director of the Joint
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24 Artificial Intelligence Center of the Department of Defense
25 or to the Joint Artificial Intelligence Center shall be deemed
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1 to refer to the official designated under section 238(b) of
2 the John S. McCain National Defense Authorization Act for
3 Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note
4 prec. 4061) or the office of such official, as the case may
5 be.
6 SEC. 212. ROLE OF THE CHIEF DIGITAL AND ARTIFICIAL IN-
7 TELLIGENCE OFFICER IN FOSTERING INTER-
8 OPERABILITY AMONG JOINT FORCE SYSTEMS.
9 (a) IN GENERAL.—The Secretary of Defense, in con-
10 sultation with the Director of National Intelligence, shall
11 direct the Chief Digital and Artificial Intelligence Officer
12 of the Department of Defense to carry out the activities de-
13 scribed in subsection (b) in support of the Joint All Domain
14 Command and Control strategy and the Joint Warfighting
15 Concept of the Department.
16 (b) ACTIVITIES DESCRIBED.—The activities described
17 in this subsection are the following:
18 (1) To solicit feedback from the combatant com-
19 mands and the Joint Staff to identify operational
20 challenges that—
21 (A) are attributable to a lack of interoper-
22 ability between the warfighting systems and
23 other technology, including software and data, of
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24 such commands and the Joint Staff; and
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1 (B) could potentially be resolved using mis-
2 sion integration software, including software de-
3 signed to integrate heterogeneous systems across
4 domains without upgrading hardware or chang-
5 ing existing system software.
6 (2) From amounts made available to carry out
7 this section, to allocate funds to entities in the com-
8 batant commands and the Joint Staff to address such
9 operational challenges through—
10 (A) the development, procurement, or field-
11 ing of mission integration software; and
12 (B) the development and implementation of
13 related tactics, techniques, and procedures to in-
14 tegrate systems to increase interoperability.
15 (3) To identify, acquire, and field existing mis-
16 sion integration capabilities and enhance ongoing re-
17 search and development.
18 (4) To support exercises, experimentation, and
19 demonstrations to highlight and refine mission inte-
20 gration software and address associated interoper-
21 ability challenges.
22 (5) To assist in fielding mission integration soft-
23 ware by the military departments to encourage the
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24 development and employment of such software on a
25 larger scale.
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1 (c) BRIEFING.—Not later than 180 days after the date
2 of the enactment of this Act, the Secretary of Defense shall
3 provide to the Committee on Armed Services of the House
4 of Representatives a briefing on the progress of the Chief
5 Digital and Artificial Intelligence Officer in carrying out
6 the activities described in subsection (b)).
7 (d) REPORTS.—On a biannual basis during the period
8 of three years following the date of the briefing under sub-
9 section (c), the Secretary of Defense shall submit to the con-
10 gressional defense committees a report that includes, with
11 respect to the period of six months preceding the date of
12 the report, the following:
13 (1) A description of any operational challenges
14 that were identified under subsection (b)(1).
15 (2) Of those operational challenges—
16 (A) identification of the challenges the Chief
17 Digital and Artificial Intelligence Officer ad-
18 dressed through the allocation of funds under
19 subsection (b)(2); and
20 (B) an explanation of whether and to what
21 extent activities carried out with such funds re-
22 duced interoperability challenges.
23 (3) Identification of any mission integration
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24 software procured, developed, or fielded by the Armed
25 Forces or the combatant commands.
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1 (4) A description of any exercises, experimen-
2 tation, and demonstrations performed.
3 (e) DEFINITIONS.—In this section:
4 (1) The term ‘‘Chief Digital and Artificial Intel-
5 ligence Officer’’ means the official designated under
6 subsection (b) of section 238 of the John S. McCain
7 National Defense Authorization Act for Fiscal Year
8 2019 (Public Law 115–232; 10 U.S.C. note prec.
9 4061).
10 (2) The term ‘‘mission integration software’’
11 means software that supports military operations by
12 creating interoperability between systems, tools, and
13 applications, including weapons, platforms, intel-
14 ligence, surveillance, and reconnaissance systems, in-
15 telligence fusion systems, tasking systems, tactical
16 data links, cyberspace and electronic warfare systems,
17 communications systems, command and control sys-
18 tems, common operating pictures, and commanders’
19 decision aids.
20 SEC. 213. MODIFICATION OF DEFENSE LABORATORY MOD-
21 ERNIZATION PILOT PROGRAM.
22 Section 2803 of the National Defense Authorization
23 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
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24 note prec. 4121) is amended—
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1 (1) in subsection (e), by striking ‘‘$150,000,000’’
2 and inserting ‘‘$300,000,000’’;
3 (2) in subsection (f)(2), by striking ‘‘$1,000,000’’
4 and inserting ‘‘$4,000,000’’; and
5 (3) in subsection (g), by striking ‘‘October 1,
6 2025’’ and inserting ‘‘October 1, 2030’’.
7 SEC. 214. SUPPORT FOR RESEARCH AND DEVELOPMENT OF
8 BIOINDUSTRIAL MANUFACTURING PROC-
9 ESSES.
10 (a) AUTHORIZATION.—Subject to the availability of
11 appropriations, the Secretary of Defense shall provide sup-
12 port to manufacturing innovation institutes for the research
13 and development of innovative bioindustrial manufacturing
14 processes and the development of a network of bioindustrial
15 manufacturing facilities to improve the ability of the indus-
16 trial base to use such processes for the production of chemi-
17 cals, materials, and other products necessary to support na-
18 tional security or secure fragile supply chains.
19 (b) FORM OF SUPPORT.—The support provided under
20 subsection (a) may consist of—
21 (1) the establishment of one or more manufac-
22 turing innovation institutes specializing in the re-
23 search and development of bioindustrial manufac-
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1 (2) providing funding to one or more existing
2 manufacturing innovation institutes—
3 (A) to support the research and development
4 of bioindustrial manufacturing processes; or
5 (B) to otherwise expand the bioindustrial
6 manufacturing capabilities of such institutes;
7 (3) the establishment of dedicated facilities with-
8 in one or more manufacturing innovation institutes
9 to serve as regional hubs for the research, develop-
10 ment, and the scaling of bioindustrial manufacturing
11 processes and products to higher levels of production;
12 or
13 (4) designating a manufacturing innovation in-
14 stitute to serve as the lead entity responsible for inte-
15 grating a network of pilot and intermediate scale bio-
16 industrial manufacturing facilities.
17 (c) ACTIVITIES.—A manufacturing innovation insti-
18 tute that receives support under subsection (a) shall carry
19 out activities relating to the research, development, test, and
20 evaluation of innovative bioindustrial manufacturing proc-
21 esses and the scaling of bioindustrial manufacturing prod-
22 ucts to higher levels of production, which may include—
23 (1) research on the use of bioindustrial manufac-
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24 turing to create materials such as polymers, coatings,
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1 resins, commodity chemicals, and other materials
2 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 pro-
7 duction;
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 prod-
12 ucts and validation of the application of biological
13 material used as input to new and existing processes
14 to aid in future investment strategies and the security
15 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;
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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, cybersecu-
6 rity protocols, and best practices for data storage,
7 sharing and analysis; and
8 (11) such other activities as the Secretary of De-
9 fense 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 a
16 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 infrastruc-
2 ture required to secure supply chains for chemi-
3 cals 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 after
13 the date of the enactment of this Act, the Secretary of
14 Defense shall submit to the appropriate congressional
15 committees and the National Security Commission on
16 Emerging Biotechnology a plan for the implementa-
17 tion 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 es-
21 tablish or support under this section;
22 (B) a general description of the focus of
23 each institute or facility, including the types of
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24 bioindustrial manufacturing equipment, if any,
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1 that are expected to be procured for each such in-
2 stitute 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 in-
12 tends to ensure that bioindustrial manufacturing
13 activities conducted under this section are mod-
14 ernized 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 assurance
20 concerns.
21 (2) BRIEFINGS.—Not later than 180 days after
22 the date of the submittal of the plan under paragraph
23 (1), and biannually thereafter for five years, the Sec-
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24 retary of Defense shall provide to the appropriate con-
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1 gressional committees a briefing on the progress to-
2 ward 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 of
13 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 and
8 other metal-based materials for the subsurface fleet of
9 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 appro-
16 priated by this Act for shipbuilding concept advance design
17 (PE 0603563N), as reflected in division D of this Act, the
18 Secretary of the Navy is authorized to use up to $5,000,0000
19 to carry out the activities required under subsection (a).
20 SEC. 216. DIGITAL MISSION OPERATIONS PLATFORM FOR
21 THE SPACE FORCE.
22 The Secretary of the Air Force is authorized to enter
23 into one or more contracts for the procurement of a digital
24 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 complete
13 any upgrade made under this section, subject to availability
14 of funds for such upgrade, not later than 24 months after
15 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 defense
22 committees that the procurement process for increments of
23 the warfighter machine interface procured after the date of
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24 the enactment of this Act will be carried out in accordance
25 with section 3453 of title 10, United States Code.
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1 (b) MARKET RESEARCH AND REPORT.—
2 (1) MARKET RESEARCH.—The Secretary of the
3 Army shall conduct market research to identify com-
4 mercially available software to determine whether
5 such software has the potential to fulfill the applicable
6 requirements of the warfighter machine interface pro-
7 gram of the Army.
8 (2) REPORT.—Not later than 30 days after the
9 conclusion of the market research required under
10 paragraph (1), the Secretary of the Army shall sub-
11 mit to the congressional defense committees a report
12 on the on the results of the research, including a list
13 of any commercial software identified as part of the
14 research.
15 SEC. 219. MEASURES TO INCREASE THE CAPACITY OF HIS-
16 TORICALLY BLACK COLLEGES AND UNIVER-
17 SITIES AND OTHER MINORITY-SERVING IN-
18 STITUTIONS TO ACHIEVE VERY HIGH RE-
19 SEARCH ACTIVITY STATUS.
20 (a) PURPOSE.—The purpose of the program estab-
21 lished under this section is to provide additional pathways
22 needed for further increasing capacity at historically Black
23 colleges and universities and other minority-serving institu-
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24 tions to achieve and maintain very high research activity
25 status.
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1 (b) PROGRAM TO INCREASE CAPACITY TOWARD
2 ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS.—
3 (1) PROGRAM.—
4 (A) IN GENERAL.—The Secretary shall es-
5 tablish and carry out, using funds made avail-
6 able for research activities, a pilot program to
7 increase capacity at high research activity status
8 historically Black colleges and universities and
9 other minority-serving institutions toward
10 achieving very high research activity status dur-
11 ing the grant period.
12 (B) RECOMMENDATIONS.—In establishing
13 such program, the Secretary may consider the
14 recommendations pursuant to section 262 of the
15 National Defense Authorization Act for Fiscal
16 Year 2020 (Public Law 116–92; 10 U.S.C. 4144
17 note) and section 220 of the National Defense
18 Authorization Act for Fiscal Year 2022 (Public
19 Law 117–81; 135 Stat. 1597).
20 (2) GRANTS AUTHORIZED.—The Secretary shall
21 award, on a competitive basis, grants to eligible insti-
22 tutions to carry out the activities under paragraph
23 (4)(A).
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24 (3) APPLICATION.—An eligible institution seek-
25 ing a grant under this section shall submit an appli-
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1 cation to the Secretary at such time, in such manner,
2 and containing such information and assurances as
3 the Secretary may require, including a description
4 of—
5 (A) nascent research capabilities with re-
6 spect to research areas of interest to the Depart-
7 ment of Defense;
8 (B) a plan for increasing the level of re-
9 search activity toward achieving very high re-
10 search activity status classification during the
11 grant period, including measurable milestones
12 such as growth in very high research activity
13 status indicators and other relevant factors;
14 (C) how such institution will sustain the in-
15 creased level of research activity after the conclu-
16 sion of the grant period; and
17 (D) how the institution will evaluate and
18 assess progress with respect to the implementa-
19 tion of the plan under subparagraph (B).
20 (4) PROGRAM COMPONENTS.—
21 (A) USE OF FUNDS.—An eligible institution
22 that receives a grant under this section shall use
23 the grant funds to support research activities
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24 with respect to research areas for STEM and
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1 critical technologies, as determined by the Sec-
2 retary under subparagraph (B), including—
3 (i) faculty professional development;
4 (ii) stipends for undergraduate and
5 graduate students and post-doctoral schol-
6 ars;
7 (iii) laboratory equipment and instru-
8 mentation;
9 (iv) recruitment and retention of fac-
10 ulty and graduate students;
11 (v) communication and dissemination
12 of products produced during the grant pe-
13 riod;
14 (vi) construction, modernization, reha-
15 bilitation, or retrofitting of facilities for re-
16 search purposes; and
17 (vii) other activities necessary to build
18 capacity in achieving very high research ac-
19 tivity status indicators.
20 (B) STRATEGIC AREAS OF SCIENTIFIC RE-
21 SEARCH.—The Secretary, in consultation with
22 the Defense Science Board, shall establish and
23 update, on an annual basis, a list of research
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24 areas for STEM and critical technologies.
25 (C) RESEARCH PROGRESS REPORTING.—
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1 (i) IN GENERAL.—Not later than 3
2 years after receiving a grant under this sec-
3 tion, and every 3 years thereafter, an eligi-
4 ble institution shall submit to the Sec-
5 retary—
6 (I) a report that includes an as-
7 sessment by the institution, using the
8 criteria established in clause (ii), of the
9 progress made by such institution with
10 respect to achieving very high research
11 activity indicators; and
12 (II) an updated plan described in
13 paragraph (3)(B).
14 (ii) RESEARCH ASSESSMENT.—The
15 Secretary, in partnership with the eligible
16 institution, shall establish criteria for the
17 report required under clause (i)(I).
18 (D) GRANT PERIOD.—A grant awarded
19 under this section shall be for a period of not
20 more than 10 years, to be determined by the Sec-
21 retary.
22 (E) EXPANSION OF ELIGIBILITY.—The Sec-
23 retary may award grants under this section to
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24 historically Black colleges and universities and
25 other minority-serving institutions that are not
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1 eligible institutions if the Secretary determines
2 that the program can support such colleges, uni-
3 versities, and institutions while achieving the
4 purpose of the program described in subsection
5 (a).
6 (5) EVALUATION.—Not later than 5 years after
7 the date of the enactment of this Act, the Secretary
8 shall prepare and submit a report to the Committees
9 on Armed Services of the Senate and the House of
10 Representatives providing an update on the pilot pro-
11 gram, including—
12 (A) activities carried out under the pilot
13 program;
14 (B) an analysis of the growth in very high
15 research activity status indicators of eligible in-
16 stitutions that received a grant under this sec-
17 tion; and
18 (C) emerging research areas of interest to
19 the Department of Defense conducted by eligible
20 institutions that received a grant under this sec-
21 tion.
22 (6) TERMINATION.—The authority of the Sec-
23 retary to award grants under the pilot program es-
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1 the date on which the Secretary establishes such pro-
2 gram.
3 (7) REPORT TO CONGRESS.—Not later than 180
4 days after the termination of the pilot program under
5 paragraph (6), the Secretary shall prepare and sub-
6 mit a report to the Committees on Armed Services of
7 the Senate and the House of Representatives on the
8 pilot program that includes the following:
9 (A) An analysis of the growth in very high
10 research activity status indicators of eligible in-
11 stitutions that received a grant under this sec-
12 tion.
13 (B) An evaluation on the effectiveness of the
14 program in increasing the research capacity of
15 eligible institutions that received a grant under
16 this section.
17 (C) An description of how institutions that
18 have achieved very high research activity status
19 plan to sustain that status beyond the duration
20 of the program.
21 (D) An evaluation of the maintenance of
22 very high research status by eligible institutions
23 that received a grant under this section.
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24 (E) An evaluation of the effectiveness of the
25 program in increasing the diversity of students
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1 conducting high quality research in unique
2 areas.
3 (F) Recommendations with respect to fur-
4 ther activities and investments necessary to ele-
5 vate the research status of historically Black col-
6 leges and universities and other minority-serving
7 institutions.
8 (G) Recommendations on whether the pro-
9 gram established under this section should be re-
10 newed or expanded.
11 (c) DEFINITIONS.—In this section:
12 (1) The term ‘‘eligible institution’’ means a his-
13 torically Black college or university or other minor-
14 ity-serving institution that is classified as a high re-
15 search activity status institution at the time of appli-
16 cation for a grant under subsection (b).
17 (2) The term ‘‘high research activity status’’
18 means R2 status, as classified by the Carnegie Classi-
19 fication of Institutions of Higher Education.
20 (3) The term ‘‘historically Black college or uni-
21 versity’’ has the meaning given the term ‘‘part B in-
22 stitution’’ under section 322 of the Higher Education
23 Act of 1965 (20 U.S.C. 1061).
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24 (4) The term ‘‘other minority-serving institu-
25 tion’’ means an institution of higher education speci-
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1 fied in paragraphs (2) through (7) of section 371(a)
2 of the Higher Education Act of 1965 (20 U.S.C.
3 1067q(a)).
4 (5) The term ‘‘Secretary’’ means the Secretary of
5 Defense.
6 (6) The term ‘‘very high research activity status’’
7 means R1 status, as classified by the Carnegie Classi-
8 fication of Institutions of Higher Education.
9 (7) The term ‘‘very high research activity status
10 indicators’’ means the categories used by the Carnegie
11 Classification of Institutions of Higher Education to
12 delineate which institutions have very high activity
13 status, including—
14 (A) annual expenditures in science and en-
15 gineering;
16 (B) per-capita (faculty member) expendi-
17 tures in science and engineering;
18 (C) annual expenditures in non-science and
19 engineering fields;
20 (D) per-capita (faculty member) expendi-
21 tures in non-science and engineering fields;
22 (E) doctorates awarded in science, tech-
23 nology, engineering, and mathematics fields;
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24 (F) doctorates awarded in social science
25 fields;
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1 (G) doctorates awarded in the humanities;
2 (H) doctorates awarded in other fields with
3 a research emphasis;
4 (I) total number of research staff including
5 postdoctoral researchers;
6 (J) other doctorate-holding non-faculty re-
7 searchers in science and engineering and per-
8 capita (faculty) number of doctorate-level re-
9 search staff including post-doctoral researchers;
10 and
11 (K) other categories utilized to determine
12 classification.
13 SEC. 220. PILOT PROGRAM TO SUPPORT THE DEVELOP-
14 MENT OF PATENTABLE INVENTIONS IN THE
15 DEPARTMENT OF THE NAVY.
16 (a) IN GENERAL.—Beginning not later than 120 days
17 after the date of the enactment of this Act, the Secretary
18 of the Navy shall carry out a pilot program to expand the
19 support available to covered personnel who seek to engage
20 in the development of patentable inventions that—
21 (1) have applicablity to the job-related functions
22 of such personnel; and
23 (2) may have applicability in the civilian sector.
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24 (b) ACTIVITIES.—As part of the pilot program under
25 subsection (a), the Secretary of the Navy shall—
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1 (1) expand outreach to covered personnel regard-
2 ing the availability of patent-related training, legal
3 assistance, and other support for personnel interested
4 in developing patentable inventions;
5 (2) expand the availability of patent-related
6 training to covered personnel, including by making
7 such training available online;
8 (3) clarify and issue guidance detailing how cov-
9 ered personnel, including personnel outside of the lab-
10 oratories and other research organizations of the De-
11 partment of the Navy, may—
12 (A) seek and receive support for the develop-
13 ment of patentable inventions; and
14 (B) receive a portion of any royalty or
15 other payment as an inventor or coinventor such
16 as may be due under section 14(a)(1)(A)(i) of the
17 Stevension-Wylder Technology Innovation Act of
18 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
19 (4) carry out other such activities as the Sec-
20 retary determines appropriate in accordance with the
21 purposes of the pilot program.
22 (c) TERMINATION.—The authority to carry out the
23 pilot program under subsection (a) shall terminate three
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24 years after the date of the enactment of this Act.
25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘covered personnel’’ means mem-
2 bers of the Navy and Marine Corps and civilian em-
3 ployees of the Department of the Navy, including
4 members and employees whose primary duties do not
5 involve research and development.
6 (2) The term ‘‘patentable invention’’ means an
7 invention that is patentable under title 35, United
8 States Code.
9 SEC. 221. PILOT PROGRAM TO FACILITATE THE RESEARCH,
10 DEVELOPMENT, AND PRODUCTION OF AD-
11 VANCED BATTERY TECHNOLOGIES FOR
12 WARFIGHTERS.
13 (a) ESTABLISHMENT.—The Secretary of Defense shall
14 carry out a pilot program to be known as the ‘‘American
15 Sustainable Battery Production Technologies Program’’
16 (referred to in this section as the ‘‘Program’’). Under the
17 Program, the Secretary shall seek to award assistance to
18 eligible entities to facilitate the research, development, and
19 production of electric battery technologies that may be use-
20 ful for defense-related purposes.
21 (b) COORDINATION WITH RELATED PROGRAMS.—The
22 Secretary of Defense shall ensure that activities under the
23 Program are coordinated with—
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1 (1) the Strategic Environmental Research and
2 Development Program under section 2901 of title 10,
3 United States Code; and
4 (2) the Department of Energy.
5 (c) PROGRAM ACTIVITIES.—Under the Program, the
6 Secretary of Defense shall seek to award assistance to eligi-
7 ble entities—
8 (1) to conduct research and development into
9 electric battery technologies and any associated man-
10 ufacturing and production needs;
11 (2) to expand the battery recycling capabilities
12 of the Department of Defense;
13 (3) to reduce the reliance of the Department of
14 Defense on foreign competitors for critical materials
15 and technologies, including rare earth materials; and
16 (4) to transition battery technologies, including
17 technologies developed from other pilot programs, pro-
18 totype projects, or other research and development
19 programs, from the prototyping phase to production.
20 (d) FORM OF ASSISTANCE.—Assistance awarded to an
21 eligible entity under the Program may consist of a grant,
22 a contract, a cooperative agreement, other transaction, or
23 such other form of assistance as the Secretary of Defense
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1 (e) PRIORITY CONSIDERATION.—In awarding assist-
2 ance to eligible entities under the Program, the Secretary
3 of Defense shall give priority to entities that—
4 (1) are located in and operate in the United
5 States, including any manufacturing operations;
6 (2) are owned by a United States entity; and
7 (3) deploy North American-owned intellectual
8 property and content.
9 (f) DATA COLLECTION.—The Secretary of Defense shall
10 collect and analyze data on the Program for the purposes
11 of—
12 (1) developing and sharing best practices for
13 achieving the objectives of the Program;
14 (2) providing information to the Secretary on
15 the implementation of the Program, and related pol-
16 icy issues; and
17 (3) reporting to the congressional defense com-
18 mittees in accordance with subsection (h).
19 (g) TERMINATION.—The Program shall terminate on
20 the date that is six years after the date of the enactment
21 of this Act.
22 (h) REPORTS.—
23 (1) ANNUAL REPORTS.—Not later than one year
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24 after the date of the enactment of this Act and annu-
25 ally thereafter until the date on which the Program
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1 terminates under subsection (g), the Secretary of De-
2 fense shall submit to the appropriate congressional
3 committees a report on the use of funds under the
4 Program. Each report shall include the following:
5 (A) An explanation of whether and to what
6 extent the assistance awarded to eligible entities
7 under the Program met mission requirements
8 during the period covered by the report, includ-
9 ing—
10 (i) the value of the assistance awarded,
11 including the value of each grant, contract,
12 cooperative agreement, other transaction, or
13 other form of assistance; and
14 (ii) a description of the research, tech-
15 nology, or capabilities funded with such as-
16 sistance.
17 (B) A description of any research, tech-
18 nology, or capabilities being tested under the
19 Program as of the date of the report together
20 with an explanation of how the Secretary has
21 applied, or expects to apply, such research, tech-
22 nology, or capabilities within the Department of
23 Defense.
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24 (2) FINAL REPORT.—Not later than one year
25 after the date on which the Program terminates under
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1 subsection (g), the Secretary of Defense shall submit
2 to the appropriate congressional committees a final
3 report on the results of the Program. Such report
4 shall include—
5 (A) a summary of the objectives achieved by
6 the Program; and
7 (B) recommendations regarding the steps
8 that may be taken to promote battery tech-
9 nologies that are not dependent on foreign com-
10 petitors to meet the needs of the Armed Forces.
11 (i) DEFINITIONS.—In this section:
12 (1) The term ‘‘appropriate congressional com-
13 mittees’’ means—
14 (A) the congressional defense committees;
15 (B) the Committee on Energy and Com-
16 merce and the Committee on Science, Space, and
17 Technology of the House of Representatives; and
18 (C) the Committee on Energy and Natural
19 Resources and the Committee on Commerce,
20 Science, and Transportation of the Senate.
21 (2) The term ‘‘eligible entity’’ means a battery
22 producer or other entity involved in the battery pro-
23 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, 2023,
5 the Secretary of the Navy shall establish and carry out a
6 pilot program to offer plant-based protein options at for-
7 ward operating bases for consumption by members of the
8 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 the
18 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 other
23 than contracts and grants under section 4021 of such
24 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 protein
6 options alongside plant-based protein options at naval fa-
7 cilities identified under subsection (b).
8 (e) TERMINATION.—The requirement to carry out the
9 pilot program established under this section shall terminate
10 three years after the date on which the Secretary establishes
11 the pilot program required under this section.
12 (f) REPORT.—Not later than one year after the termi-
13 nation of the pilot program, the Secretary shall submit to
14 the appropriate congressional committees a report on the
15 pilot program that includes the following:
16 (1) The consumption rate of plant-based protein
17 options by members of the Navy under the pilot pro-
18 gram.
19 (2) Effective criteria to increase plant-based pro-
20 tein options at naval facilities not identified under
21 subsection (b).
22 (3) An analysis of the costs of obtaining and
23 storing plant-based protein options compared to the
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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 commit-
4 tees’’ means—
5 (A) the Committee on Armed Services of the
6 House of Representatives; and
7 (B) the Committee on Armed Forces of the
8 Senate.
9 (2) PLANT-BASED PROTEIN OPTIONS.—The term
10 ‘‘plant-based protein options’’ means edible vegan or
11 vegetarian meat alternative products made using
12 plant and other non-livestock-based proteins.
13 Subtitle C—Plans, Reports, and
14 Other Matters
15 SEC. 231. MODIFICATION OF NATIONAL SECURITY STRAT-
16 EGY FOR NATIONAL TECHNOLOGY AND IN-
17 DUSTRIAL BASE.
18 Section 4811(a) of title 10, United States Code, is
19 amended by adding at the end the following new paragraph:
20 ‘‘(12) Providing for the research and develop-
21 ment of sustainable and secure food sources, including
22 food innovation and alternative protein development,
23 in consultation with the Secretary of Agriculture.’’.
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1 SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS AGEN-
2 CY INNOVATION FELLOWSHIP PROGRAM.
3 (a) IN GENERAL.—The Director of the Defense Ad-
4 vanced Research Projects Agency shall develop a plan for
5 the establishment of a fellowship program (to be known as
6 the ‘‘Innovation Fellowship Program’’) to expand opportu-
7 nities for early career scientists to participate in the pro-
8 grams, projects, and other activities of the Agency.
9 (b) ELEMENTS.—In developing the plan under sub-
10 section (a), the Director of the Defense Advanced Research
11 Projects Agency shall—
12 (1) review the programs, projects, and other ac-
13 tivities of the Agency that are open to participation
14 from early career scientists to identify opportunities
15 for the expansion of such participation;
16 (2) conduct an assessment of the potential costs
17 of the fellowship program described in subsection (a);
18 (3) establish detailed plans for the implementa-
19 tion of the fellowship program;
20 (4) define eligibility requirements for partici-
21 pants in the fellowship program;
22 (5) identify criteria for evaluating applicants to
23 the fellowship program; and
24 (6) address such other matters as the Director
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25 determines appropriate.
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1 (c) SUBMITTAL TO CONGRESS.—Not later than 180
2 days after the date of the enactment of this Act, the Director
3 of the Defense Advanced Research Projects Agency shall sub-
4 mit to the congressional defense committee a report that in-
5 cludes—
6 (1) the plan developed under subsection (a); and
7 (2) recommendations for expanding opportuni-
8 ties for early career scientists to participate in the
9 programs, projects, and other activities of the Agency.
10 SEC. 233. REPORT ON EFFORTS TO INCREASE THE PARTICI-
11 PATION OF HISTORICALLY BLACK COLLEGES
12 AND UNIVERSITIES AND OTHER MINORITY-
13 SERVING INSTITUTIONS IN THE RESEARCH
14 AND DEVELOPMENT ACTIVITIES OF THE DE-
15 PARTMENT OF DEFENSE.
16 (a) REPORT REQUIRED.—Not later than 180 days
17 after the date of the enactment of this Act, the Under Sec-
18 retary of Defense for Research and Engineering shall sub-
19 mit to the congressional defense committees a report on
20 measures that may be implemented to increase the partici-
21 pation of historically Black colleges and universities and
22 other minority-serving institutions in the research, develop-
23 ment, test, and evaluation activities of the Department of
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24 Defense.
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1 (b) ELEMENTS.—The report under subsection (a) shall
2 include the following:
3 (1) A strategy for the provision of long-term in-
4 stitutional support to historically Black colleges and
5 universities and other minority-serving institutions,
6 including support for—
7 (A) the development and enhancement of the
8 physical research infrastructure of such institu-
9 tions; and
10 (B) the research activities of such institu-
11 tions.
12 (2) An evaluation of the feasibility of expanding
13 the support provided by the Department of Defense to
14 historically Black colleges and universities and other
15 minority-serving institutions to include support for
16 the development or enhancement of grant and con-
17 tract administration capabilities at such institutions.
18 (3) An evaluation of options to strengthen sup-
19 port for historically Black colleges and universities
20 and other minority-serving institutions within the
21 military departments and other organizations and
22 elements of the Department, including an evaluation
23 of the need for and feasibility of establishing dedi-
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24 cated organizations within the Army, Navy, Marine
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1 Corps, Air Force, and Space Force to increase engage-
2 ment with such institutions.
3 (4) A review of the adequacy of the level of staff-
4 ing within the Department that is dedicated to en-
5 gagement with historically Black colleges and univer-
6 sities and other minority-serving institutions.
7 (5) A plan to improve data collection and eval-
8 uation with respect to historically Black colleges and
9 universities and other minority-serving institutions,
10 including—
11 (A) harmonization of standards with re-
12 spect to the type, detail, and organization of
13 data on such institutions;
14 (B) improving the completeness of data sub-
15 missions regarding such institutions;
16 (C) improving the retention of data on such
17 institutions across the Department;
18 (D) additional data collection specific to
19 such institutions, including data on—
20 (i) the rates at which such institutions
21 submit proposals for grants and contracts
22 from the Department, the success rates of
23 such proposals, and feedback regarding such
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24 proposals;
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1 (ii) the total number of grants and
2 contracts for which such institutions are eli-
3 gible to apply and the number of applica-
4 tions received from such institutions for
5 such grants and contracts; and
6 (iii) formal feedback mechanisms for
7 rejected proposals from first-time applicants
8 from such institutions; and
9 (E) as necessary, promulgation of addi-
10 tional or modified regulations, instructions, or
11 guidance regarding the collection, evaluation,
12 and retention of data on such institutions.
13 (6) Identification of the types of research facili-
14 ties, personnel, capabilities, and subject areas that are
15 in-demand within the Department so that historically
16 Black colleges and universities and other minority-
17 serving institutions may prioritize investment in
18 those types of facilities, personnel, capabilities, and
19 subject areas as appropriate.
20 (7) Identification of metrics that may be used to
21 evaluate, track, and improve the competitiveness of
22 historically Black colleges and universities and other
23 minority-serving institutions for grants and contracts
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24 with the Department.
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1 (8) An evaluation of options to implement cri-
2 teria for the award of grants and contracts that as-
3 sign value to the inclusion of historically Black col-
4 leges and universities and other minority-serving in-
5 stitutions as research partners, including such mecha-
6 nisms as weighted grant solicitation evaluation cri-
7 teria and longer periods of performance to allow for
8 capacity-building within such institutions.
9 (9) An evaluation of options to incentivize the
10 defense industry to support capacity building within
11 historically Black colleges and universities and other
12 minority-serving institutions, including through the
13 incentivization of independent research and develop-
14 ment or other activities.
15 (10) A plan to compile and maintain data re-
16 garding institutions of higher education, including
17 historically Black colleges and universities and other
18 minority-serving institutions, that receive funding
19 from departments and agencies of the Federal Govern-
20 ment outside the Department of Defense.
21 (11) A review of the programs and practices of
22 departments and agencies of the Federal Government
23 outside the Department of Defense relevant to increas-
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24 ing research capacity at historically Black colleges
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1 and universities and other minority-serving institu-
2 tions for purposes of—
3 (A) the potential adoption of best practices
4 within the Department;
5 (B) the identification of opportunities to le-
6 verage the research capacity of such institutions;
7 and
8 (C) increasing the level of collaboration be-
9 tween the Department and such institutions.
10 (12) Recommendations for the modification or
11 expansion of the workforce development programs of
12 the Department to increase the proportion of the
13 workforce hired from historically Black colleges and
14 universities and other minority-serving institutions.
15 (13) Such other recommendations as the Under
16 Secretary of Defense for Research and Engineering
17 determines appropriate.
18 (14) A plan for the implementation of the rec-
19 ommendations included in the report, as appropriate,
20 including an explanation of any additional funding,
21 authorities, or organizational changes needed for the
22 implementation of such recommendations.
23 (c) DEFINITIONS.—In this section:
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24 (1) The term ‘‘historically Black college or uni-
25 versity’’ means a part B institution (as defined in
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1 section 322 of the Higher Education Act of 1965 (20
2 U.S.C. 1061)).
3 (2) The term ‘‘institution of higher education’’
4 has the meaning given that term in section 101 of the
5 Higher Education Act of 1932 (20 U.S.C. 1001).
6 (3) The term ‘‘other minority-serving institu-
7 tion’’ means an institution of higher education speci-
8 fied in paragraphs (2) through (7) of section 371(a)
9 of the Higher Education Act of 1965 (20 U.S.C.
10 1067q(a)).
11 (d) REPORT ON IMPLEMENTATION.—Not later than
12 180 days after the date of the submission of the report under
13 subsection (a), the Under Secretary of Defense for Research
14 and Engineering shall submit to the congressional defense
15 committees a report on the progress of the Under Secretary
16 in implementing measures to increase the participation of
17 historically Black colleges and universities and other mi-
18 nority-serving institutions in the research, development,
19 test, and evaluation activities of the Department of Defense,
20 as identified in the report under subsection (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 as-
6 sess the capacity of the Department of Defense to test, evalu-
7 ate, and qualify the hypersonic capabilities and related
8 technologies of the Department.
9 (b) ELEMENTS.—The assessment under subsection (a)
10 shall include the following:
11 (1) An identification of facilities of other depart-
12 ments and agencies of the Federal Government and
13 academia and industry testing facilities relevant to
14 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 Government,
24 as available.
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25 (4) An analysis of the test frequency, scheduling
26 lead time, test cost, and capacity of each test facility
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1 relating to testing technologies of the Department for
2 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 Department
6 in all phases of hypersonic flight, and other tech-
7 nologies, including sensors, communications, thermal
8 protective shields and materials, optical windows,
9 navigation, and environmental sensors.
10 (6) An assessment of any cost- and time-savings
11 that could result from using technologies identified in
12 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 con-
17 gressional committees a strategy to coordinate the po-
18 tential use of test facilities and ranges of other de-
19 partments and agencies of the Federal Government, as
20 available, and academia, contractor-owned, commer-
21 cial flight and reentry test capabilities to evaluate
22 hypersonic technologies.
23 (2) ELEMENTS.—The strategy under paragraph
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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 the
5 Federal Government, including the National Aer-
6 onautics and Space Administration, to plan for
7 and schedule the potential use of other Federal
8 Government-owned test facilities and ranges, as
9 available, to evaluate the hypersonic technologies
10 of the Department of Defense;
11 (C) to the extent practicable, address in
12 what cases the Secretary can use academia, con-
13 tractor-owned, commercial flight and reentry test
14 capabilities to fill any existing testing require-
15 ment gaps to enhance and accelerate flight quali-
16 fication of critical hypersonic technologies of the
17 Department;
18 (D) identify—
19 (i) the resources needed to improve the
20 frequency and capacity for testing
21 hypersonic technologies of the Department
22 at ground-based test facilities and flight test
23 ranges;
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24 (ii) the resources needed to reimburse
25 other departments and agencies of the Fed-
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1 eral Government for the use of the test fa-
2 cilities and ranges of those departments or
3 agencies to test the hypersonics technologies
4 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 coordina-
10 tion with the heads of the relevant depart-
11 ments and agencies;
12 (iv) investments that the Secretary can
13 make to incorporate academia, contractor-
14 owned, commercial ground and flight
15 testbeds into the overall hypersonic test in-
16 frastructure of the Department of Defense;
17 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-
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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 develop
15 the strategy under paragraph (1) in coordination
16 with the Joint Hypersonic Transition Office, the Ad-
17 ministrator of the National Aeronautics and Space
18 Administration, the research labs of the military de-
19 partments, and the Defense Test Resource Manage-
20 ment Center.
21 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
22 FINED.—The term ‘‘appropriate congressional committees’’
23 means the following:
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24 (1) The congressional defense committees.
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1 (2) The Committee on Science, Space, and Tech-
2 nology of the House of Representatives and the Com-
3 mittee on Commerce, Science, and Transportation of
4 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 with
11 a federally funded research and development center to con-
12 duct an independent review and assessment of the Strategic
13 Plan for Test Resources, as prepared by the Department
14 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-year
18 planning horizon that serves as the basis for the Stra-
19 tegic Plan for Test Resources.
20 (2) An assessment of whether and to what extent
21 prior forecasts of the test and evaluation needs of the
22 Department of Defense align with investments made
23 by the Department in test and evaluation resources.
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24 (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 evalua-
3 tion 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 extent
9 the test and evaluation efforts of the Department suf-
10 ficiently address software-intensive, multi-domain,
11 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 into
16 an agreement with a federally funded research and develop-
17 ment center under subsection (a), the center shall submit
18 to the Secretary and the congressional defense committees
19 a report on the results of the study conducted under such
20 subsection.
21 SEC. 236. STUDY ON COSTS ASSOCIATED WITH UNDERPER-
22 FORMING SOFTWARE AND INFORMATION
23 TECHNOLOGY.
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24 (a) STUDY REQUIRED.—The Secretary of Defense shall
25 seek to enter into a contract with a federally funded re-
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1 search and development center to conduct an independent
2 study on the impacts, and challenges associated with the
3 use of software and information technology, including po-
4 tential 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 de-
9 partment to identify the most important software and
10 information technology challenges that result in lost
11 working hours, including an estimate of the number
12 and cost of lost working hours for each military de-
13 partment, the impact of each challenge on retention,
14 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 processes
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24 through which the Secretary provides software and
25 information technology Departmentwide.
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1 (c) REPORT REQUIRED.—Not later than one year after
2 the date of the enactment of this Act, a federally funded
3 research and development center described in subsection (a)
4 shall submit to the Secretary of Defense and the congres-
5 sional defense committees a report on any independent
6 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 a
16 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) shall
21 include, with respect to each major defense acquisition pro-
22 gram evaluated as part of the study, the following:
23 (1) Identification of the test and evaluation re-
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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 extent
2 such resources are sufficient to meet the needs of the
3 program assuming that test and evaluation resources
4 allocated for other purposes will not be reallocated to
5 support the program in the future.
6 (3) If the test and evaluation resources identified
7 under paragraph (1) are insufficient to meet the
8 needs of the program, an evaluation of the amount of
9 additional funding required to ensure the sufficiency
10 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 iden-
16 tified under paragraph (4) for programs, projects,
17 and activities other than the major defense acquisi-
18 tion 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).
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24 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘covered Armed Force’’ means the
2 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 de-
14 partments, shall submit to the congressional defense com-
15 mittees periodic reports on the distribution of risk across
16 the covered research activities of the Department of Defense.
17 (b) ELEMENTS.—Each report under subsection (a)
18 shall include, with respect to the year covered by the report,
19 the following:
20 (1) A list of all covered research activities of the
21 Department of Defense with each such research activ-
22 ity designated as either—
23 (A) research activity that is lower risk, such
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24 as efforts aimed at the incremental improvement
25 of an existing product; or
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1 (B) research activity that is higher risk,
2 such as efforts aimed at the development of new
3 technology that could disrupt an entire field
4 (commonly referred to as ‘‘disruptive tech-
5 nology’’).
6 (2) An assessment of whether the distribution of
7 covered research activities among the risk categories
8 described in subparagraphs (A) and (B) of paragraph
9 (1) is optimal for serving the needs of the Department
10 of Defense.
11 (3) Such other information as the Secretary of
12 Defense determines appropriate.
13 (c) COVERED RESEARCH ACTIVITY DEFINED.—In this
14 section, the term ‘‘covered research activity’’ means a pro-
15 gram, project, or other activity of the Department of Defense
16 designated as budget activity 1 (basic research), budget ac-
17 tivity 2 (applied research), or budget activity 3 (advanced
18 technology development), as such budget activity classifica-
19 tions are set forth in volume 2B, chapter 5 of the Depart-
20 ment of Defense Financial Management Regulation (DOD
21 7000.14–R).
22 (d) SUBMITTAL OF REPORTS.—
23 (1) IN GENERAL.—The reports required under
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24 subsection (a) shall be submitted as follows:
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1 (A) The first such report shall be submitted
2 by not later than February 1, 2023.
3 (B) A report shall be submitted at the same
4 time as each of the first three reports required
5 under section 118c(e) of title 10, United States
6 Code, after the date of the enactment of this Act.
7 (2) TERMINATION OF REQUIREMENT.—No report
8 shall be required to be submitted under this section
9 after the date of the submittal of the third report
10 under paragraph (1)(B).
11 TITLE III—OPERATION AND
12 MAINTENANCE
13 Subtitle A—Authorization of
14 Appropriations
15 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
16 Funds are hereby authorized to be appropriated for fis-
17 cal year 2023 for the use of the Armed Forces and other
18 activities and agencies of the Department of Defense for ex-
19 penses, not otherwise provided for, for operation and main-
20 tenance, as specified in the funding table in section 4301.
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1 Subtitle B—Energy and
2 Environment
3 SEC. 311. EQUIVALENT AUTHORITY FOR ENVIRONMENTAL
4 RESTORATION PROJECTS AT NATIONAL
5 GUARD TRAINING SITES.
6 (a) CLARIFICATION OF NATIONAL GUARD TRAINING
7 SITES.—Section 2700 of title 10, United States Code, is
8 amended by adding at the end the following new paragraph:
9 ‘‘(4) The term ‘National Guard training site’
10 means a facility or site when used for the training of
11 the National Guard pursuant to chapter 5 of title 32
12 with funds provided by the Secretary of Defense or the
13 Secretary of a military department, without regard
14 to—
15 ‘‘(A) the owner or operator of the facility or
16 site; or
17 ‘‘(B) whether the facility or site is under the
18 jurisdiction of the Department of Defense or a
19 military department.’’.
20 (b) INCLUSION UNDER DEFENSE ENVIRONMENTAL
21 RESTORATION PROGRAM.—Section 2701(a)(1) of such title
22 is amended by inserting ‘‘and at National Guard training
23 sites’’ after ‘‘at facilities under the jurisdiction of the Sec-
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24 retary’’.
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1 (c) RESPONSE ACTIONS AT NATIONAL GUARD TRAIN-
2 ING SITES.—Section 2701(c)(1) of such title is amended by
3 adding at the end the following new subparagraph:
4 ‘‘(D) Each facility or site which was a Na-
5 tional Guard training site at the time of actions
6 leading to contamination by hazardous sub-
7 stances or pollutants or contaminants.’’.
8 (d) TECHNICAL AND CONFORMING AMENDMENTS.—
9 (1) REPEAL OF PROVISION.—Section 2707 of
10 such title is amended by striking subsection (e).
11 (2) REFERENCE UPDATE.—Section 345(f)(1) of
12 the National Defense Authorization Act for Fiscal
13 Year 2022 (Public Law 117–81; 135 Stat. 1646; 10
14 U.S.C. 2715 note) is amended by striking ‘‘facility
15 where military activities are conducted by the Na-
16 tional Guard of a State pursuant to section 2707(e)
17 of title 10, United States Code’’ and inserting ‘‘Na-
18 tional Guard training site, as such term is defined in
19 section 2700 of title 10, United States Code’’.
20 SEC. 312. AMENDMENT TO BUDGETING OF DEPARTMENT OF
21 DEFENSE RELATING TO EXTREME WEATHER.
22 Section 328(a) of the National Defense Authorization
23 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
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24 221 note) is amended—
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1 (1) in paragraph (1), by striking ‘‘; and’’ and
2 inserting a semicolon;
3 (2) in paragraph (2), by striking the period at
4 the end and inserting ‘‘; and’’; and
5 (3) by inserting after paragraph (2) the fol-
6 lowing:
7 ‘‘(3) a calculation of the annual costs to the De-
8 partment for assistance provided to—
9 ‘‘(A) the Federal Emergency Management
10 Agency or Federal land management agencies—
11 ‘‘(i) pursuant to requests for such as-
12 sistance; and
13 ‘‘(ii) approved under the National
14 Interagency Fire Center; and
15 ‘‘(B) any State, Territory, or possession
16 under title 10 or title 32, United States Code, re-
17 garding extreme weather.’’.
18 SEC. 313. PROTOTYPE AND DEMONSTRATION PROJECTS
19 FOR ENERGY RESILIENCE AT CERTAIN MILI-
20 TARY INSTALLATIONS.
21 (a) IN GENERAL.—Each Secretary of a military de-
22 partment shall ensure that covered prototype and dem-
23 onstration projects are conducted at each military installa-
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24 tion designated by that Secretary as an ‘‘Energy Resilience
25 Testbed’’ pursuant to subsection (b).
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1 (b) SELECTION OF MILITARY INSTALLATIONS.—
2 (1) SELECTION.—Not later than 180 days after
3 the date of the enactment of this Act, each Secretary
4 of a military department, in consultation with the
5 Secretary of the Defense, shall—
6 (A) select at least two military installations
7 under the jurisdiction of that Secretary for des-
8 ignation pursuant to paragraph (3); and
9 (B) incorporate the conduct of covered pro-
10 totype and demonstration projects into the mis-
11 sion of each installation so selected.
12 (2) CONSIDERATIONS.—In selecting military in-
13 stallations under paragraph (1), each Secretary of a
14 military department shall, to the extent practicable,
15 take into consideration the following:
16 (A) The mission of the installation.
17 (B) The geographic terrain of the installa-
18 tion and of the community surrounding the in-
19 stallation.
20 (C) The energy resources available to sup-
21 port the installation.
22 (D) Any State or local regulations that
23 apply with respect to public or private utilities
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24 serving the installation.
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1 (E) An assessment of any climate or ex-
2 treme weather risks or vulnerabilities at the in-
3 stallation and the community surrounding the
4 installation.
5 (3) DESIGNATION AS ENERGY RESILIENCE
6 TESTBED.—Each installation selected under para-
7 graph (1) shall be known as an ‘‘Energy Resilience
8 Testbed’’.
9 (c) COVERED TECHNOLOGIES.—Covered prototype and
10 demonstration projects conducted at military installations
11 designated pursuant to subsection (b) shall include the pro-
12 totype and demonstration of technologies in the following
13 areas:
14 (1) Energy storage technologies, including long-
15 duration energy storage systems.
16 (2) Technologies that support electric vehicles or
17 the transition to use of electric vehicles, including
18 with respect to tactical vehicles.
19 (3) Technologies to improve building energy effi-
20 ciency in a cyber-secure manner, such as advanced
21 lighting controls, high-performance cooling systems,
22 and technologies for waste heat recovery.
23 (4) Technologies to improve building energy
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24 management and control in a cyber-secure manner.
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1 (5) Tools and processes for design, assessment,
2 and decision-making on the installation with respect
3 to climate resilience and hazard analysis, energy use,
4 management, and the construction of climate resilient
5 buildings and infrastructure.
6 (6) Carbon sequestration technologies.
7 (7) Technologies relating to on-site resilient en-
8 ergy generation, including advanced geothermal and
9 advanced nuclear technologies.
10 (8) Port electrification and surrounding defense
11 critical infrastructure and related non-Federal infra-
12 structure, including surrounding defense community
13 infrastructure.
14 (d) BRIEFING.—Not later than 180 days after the en-
15 actment of this Act, the Secretary of Defense, in consulta-
16 tion with the Secretaries of the military departments, shall
17 provide to the appropriate congressional committees a brief-
18 ing on the conduct of covered prototype and demonstration
19 projects at each military installation designated pursuant
20 to subsection (b). Such briefing shall include the following:
21 (1) An identification of each military installa-
22 tion so designated.
23 (2) A justification as to why each military in-
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24 stallation so designated was selected for such designa-
25 tion.
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1 (3) A strategy for commencing the conduct of
2 such projects at each military installation so des-
3 ignated by not later than one year after the date of
4 the enactment of this Act.
5 (e) DEADLINE FOR COMMENCEMENT OF PROJECTS.—
6 The Secretary of Defense shall ensure that, beginning not
7 later than one year after the date of the enactment of this
8 Act, covered prototype and demonstration projects are con-
9 ducted at, and such conduct is incorporated into the mis-
10 sion of, each military installation designated pursuant to
11 subsection (b).
12 (f) CONSORTIUMS.—
13 (1) IN GENERAL.—Each Secretary of a military
14 department may enter into a partnership with, or
15 seek to establish, a consortium of industry, academia,
16 and other entities described in paragraph (2) to con-
17 duct covered prototype and demonstration projects at
18 a military installation designated by that Secretary
19 pursuant to subsection (b).
20 (2) CONSORTIUM ENTITIES.—The entities de-
21 scribed in this paragraph are as follows:
22 (A) National laboratories.
23 (B) Industry entities the primary work of
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24 which relates to energy and climate security
25 technologies and business models.
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1 (g) AUTHORITIES.—
2 (1) IN GENERAL.—Covered prototype and dem-
3 onstration projects required under this section may be
4 conducted as part of the program for operational en-
5 ergy prototyping established under section 324(c) of
6 the William M. (Mac) Thornberry National Defense
7 Authorization Act for Fiscal Year 2021 (Public Law
8 116–283; 134 Stat. 3523; 10 U.S.C. 2911 note) (in-
9 cluding by using funds available under the Oper-
10 ational Energy Prototyping Fund established pursu-
11 ant to such section), using the other transactions au-
12 thority under section 4021 or 4022 of title 10, United
13 States Code, or using any other available authority or
14 funding source the Secretary of Defense determines
15 appropriate.
16 (2) FOLLOW-ON PRODUCTION CONTRACTS OR
17 TRANSACTIONS.—Each Secretary of a military de-
18 partment shall ensure that, to the extent practicable,
19 any transaction entered into under the other trans-
20 actions authority under section 4022 of title 10,
21 United States Code, for the conduct of a covered pro-
22 totype and demonstration project under this section
23 shall provide for the award of a follow-on production
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24 contract or transaction pursuant to subsection (f) of
25 such section 4022.
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1 (h) INTERAGENCY COLLABORATION.—In carrying out
2 this section, to the extent practicable, the Secretary of De-
3 fense shall collaborate with the Secretary of Energy and the
4 heads of such other Federal departments and agencies as
5 the Secretary of Defense may determine appropriate, in-
6 cluding by entering into relevant memoranda of under-
7 standing.
8 (i) DEFINITIONS.—In this section:
9 (1) The term ‘‘appropriate congressional com-
10 mittees’’ means—
11 (A) the Committee on Armed Services and
12 the Committee on Energy and Commerce of the
13 House of Representatives; and
14 (B) the Committee on Armed Services and
15 the Committee on Energy and Natural Resources
16 of the Senate.
17 (2) The term ‘‘community infrastructure’’ has
18 the meaning given that term in section 2391(e) of tile
19 10, United States Code.
20 (3) The term ‘‘covered prototype and demonstra-
21 tion project’’ means a project to prototype and dem-
22 onstrate advanced technologies to enhance energy re-
23 silience and climate security at a military installa-
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24 tion.
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1 (4) The term ‘‘military installation’’ has the
2 meaning given that term in section 2867 of title 10,
3 United States Code.
4 SEC. 314. PILOT PROGRAM FOR TRANSITION OF CERTAIN
5 NONTACTICAL VEHICLE FLEETS OF DEPART-
6 MENT OF DEFENSE TO ELECTRIC VEHICLES.
7 (a) IN GENERAL.—The Secretary of Defense, in coordi-
8 nation with the Secretaries of the military departments,
9 and in consultation with the Secretary of Energy, shall
10 carry out a pilot program to facilitate the transition of non-
11 tactical vehicle fleets of the Department of Defense at cer-
12 tain military installations to nontactical vehicle fleets com-
13 prised solely of electric vehicles, including through the
14 maintenance on the installations of charging stations,
15 microgrids, and other covered infrastructure sufficient to
16 cover the energy demand of such fleets.
17 (b) SELECTION OF MILITARY INSTALLATIONS.—
18 (1) SELECTION.—Not later than 180 days after
19 the date of the enactment of this Act, each Secretary
20 of a military department shall—
21 (A) select at least one military installation
22 of each Armed Force under the jurisdiction of
23 that Secretary at which to carry out the pilot
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24 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 the
3 Senate a notification containing an identifica-
4 tion 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 installation.
11 (B) Military installations with other exist-
12 ing covered infrastructure, including charging
13 stations under ownership methods other than
14 those specified in subparagraph (A), on the in-
15 stallation.
16 (C) Military installations located in a geo-
17 graphic region with existing covered infrastruc-
18 ture, including charging stations, proximate to
19 the installation.
20 (D) Military installations with respect to
21 which the Secretary determines the future inclu-
22 sion on the installation of charging stations and
23 other covered infrastructure is feasible and cost
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24 effective given the anticipated need for charging
25 stations to service electric vehicles in the nontac-
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1 tical vehicle fleet at the installation (including
2 those with respect to which the Secretary deter-
3 mines there may be an opportunity to enter into
4 a contract for the third-party charging stations
5 specified in subparagraph (A)).
6 (E) Military installations at which a
7 project authorized under section 2914 of title 10,
8 United States Code, (known as the Energy Resil-
9 ience and Conservation Investment Program)
10 and determined by the Secretary to be relevant
11 to the pilot program has been conducted or is
12 planned to be conducted pursuant to the future-
13 years defense program submitted under section
14 221 of such title.
15 (3) CONSIDERATIONS.—In determining whether
16 a military installation should receive priority pursu-
17 ant to paragraph (2)(D), each Secretary of a military
18 department shall take into account the following:
19 (A) A calculation of existing loads at the
20 installation and the existing capacity of the in-
21 stallation for the charging of electric vehicles, in-
22 cluding (as applicable) light duty trucks.
23 (B) The availability of adequate space for
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24 vehicles awaiting charging during peak usage
25 times, as determined by the Secretary.
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1 (C) Any required upgrades to covered infra-
2 structure on the installation, including electrical
3 wiring, anticipated by the Secretary.
4 (c) TRANSITION PLANS.—
5 (1) IN GENERAL.—Not later than one year after
6 the date on which a Secretary of a military depart-
7 ment submits a notification identifying a military
8 installation under subsection (b)(1), that Secretary
9 shall submit to the Committees on Armed Services of
10 the House of Representatives and the Senate a plan
11 for—
12 (A) the replacement of all vehicles in the
13 nontactical vehicle fleet at the military installa-
14 tion with electric vehicles by January 1, 2025;
15 and
16 (B) the maintenance on the military instal-
17 lation of charging stations and other covered in-
18 frastructure, including a microgrid, that will be
19 sufficient—
20 (i) to cover the anticipated electricity
21 demand of such electric vehicles; and
22 (ii) to improve installation energy re-
23 silience.
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1 (2) ELEMENTS.—Each plan under paragraph
2 (1) shall include, with respect to the military instal-
3 lation covered by the plan, the following:
4 (A) A determination of the type and num-
5 ber of charging stations to include on the instal-
6 lation, taking into account the interoperability
7 of chargers and the potential future needs or ap-
8 plications for chargers, such as vehicle-to-grid or
9 vehicle-to-building applications.
10 (B) A determination of the optimal owner-
11 ship method to provide charging stations on the
12 installation, taking into account the following:
13 (i) Use of Government-owned (pur-
14 chased, installed, and maintained) charging
15 stations.
16 (ii) Use of third-party financed, in-
17 stalled, operated, and maintained charging
18 stations.
19 (iii) Use of financing models in which
20 energy and charging infrastructure oper-
21 ations and maintenance are treated as a
22 service.
23 (iv) Cyber and physical security con-
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24 siderations and best practices associated
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1 with different ownership, network, and con-
2 trol models.
3 (C) A determination of the optimal power
4 source to provide charging stations at the instal-
5 lation, taking into account the following:
6 (i) Transformer and substation re-
7 quirements.
8 (ii) Microgrids and distributed energy
9 to support both charging requirements and
10 energy storage.
11 (3) SOURCE OF SERVICES.—Each Secretary of a
12 military department may use expertise within the
13 military department or enter into a contract with a
14 non-Department of Defense entity to make the deter-
15 minations specified in paragraph (2).
16 (d) FINAL DEADLINE FOR REPLACEMENT.—Beginning
17 not later than January 1, 2025, all vehicles in the nontac-
18 tical vehicle fleet at each military installation selected
19 under subsection (b) shall be electric vehicles.
20 (e) DEFINITIONS.—In this section:
21 (1) The terms ‘‘Armed Forces’’ and ‘‘military de-
22 partments’’ have the meanings given those terms in
23 section 101 of title 10, United States Code.
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1 (2) The term ‘‘charging station’’ means a collec-
2 tion of one or more electric vehicle supply equipment
3 units.
4 (3) The term ‘‘covered infrastructure’’—
5 (A) means infrastructure that the Secretary
6 of Defense determines may be used to—
7 (i) charge electric vehicles, including
8 by transmitting electricity to such vehicles
9 directly; or
10 (ii) support the charging of electric ve-
11 hicles, including by supporting the resil-
12 ience of grids or other systems for delivering
13 energy to such vehicles (such as through the
14 mitigation of grid stress); and
15 (B) includes—
16 (i) charging stations;
17 (ii) batteries;
18 (iii) battery-swapping systems;
19 (iv) microgrids;
20 (v) off-grid charging systems; and
21 (vi) other apparatuses installed for the
22 specific purpose of delivering energy to an
23 electric vehicle or to a battery intended to be
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24 used in an electric vehicle.
25 (4) The term ‘‘electric vehicle’’ includes—
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1 (A) a plug-in hybrid electric vehicle that
2 uses a combination of electric and gas powered
3 engine that can use either gasoline or electricity
4 as a fuel source; and
5 (B) a plug-in electric vehicle that runs sole-
6 ly on electricity and does not contain an inter-
7 nal combustion engine or gas tank.
8 (5) The term ‘‘electric vehicle supply equipment
9 unit’’ means the port that supplies electricity to one
10 vehicle at a time.
11 (6) The term ‘‘microgrid’’ means a group of
12 interconnected loads and distributed energy resources
13 within clearly defined electrical boundaries that acts
14 as a single controllable entity with respect to the grid.
15 (7) The term ‘‘military installation’’ has the
16 meaning given that term in section 2801 of title 10,
17 United States Code.
18 (8) The term ‘‘nontactical vehicle’’ means a vehi-
19 cle other than a tactical vehicle.
20 (9) The term ‘‘tactical vehicle’’ means a motor
21 vehicle designed to military specification, or a com-
22 mercial design motor vehicle modified to military
23 specification, to provide direct transportation support
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24 of combat or tactical operations, or for the training
25 of personnel for such operations.
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1 SEC. 315. PILOT PROGRAM ON USE OF SUSTAINABLE AVIA-
2 TION FUEL.
3 (a) IN GENERAL.—The Secretary of Defense shall con-
4 duct a pilot program at two or more geographically diverse
5 Department of Defense facilities for the use of sustainable
6 aviation fuel. Such program shall be designed to—
7 (1) identify any logistical challenges with respect
8 to the use of sustainable aviation fuel by the Depart-
9 ment of Defense; and
10 (2) explore opportunities for collaboration with
11 nearby commercial airports and sustainable aviation
12 fuel refinery facilities to facilitate such use.
13 (b) SELECTION OF FACILITIES.—
14 (1) SELECTION.—Not later than one year after
15 the date of the enactment of this Act, the Secretary of
16 Defense shall select at least two geographically diverse
17 Department facilities at which to carry out the pilot
18 program. At least one such facility shall be a facility
19 with an onsite refinery that is located in proximity
20 to at least one major commercial airport that is also
21 actively seeking to increase the use of sustainable
22 aviation fuel.
23 (2) NOTICE TO CONGRESS.—Upon the selection
24 of each facility under paragraph (1), the Secretary
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25 shall submit to the Committee on Armed Services and
26 the Committee on Transportation and Infrastructure
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1 of the House of Representatives notice of the selection,
2 including an identification of the facility selected.
3 (c) CERTIFICATION AND USE OF BLENDED SUSTAIN-
4 ABLE AVIATION FUEL.—
5 (1) PLANS.—For each facility selected under sub-
6 section (b), not later than one year after the selection
7 of the facility, the Secretary shall—
8 (A) develop a plan on how to implement, by
9 September 30, 2028, a certification program
10 under which aviation fuel must be certified as
11 blended to contain at least 10 percent sustainable
12 aviation fuel as a requirement for use of the
13 aviation fuel at the facility (in addition to any
14 other fuel certification requirement of the De-
15 partment of Defense or the Armed Forces);
16 (B) submit the plan to the Committee on
17 Armed Services and the Committee on Transpor-
18 tation and Infrastructure of the House of Rep-
19 resentatives; and
20 (C) provide to such Committees a briefing
21 on the plan that includes, at a minimum—
22 (i) a description of any operational,
23 infrastructure, or logistical requirements
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24 and recommendations for the blending, cer-
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1 tification, and use of sustainable aviation
2 fuel; and
3 (ii) a description of any stakeholder
4 engagement in the development of the plan,
5 including any consultations with nearby
6 commercial airport owners or operators.
7 (2) IMPLEMENTATION OF PLANS.—For each facil-
8 ity selected under subsection (b), during the period be-
9 ginning on a date that is not later than September
10 30, 2028, and for five years thereafter, the Secretary
11 shall require, in accordance with the respective plan
12 developed under paragraph (1), the exclusive use at
13 the facility of aviation fuel that has been certified as
14 blended to contain at least 10 percent sustainable
15 aviation fuel.
16 (d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.—
17 Sustainable aviation fuel used under the pilot program
18 shall meet the following criteria:
19 (1) Such fuel shall be produced in the United
20 States from non-food domestic feedstock sources.
21 (2) Such fuel shall constitute drop-in fuel that
22 meets all specifications and performance requirements
23 of the Department of Defense and the Armed Forces.
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24 (e) WAIVER.—The Secretary may waive the require-
25 ment for the exclusive use at the facility of aviation fuel
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1 that has been certified as blended to contain at least 10 per-
2 cent sustainable aviation fuel under the pilot program if
3 the Secretary—
4 (1) determines such use is not feasible due to a
5 lack of domestic availability of sustainable aviation
6 fuel or a national security contingency; and
7 (2) submits to the congressional defense commit-
8 tees notice of such waiver and the reasons for such
9 waiver.
10 (f) FINAL REPORT.—At the conclusion of the pilot pro-
11 gram, the Assistant Secretary of Defense for Energy, Instal-
12 lations, and Environment shall submit to the Committee
13 on Armed Services and the Committee on Transportation
14 and Infrastructure of the House of Representatives a final
15 report on the pilot program. Such report shall include each
16 of the following:
17 (1) An assessment of the effect of using sustain-
18 able aviation fuel on the overall fuel costs of blended
19 fuel.
20 (2) A description of any operational, infrastruc-
21 ture, or logistical requirements and recommendations
22 for the blending, certification, and use of sustainable
23 aviation fuel, with a focus on scaling up military-
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24 wide adoption of such fuel.
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1 (3) Recommendations with respect to how mili-
2 tary installations can leverage proximity to commer-
3 cial airports and other jet fuel consumers to increase
4 the rate of use of sustainable aviation fuel, for both
5 military and non-military use, including potential
6 collaboration on innovative financing or purchasing
7 and shared supply chain infrastructure.
8 (4) A description of the effects on performance
9 and operation aircraft using sustainable aviation fuel
10 including—
11 (A) if used, considerations of various blend-
12 ing ratios and their associated benefits;
13 (B) efficiency and distance improvements of
14 flights fuels using sustainable aviation fuel;
15 (C) weight savings on large transportation
16 aircraft and other types of aircraft with using
17 blended fuel with higher concentrations of sus-
18 tainable aviation fuel;
19 (D) maintenance benefits of using sustain-
20 able aviation fuel, including engine longevity;
21 (E) the effect of the use of sustainable avia-
22 tion fuel on emissions and air quality;
23 (F) the effect of the use of sustainable avia-
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24 tion fuel on the environment and on surrounding
25 communities, including environmental justice
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1 factors that are created by the demand for and
2 use of sustainable aviation fuel by the Depart-
3 ment of Defense; and
4 (G) benefits with respect to job creation in
5 the sustainable aviation fuel production and
6 supply chain.
7 (g) SUSTAINABLE AVIATION FUEL DEFINED.—In this
8 section, the term ‘‘sustainable aviation fuel’’ means liquid
9 fuel that—
10 (1) consists of synthesized hydrocarbon;
11 (2) meets the requirements of—
12 (A) ASTM International Standard D7566
13 (or such successor standard); or
14 (B) the co-processing provisions of ASTM
15 International Standard D1655, Annex A1 (or
16 such successor standard);
17 (3) is derived from biomass (as such term is de-
18 fined in section 45K(c)(3) of the Internal Revenue
19 Code of 1986), waste streams, renewable energy
20 sources, or gaseous carbon oxides;
21 (4) is not derived from palm fatty acid dis-
22 tillates; and
23 (5) conforms to the standards, recommended
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24 practices, requirements and criteria, supporting docu-
25 ments, implementation elements, and any other tech-
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1 nical guidance, for sustainable aviation fuels that are
2 adopted by the International Civil Aviation Organi-
3 zation with the agreement of the United States.
4 SEC. 316. POLICY TO INCREASE DISPOSITION OF SPENT AD-
5 VANCED BATTERIES THROUGH RECYCLING.
6 (a) POLICY REQUIRED.—Not later than one year after
7 the date of the enactment of this Act, the Assistant Secretary
8 of Defense for Energy, Installations, and Environment, in
9 coordination with the Director of the Defense Logistics
10 Agency, shall establish a policy to increase the disposition
11 of spent advanced batteries of the Department of Defense
12 through recycling (including by updating the Department
13 of Defense Manual 4160.21, titled ‘‘Defense Material Dis-
14 position: Disposal Guidance and Procedures’’, or such suc-
15 cessor document, accordingly), for the purpose of supporting
16 the reclamation and return of precious metals, rare earth
17 metals, and elements of strategic importance (such as cobalt
18 and lithium) into the supply chain or strategic reserves of
19 the United States.
20 (b) CONSIDERATIONS.—In developing the policy under
21 subsection (a), the Assistant Secretary shall consider, at a
22 minimum, the following recycling methods:
23 (1) Pyroprocessing.
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24 (2) Hydroprocessing.
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1 (3) Direct cathode recycling, relithiation, and
2 upcycling.
3 SEC. 317. GUIDANCE AND TARGET DEADLINE RELATING TO
4 FORMERLY USED DEFENSE SITES PROGRAMS.
5 (a) GUIDANCE RELATING TO SITE PRIORITIZATION.—
6 The Assistant Secretary of Defense for Energy, Installa-
7 tions, and Environment shall issue guidance setting forth
8 how, in prioritizing sites for activities funded under the
9 ‘‘Environmental Restoration Account, Formerly Used De-
10 fense Sites’’ account established under section 2703(a)(5) of
11 title 10, United States Code, the Assistant Secretary shall
12 weigh the relative risk or other factors between Installation
13 Restoration Program sites and Military Munitions Re-
14 sponse Program sites.
15 (b) TARGET DEADLINE FOR MILITARY MUNITIONS RE-
16 SPONSE PROGRAM.—The Assistant Secretary of Defense for
17 Energy, Installations, and Environment shall establish a
18 target deadline for the completion of the cleanup of all Mili-
19 tary Munitions Response Program sites.
20 SEC. 318. BUDGET INFORMATION FOR ALTERNATIVES TO
21 BURN PITS.
22 The Secretary of Defense shall include in the budget
23 materials submitted to Congress in support of the Depart-
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24 ment of Defense budget for fiscal year 2024 (as submitted
25 with the budget of the President for such fiscal year under
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1 section 1105(a) of title 31, United States Code) a dedicated
2 budget line item for incinerators and waste-to-energy waste
3 disposal alternatives to burn pits.
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 re-
10 quirement under subsection (e), the Secretary of the
11 Navy, in cooperation with the Director of the Defense
12 Logistics Agency, shall complete the defueling of the
13 Red Hill Bulk Fuel Storage Facility by not later
14 than December 31, 2023.
15 (2) REPORT.—Not later than December 31, 2022,
16 the Secretary of the Navy shall submit to the congres-
17 sional defense committees, and make publicly avail-
18 able on an appropriate website of the Department of
19 Defense, a report on the status of the defueling of the
20 Red Hill Bulk Fuel Storage Facility.
21 (b) COMPLIANCE WITH APPLICABLE LAWS.—The Sec-
22 retary of the Navy, in coordination with the Administrator
23 of the Environmental Protection Agency and the State of
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24 Hawaii, shall plan for and implement the defueling of the
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1 Red Hill Bulk Fuel Facility in a manner that complies
2 with all applicable laws.
3 (c) MITIGATION PLAN.—
4 (1) IN GENERAL.—Not later than one year after
5 the date of the enactment of this Act, the Secretary of
6 the Navy shall make publicly available an unclassi-
7 fied report containing the plan of the Secretary for
8 actions to be taken to mitigate the impacts caused by
9 releases at the Red Hill Bulk Fuel Storage Facility,
10 together with cost estimates for such actions.
11 (2) BRIEFING.—Not later than one year after the
12 date of the enactment of this Act, the Secretary of the
13 Navy shall provide to the congressional defense com-
14 mittees a briefing on the actions and cost estimates
15 included in the plan required under paragraph (1).
16 (d) OVERSIGHT REQUIREMENTS.—
17 (1) REVIEW.—Not later than 30 days after the
18 date of the enactment of this Act, the Secretary of De-
19 fense shall seek to enter into an agreement with an
20 appropriate independent entity under which the enti-
21 ty agrees to conduct a review of the defueling process
22 for the Red Hill Bulk Fuel Storage Facility.
23 (2) REPORTING REQUIREMENTS.—An agreement
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24 entered into under paragraph (1) shall provide that
25 the non-Department of Defense entity shall produce
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1 and make publicly available, by not later than 30
2 days after the completion of the defueling of the Red
3 Hill Bulk Fuel Storage Facility, an unclassified re-
4 port on the defueling process.
5 (e) CERTIFICATION REQUIREMENT.—The Secretary of
6 the Navy may not begin the process of defueling the Red
7 Hill Bulk Storage Facility before the date on which the Sec-
8 retary of Defense submits to the congressional defense com-
9 mittees certification that such defueling would not adversely
10 affect the ability of the Department of Defense to provide
11 fuel to support military operations in the area of responsi-
12 bility of the United States Indo-Pacific Command.
13 (f) WAIVER.—
14 (1) IN GENERAL.—The Secretary of Defense may
15 waive the deadline under subsection (a)(1) for a pe-
16 riod of not more than 180 days if the Secretary sub-
17 mits to the congressional defense committees certifi-
18 cation in writing that—
19 (A) the Red Hill Bulk Fuel Storage Facility
20 cannot be defueled safely and in an environ-
21 mentally sound manner before the deadline; or
22 (B) the State of Hawaii Department of
23 Health objects to the defueling of the Facility.
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24 (2) EXTENSIONS.—The Secretary may extend a
25 waiver issued under paragraph (1) if the Secretary
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1 submits to the congressional defense committees an
2 additional certification described in paragraph (1)
3 and a justification for the extension of the waiver.
4 SEC. 332. ACTIVITIES PRIOR TO DECOMMISSIONING OF RED
5 HILL BULK STORAGE FACILITY.
6 (a) LIMITATION.—None of the funds authorized to be
7 appropriated by this Act or otherwise made available for
8 the Department of Defense for fiscal year 2023 may be obli-
9 gated or expended to permanently close the Red Hill Bulk
10 Fuel Storage Facility until the date that is one year after
11 the date on which the Secretary of Defense, in consultation
12 with the Commander of United States Indo-Pacific Com-
13 mand, submits to the congressional defense committees—
14 (1) the report required under subsection (b); and
15 (2) certification that—
16 (A) a fuel capacity that is equivalent to the
17 capacity provided by the Red Hill Bulk Fuel
18 Storage Facility has been added to the fuel ca-
19 pacity of United States Indo-Pacific Command;
20 and
21 (B) the bulk fuel requirements of United
22 States Indo-Pacific Command have been fully
23 programmed for funding in the five fiscal years
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24 following the year in which the certification is
25 submitted.
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1 (b) REPORT REQUIRED.—
2 (1) IN GENERAL.—Not later than one year after
3 the date of the enactment of this Act, the Secretary of
4 the Defense shall submit to the congressional defense
5 committees a report on the costs associated with re-
6 placing the Red Hill Bulk Fuel Storage Facility.
7 (2) ELEMENTS.—The report required by para-
8 graph (1) shall include each of the following:
9 (A) Detailed plans for how the Department
10 of Defense will replicate the aggregate bulk fuel
11 storage capacity of the Red Hill Bulk Fuel Stor-
12 age Facility throughout the Indo-Pacific region,
13 including on United States territories and pos-
14 sessions, as appropriate, in both steady state and
15 in a major conflict lasting not less than 180
16 days, including through the use of—
17 (i) fleet oilers;
18 (ii) fuel bladders;
19 (iii) above ground storage facilities;
20 and
21 (iv) hardened storage facilities.
22 (B) An identification of—
23 (i) any additional costs to the Depart-
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24 ment of acquiring or building the assets
25 planned to replicate such fuel storage capac-
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1 ity and of obtaining any required environ-
2 mental approvals to operate such assets;
3 and
4 (ii) the timelines associated with ac-
5 quiring or building such assets and obtain-
6 ing such approvals.
7 (C) An analysis of the relative surviv-
8 ability, reliability, risks, and any advantages as-
9 sociated with the assets planned to replicate such
10 fuel storage capacity, including any changes nec-
11 essary for the operational plans of the Depart-
12 ment compared to such operational plans as in
13 effect when the Red Hill Bulk Fuel Storage Fa-
14 cility was operational.
15 (D) An identification of the cost to the De-
16 partment of maintaining the Red Hill Bulk Fuel
17 Storage Facility in an empty but rapidly
18 reconstitutable state.
19 (E) Any other matters the Secretary of the
20 Defense considers relevant.
21 (c) RULE OF CONSTRUCTION.—Nothing in this section
22 shall be construed to affect the authority of the Secretary
23 of Defense or the Secretary of the Navy to conduct any of
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24 the following at Red Hill Bulk Fuel Storage Facility:
25 (1) Defueling activities.
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1 (2) Remedial investigations.
2 (3) Site or safety inspections.
3 (4) Feasibility studies.
4 (5) Safety related repairs.
5 (6) Monitoring.
6 (7) Transferring of fuel.
7 (8) Maintenance and sustainment activities.
8 SEC. 333. LIMITATION ON USE OF FUNDS PENDING AWARD
9 OF CERTAIN PROJECTS AND IMPLEMENTA-
10 TION OF CERTAIN RECOMMENDATIONS.
11 Of the funds authorized to be appropriated by this Act
12 or otherwise made available for fiscal year 2023 for oper-
13 ations and maintenance, Navy, Administration line item,
14 Line 440, not more than 25 percent may be obligated or
15 expended until the date on which the Secretary of the Navy
16 certifies to the congressional defense committees that the
17 Navy has awarded the projects listed within Chapter 8.1.1,
18 Table 8-1, and implemented the recommendation listed as
19 D1 within Appendix A.1 and Appendix A.2, of the docu-
20 ment prepared by Simpson Gumpertz & Heger Inc, entitled
21 ‘‘Final Assessment Report: Assessment of Red Hill Under-
22 ground Fuel Storage Facility Pearl Harbor, Hawaii’’ and
23 dated April 29, 2022.
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1 SEC. 334. PLACEMENT OF SENTINEL OR MONITORING
2 WELLS IN PROXIMITY TO RED HILL BULK
3 FUEL FACILITY.
4 (a) IN GENERAL.—Not later than April 1, 2023, the
5 Secretary of Defense, in coordination with the Director of
6 the United States Geological Survey and the Administrator
7 of the Environmental Protection Agency, shall submit to the
8 congressional defense committees a report on the placement
9 of sentinel or monitoring wells in proximity to the Red Hill
10 Bulk Fuel Facility for the purpose of monitoring and track-
11 ing the movement of fuel that has escaped the Facility. Such
12 report shall include—
13 (1) the number and location of new wells that
14 have been established during the 12-month period pre-
15 ceding the date of the submission of the report;
16 (2) an identification of the wells proposed to be
17 established by the aquifer recovery working group;
18 (3) an analysis of the need for any wells not rec-
19 ommended by the aquifer recovery working group;
20 (4) the proposed number and location of any
21 such additional wells; and
22 (5) the priority level of each proposed well based
23 on—
24 (A) the optimal locations for new wells; and
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25 (B) the capability of a proposed well to as-
26 sist in monitoring and tracking the movement of
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1 fuel toward the Halawa shaft, the Halawa Well,
2 and the Aiea Well.
3 (b) QUARTERLY BRIEFINGS.—Not later than 30 days
4 after the submission of the report under subsection (a), and
5 every 90 days thereafter for 12 months, the Secretary of De-
6 fense shall provide to the congressional defense committees
7 a briefing on the progress of the Department toward install-
8 ing the wells described in paragraphs (2) and (3) of sub-
9 section (a).
10 SEC. 335. REPORT ON DEPARTMENT OF DEFENSE EFFORTS
11 TO TRACK HEALTH IMPLICATIONS OF FUEL
12 LEAKS AT RED HILL BULK FUEL FACILITY.
13 (a) IN GENERAL.—Not later than 90 days after the
14 date of the enactment of this Act, the Secretary of Defense,
15 in consultation with the Director of the Centers for Disease
16 Control and Prevention and the Administrator of the Envi-
17 ronmental Protection Agency, shall submit to the appro-
18 priate congressional committees a report on the efforts of
19 the Secretary to appropriately track the health implications
20 of fuel leaks from the Red Hill Bulk Fuel Facility for mem-
21 bers of the Armed Forces and their dependents, including
22 members and dependents from each Armed Force, including
23 the Coast Guard. The report shall include each of the fol-
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24 lowing:
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1 (1) A plan to coordinate with the Centers for
2 Disease Control and Prevention to align with the en-
3 vironmental health assessment and monitoring efforts
4 of the Centers.
5 (2) A description of any potential benefits of co-
6 ordinating and sharing data with the State of Ha-
7 waii Department of Health.
8 (3) An analysis of the extent to which data from
9 the State of Hawaii Department of Health and data
10 from other non-Department of Defense sources can
11 and should be used in any long-term health study re-
12 lating to fuel leaks from the Red Hill Bulk Fuel Fa-
13 cility.
14 (4) A description of the potential health implica-
15 tions of contaminants, including fuel, found in the
16 drinking water distribution system at the Red Hill
17 Bulk Fuel Facility during testing after the fuel leaks
18 that occurred in May and November 2021.
19 (5) A description of any contaminants, includ-
20 ing fuel, detected in the water during the 12-month
21 period preceding the fuel leak that occurred in No-
22 vember 2021.
23 (6) A description of any potential benefits of
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24 broadening the tracing window to include indications
25 of contaminants, including fuel, in the drinking
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1 water supply at the Red Hill Bulk Fuel Facility be-
2 fore May 2021.
3 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In
4 this section, the term ‘‘appropriate congressional commit-
5 tees’’ means—
6 (1) the congressional defense committees;
7 (2) the Committee on Energy and Commerce of
8 the House of Representatives; and
9 (3) the Committee on Energy and Natural Re-
10 sources of the Senate.
11 SEC. 336. STUDIES RELATING TO WATER NEEDS OF THE
12 ARMED FORCES ON OAHU.
13 (a) STUDY ON FUTURE WATER NEEDS OF OAHU.—
14 (1) IN GENERAL.—Not later than July 31, 2023,
15 the Secretary of the Defense, in coordination with the
16 Honolulu Board of Water Supply, shall conduct a
17 study on how the Department of Defense can best ad-
18 dress the future water needs on the island of Oahu for
19 the Armed Forces. Such study shall include consider-
20 ation of—
21 (A) the construction of a new water treat-
22 ment plant or plants;
23 (B) the construction of a new well for use
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24 by members of the Armed Forces and the civilian
25 population;
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1 (C) the construction of a new well for the
2 exclusive use of members of the Armed Forces;
3 (D) transferring ownership and operation of
4 existing Department of Defense utilities to a mu-
5 nicipality or existing publicly owned utility;
6 (E) conveying the Navy utilities to the
7 Honolulu Board of Water Supply, with consider-
8 ation; and
9 (F) any other water solutions the Secretary
10 determines appropriate.
11 (2) COORDINATION.—In carrying out the study
12 under paragraph (1), the Secretary shall coordinate
13 with the State of Hawaii, the Honolulu Board of
14 Water Supply, the Secretary of the Department in
15 which the Coast Guard is operating, the Adminis-
16 trator of the Environmental Protection Agency, and
17 any other individual or entity the Secretary deter-
18 mines appropriate.
19 (b) HYDROLOGICAL STUDY.—
20 (1) IN GENERAL.—Not later than July 31, 2023,
21 the Secretary of Defense shall enter into an agreement
22 with the Administrator of the Environmental Protec-
23 tion Agency and the Director of the United States Ge-
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24 ological Survey, in consultation with the State of Ha-
25 waii, to perform a study to model the groundwater
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1 flow in the area surrounding the Red Hill Bulk Fuel
2 Storage Facility. The model shall be designed to—
3 (A) seek to improve the understanding of
4 the direction and rate of groundwater flow and
5 dissolved constituent migration within the
6 aquifers around the facility;
7 (B) reflect site specific data, including
8 available data of the heterogeneous subsurface
9 geologic system; and
10 (C) address any previously identified defi-
11 ciencies in existing groundwater flow models.
12 (2) DEADLINE FOR COMPLETION.—The study
13 under paragraph (1) shall be completed by not later
14 than one year after the date of the enactment of this
15 Act.
16 (c) REPORT; BRIEFING.—
17 (1) IN GENERAL.—Upon completion of the stud-
18 ies under subsections (a) and (b), the Secretary
19 shall—
20 (A) submit to the appropriate congressional
21 committees a report on the findings of the stud-
22 ies; and
23 (B) provide to such committees a briefing
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24 on such findings.
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1 (2) APPROPRIATE CONGRESSIONAL COMMIT-
2 TEES.—In this subsection, the term ‘‘appropriate con-
3 gressional committees’’ means—
4 (A) the congressional defense committees;
5 (B) the Committee on Transportation and
6 Infrastructure and the Committee on Energy
7 and Commerce of the House of Representatives;
8 and
9 (C) the Committee on Commerce, Science,
10 and Transportation and the Committee on Envi-
11 ronment and Public Works of the Senate.
12 SEC. 337. STUDY ON ALTERNATIVE USES FOR RED HILL
13 BULK FUEL FACILITY.
14 (a) STUDY REQUIRED.—
15 (1) IN GENERAL.—Not later than 30 days after
16 the date of the enactment of this Act, the Secretary of
17 Defense shall seek to enter into an agreement with a
18 federally funded research and development center that
19 meets the criteria specified in paragraph (2) under
20 which such center will conduct a study to determine
21 the range of feasible alternative Department of De-
22 fense uses for the Red Hill Bulk Fuel Facility and
23 provide to the Secretary a report on the findings of
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24 the study. The conduct of such study shall include—
25 (A) engagement with stakeholders;
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1 (B) a review of historical alternative uses of
2 facilities with similar characteristics; and
3 (C) such other modalities as determined
4 necessary to appropriately identify alternative
5 use options, including data and information col-
6 lected from various stakeholders and through site
7 visits to physically inspect the facility.
8 (2) CRITERIA FOR FFRDC.—The federally funded
9 research and development center with which the Sec-
10 retary seeks to enter into an agreement under para-
11 graph (1) shall meet the following criteria:
12 (A) A primary focus on studies and anal-
13 ysis.
14 (B) A record of conducting research and
15 analysis using a multidisciplinary approach.
16 (C) Demonstrated specific competencies
17 in—
18 (i) life cycle cost-benefit analysis;
19 (ii) military facilities and how such
20 facilities support missions; and
21 (iii) the measurement of environmental
22 impacts.
23 (D) A strong reputation for publishing pub-
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1 (b) COST-BENEFIT ANALYSIS.—An agreement entered
2 into pursuant to subsection (a) shall specify that the study
3 conducted under the agreement will include a cost-benefit
4 analysis of the feasible Department of Defense alternative
5 uses considered under the study. Such cost-benefit analysis
6 shall cover each of the following for each such alternative
7 use:
8 (1) The design and construction costs.
9 (2) Life-cycle costs, including the operation and
10 maintenance costs of operating the facility, such as
11 annual operating costs, predicted maintenance costs,
12 and any disposal costs at the end of the useful life of
13 the facility.
14 (3) Any potential military benefits.
15 (4) Any potential benefits for the local economy,
16 including any potential employment opportunities for
17 members of the community.
18 (5) A determination of environmental impact
19 analysis requirements.
20 (6) The effects of the use on future mitigation ef-
21 forts.
22 (7) Any additional factors determined to be rel-
23 evant by the federally funded research and develop-
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24 ment center in consultation with the Secretary.
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1 (c) DEADLINE FOR COMPLETION.—An agreement en-
2 tered into pursuant to subsection (a) shall specify that the
3 study conducted under the agreement shall be completed by
4 not later than February 1, 2024.
5 (d) BRIEFING.—Upon completion of a study conducted
6 under an agreement entered into pursuant to subsection (a),
7 the Secretary shall provide to the Committees on Armed
8 Services of the Senate and House of Representatives a brief-
9 ing on the findings of the study.
10 (e) PUBLIC AVAILABILITY.—
11 (1) FFRDC.—An agreement entered into pursu-
12 ant to subsection (a) shall specify that the federally
13 funded research and development center shall make an
14 unclassified version of the report provided to the Sec-
15 retary publicly available on an appropriate website of
16 the center.
17 (2) DEPARTMENT OF DEFENSE.—Upon receipt of
18 such report, the Secretary shall make an unclassified
19 version of the report publicly available on an appro-
20 priate website of the Department of Defense.
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1 Subtitle D—Treatment of
2 Perfluoroalkyl Substances and
3 Polyfluoroalkyl Substances
4 SEC. 341. PRIZES FOR DEVELOPMENT OF NON-PFAS-CON-
5 TAINING TURNOUT GEAR.
6 Section 330 of the National Defense Authorization Act
7 for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3528;
8 10 U.S.C. 2661 note prec.) is amended—
9 (1) in subsection (a)—
10 (A) by striking ‘‘of a non-PFAS-con-
11 taining’’ and inserting ‘‘of the following:’’
12 ‘‘(1) A non-PFAS-containing’’; and
13 (B) by adding at the end the following new
14 paragraph:
15 ‘‘(2) Covered personal protective firefighting
16 equipment that does not contain an intentionally
17 added perfluoroalkyl substance or polyfluoroalkyl sub-
18 stance.’’; and
19 (2) by amending subsection (f) to read as follows:
20 ‘‘(f) DEFINITIONS.—In this section:
21 ‘‘(1) The term ‘perfluoroalkyl substance’ means a
22 man-made chemical of which all of the carbon atoms
23 are fully fluorinated carbon atoms.
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24 ‘‘(2) The term ‘polyfluoroalkyl substance’ means
25 a man-made chemical containing at least one fully
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1 fluorinated carbon atom and at least one non-fully
2 fluorinated carbon atom.
3 ‘‘(3) The term ‘covered personal protective fire-
4 fighting equipment’’ means the following:
5 ‘‘(A) Turnout gear jacket or coat.
6 ‘‘(B) Turnout gear pants.
7 ‘‘(C) Turnout coveralls.
8 ‘‘(D) Any other personal protective fire-
9 fighting equipment, as determined by the Sec-
10 retary of Defense, in consultation with the Ad-
11 ministrator of the United States Fire Adminis-
12 tration.’’.
13 SEC. 342. MODIFICATION TO RESTRICTION ON DEPART-
14 MENT OF DEFENSE PROCUREMENT OF CER-
15 TAIN ITEMS CONTAINING
16 PERFLUOROOCTANE SULFONATE OR
17 PERFLUOROOCTANOIC ACID.
18 (a) MODIFICATION.—Section 333 of the William M.
19 (Mac) Thornberry National Defense Authorization Act for
20 Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3531,
21 10 U.S.C. 3063 note) is amended—
22 (1) in the section heading, by striking
23 ‘‘PERFLUOROOCTANE SULFONATE OR
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24 PERFLUOROOCTANOIC ACID’’ and inserting
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1 ‘‘PERFLUOROALKYL SUBSTANCES OR
2 POLYFLUOROALKYL SUBSTANCES’’;
3 (2) in subsection (a), by striking
4 ‘‘perfluorooctane sulfonate (PFOS) or
5 perfluorooctanoic acid (PFOA)’’ and inserting ‘‘any
6 perfluoroalkyl substance or polyfluoroalkyl substance’’;
7 and
8 (3) by amending subsection (b) to read as fol-
9 lows:
10 ‘‘(b) DEFINITIONS.—In this section:
11 ‘‘(1) The term ‘covered item’ means the following:
12 ‘‘(A) Nonstick cookware or food service ware
13 for use in galleys or dining facilities.
14 ‘‘(B) Food packaging materials.
15 ‘‘(C) Cleaning products, including floor
16 waxes.
17 ‘‘(D) Carpeting.
18 ‘‘(E) Rugs, curtains, and upholstered fur-
19 niture.
20 ‘‘(F) Sunscreen.
21 ‘‘(G) Shoes and clothing for which treat-
22 ment with a perfluoroalkyl substance or
23 polyfluoroalkyl substance is not necessary for an
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24 essential function.
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1 ‘‘(2) The term ‘perfluoroalkyl substance’ means a
2 man-made chemical of which all of the carbon atoms
3 are fully fluorinated carbon atoms.
4 ‘‘(3) The term ‘polyfluoroalkyl substance’ means
5 a man-made chemical containing at least one fully
6 fluorinated carbon atom and at least one
7 nonfluorinated carbon atom.’’.
8 (b) REPORTS ON PROCUREMENT OF CERTAIN ITEMS
9 WITHOUT INTENTIONALLY ADDED PERFLUOROALKYL SUB-
10 STANCES OR POLYFLUOROALKYL SUBSTANCES.—Not later
11 than 270 days after the date of the enactment of this Act,
12 and annually thereafter, the Secretary of Defense shall sub-
13 mit to the Committees on Armed Services of the House of
14 Representatives and the Senate a report containing a de-
15 tailed description of the following:
16 (1) Steps taken to identify covered items with
17 any intentionally added perfluoroalkyl substance or
18 polyfluoroalkyl substance procured by the Department
19 of Defense.
20 (2) Steps taken to identify covered items without
21 any intentionally added perfluoroalkyl substance or
22 polyfluoroalkyl substance, and the vendors of such
23 covered items, for procurement by the Department.
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24 (3) Steps taken to limit the procurement by the
25 Department of covered items with any intentionally
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1 added perfluoroalkyl substance or polyfluoroalkyl sub-
2 stance.
3 (4) Planned steps of the Department to limit the
4 procurement of items with any intentionally added
5 perfluoroalkyl substance or polyfluoroalkyl substance.
6 (c) DEFINITIONS.—In this section:
7 (1) The term ‘‘covered item’’ includes the fol-
8 lowing:
9 (A) Nonstick cookware or food service ware
10 for use in galleys or dining facilities.
11 (B) Food packaging materials.
12 (C) Cleaning products, including floor
13 waxes.
14 (D) Carpeting.
15 (E) Rugs, curtains, and upholstered fur-
16 niture.
17 (F) Sunscreen.
18 (G) Shoes and clothing for which treatment
19 with a perfluoroalkyl substance or
20 polyfluoroalkyl substance is not necessary for an
21 essential function.
22 (H) Such other items as may be determined
23 by the Secretary of Defense.
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24 (2) The terms ‘‘perfluoroalkyl substance’’ and
25 ‘‘polyfluoroalkyl substance’’ have the meaning given
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1 such terms in section 333 of the William M. (Mac)
2 Thornberry National Defense Authorization Act for
3 Fiscal Year 2021 (Public Law 116–283; 134 Stat.
4 3531, 10 U.S.C. 3063 note), as amended by subsection
5 (a).
6 SEC. 343. PROHIBITION ON PURCHASE BY DEPARTMENT OF
7 DEFENSE OF FIREFIGHTING EQUIPMENT
8 CONTAINING PER- AND POLYFLUOROALKYL
9 SUBSTANCES.
10 (a) PROHIBITION ON PROCUREMENT.—Except as pro-
11 vided in subsection (d), beginning October 1, 2025, the Sec-
12 retary of Defense may not enter into any contract for the
13 purchase of personal protective firefighting equipment for
14 use by firefighters of the Department of Defense if such
15 equipment contains a per- or polyfluoroalkyl substance.
16 (b) IMPLEMENTATION.—The Secretary of Defense shall
17 include the prohibition under subsection (a) in any contract
18 for the purchase of personal protective firefighting equip-
19 ment for use by firefighters of the Department of Defense.
20 (c) SAVINGS CLAUSE.—Nothing in this section shall be
21 construed—
22 (1) to require the Secretary of Defense to test any
23 piece of covered personal protective firefighting equip-
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24 ment to confirm the absence of per- and
25 polyfluoroalkyl substances; or
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1 (2) to affect existing inventories of personal pro-
2 tective firefighting equipment.
3 (d) LACK OF AVAILABILITY.—
4 (1) IN GENERAL.—If the Secretary of Defense de-
5 termines that equipment described in paragraph (2)
6 is not available for purchase by the Department of
7 Defense, the requirement under subsection (a) shall
8 not apply until such date as the Secretary determines
9 that such equipment is available for purchase.
10 (2) EQUIPMENT DESCRIBED.—The equipment de-
11 scribed in this paragraph is personal protective fire-
12 fighting equipment that—
13 (A) does not contain a per- or
14 polyfluoroalkyl substance;
15 (B) meets every applicable standard for per-
16 sonal protective firefighting equipment (other
17 than a standard specifically relating to per- or
18 polyfluoroalkyl substances); and
19 (C) is at least as protective as current per-
20 sonal protective firefighting equipment con-
21 taining a per- or polyfluoroalkyl substance.
22 SEC. 344. STANDARDS FOR RESPONSE ACTIONS WITH RE-
23 SPECT TO PFAS CONTAMINATION.
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24 (a) IN GENERAL.—In conducting a response action to
25 address perfluoroalkyl or polyfluoroalkyl substance con-
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1 tamination from Department of Defense or National Guard
2 activities, the Secretary of Defense shall conduct such ac-
3 tions to achieve a level of such substances in the environ-
4 mental media that meets or exceeds the most stringent of
5 the following standards for each applicable covered PFAS
6 substance in any environmental media:
7 (1) A State standard, as described in section
8 121(d)(2)(A)(ii) of the Comprehensive Environmental
9 Response, Compensation, and Liability Act of 1980
10 (42 U.S.C. 9621(d)(2)(A)(ii)), that is in effect in the
11 State in which the response action is being conducted,
12 regardless of whether any agency has made a deter-
13 mination under section 300.400(g) of title 40, Code of
14 Federal Regulations, with respect to such standard for
15 purposes of the response action.
16 (2) A Federal standard, as described in section
17 121(d)(2)(A)(i) of the Comprehensive Environmental
18 Response, Compensation, and Liability Act of 1980
19 (42 U.S.C. 9621(d)(2)(A)(i)).
20 (3) A health advisory under section
21 1412(b)(1)(F) of the Safe Drinking Water Act (42
22 U.S.C. 300g–1(b)(1)(F)).
23 (b) DEFINITIONS.—In this section:
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24 (1) The term ‘‘covered PFAS substance’’ means
25 any of the following:
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1 (A) Perfluorononanoic acid (PFNA).
2 (B) Perfluorooctanoic acid (PFOA).
3 (C) Perfluorohexanoic acid (PFHxA).
4 (D) Perfluorooctane sulfonic acid (PFOS).
5 (E) Perfluorohexane sulfonate (PFHxS).
6 (F) Perfluorobutane sulfonic acid (PFBS).
7 (G) Perfluoroheptanoic acid (PFHpA).
8 (H) Perfluorodecanoic acid (PFDA).
9 (I) Fluorotelomer sulfonamide betaine.
10 (2) The term ‘‘response action’’ means an action
11 taken pursuant to section 104 of the Comprehensive
12 Environmental Response, Compensation, and Liabil-
13 ity Act of 1980 (42 U.S.C. 9604).
14 (c) SAVINGS CLAUSE.—Except with respect to the spe-
15 cific level required to be met under subsection (a), nothing
16 in this section affects the application of the Comprehensive
17 Environmental Response, Compensation, and Liability Act
18 of 1980 (42 U.S.C. 9601 et seq.).
19 SEC. 345. LIST OF CERTAIN PFAS USES DEEMED ESSENTIAL;
20 BRIEFINGS ON DEPARTMENT OF DEFENSE
21 PROCUREMENT OF CERTAIN ITEMS CON-
22 TAINING PFOS OR PFOA.
23 (a) LIST OF PFAS USES DEEMED ESSENTIAL.—Not
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24 later than June 1, 2023, the Secretary of Defense shall sub-
25 mit to the Committees on Armed Services of the House of
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1 Representatives and the Senate a list of each known use
2 of per- or polyfluoroalkyl substances that the Secretary has
3 deemed an essential use for which use of a replacement sub-
4 stance is impossible or impracticable. For each use so listed,
5 the Secretary shall—
6 (1) identify why the use is essential; and
7 (2) provide a brief explanation as to why such
8 replacement is impossible or impracticable, as the
9 case may be.
10 (b) ANNUAL BRIEFINGS.—Not later than 270 days
11 after the date of the enactment of this Act, and annually
12 thereafter, the Secretary of Defense shall provide to the
13 Committees on Armed Services of the House of Representa-
14 tives and the Senate a briefing that includes a description
15 of each of the following:
16 (1) Steps taken to identify covered items pro-
17 cured by the Department of Defense that contain
18 perfluorooctane sulfonate (PFOS) or perfluorooctanoic
19 acid (PFOA).
20 (2) Steps taken to identify products and vendors
21 of covered items that do not contain PFOS or PFOA.
22 (3) Steps taken to limit the procurement by the
23 Department of covered items that contain PFOS or
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24 PFOA.
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1 (4) Steps the Secretary intends to take to limit
2 the procurement of covered items that contain PFOS
3 or PFOA.
4 (c) COVERED ITEM DEFINED.—In this section, the
5 term ‘‘covered item’’ means—
6 (1) nonstick cookware or cooking utensils for use
7 in galleys or dining facilities; and
8 (2) upholstered furniture, carpets, and rugs that
9 have been treated with stain-resistant coatings.
10 Subtitle E—Logistics and
11 Sustainment
12 SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATE-
13 RIEL READINESS METRICS AND OBJECTIVES
14 FOR MAJOR DEFENSE ACQUISITION PRO-
15 GRAMS.
16 (a) IN GENERAL.—Section 118 of title 10, United
17 States Code, is amended:
18 (1) in subsection (d)(2), by striking ‘‘objectives’’
19 and inserting ‘‘objectives, such as infrastructure,
20 workforce, or supply chain considerations’’;
21 (2) redesignating subsection (e) as subsection (f);
22 and
23 (3) inserting after subsection (d) the following
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24 new subsection (e):
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1 ‘‘(e) FUNDING ESTIMATES.—Not later than five days
2 after the date on which the Secretary of Defense submits
3 to Congress the materials in support of the budget of the
4 President for a fiscal year, the Director of Cost Assessment
5 and Performance Evaluation shall submit to the congres-
6 sional defense committees a comprehensive estimate of the
7 funds necessary to meet the materiel readiness objectives re-
8 quired by subsection (c) through the period covered by the
9 most recent future-years defense program. At a minimum,
10 the Director shall provide, for each major weapon system,
11 by designated mission design series, variant, or class, a
12 comprehensive estimate of the funds necessary to meet such
13 objectives that—
14 ‘‘(1) have been obligated by subactivity group
15 within the operation and maintenance accounts for
16 the second fiscal year preceding the budget year;
17 ‘‘(2) the Director estimates will have been obli-
18 gated by subactivity group within the operation and
19 maintenance accounts by the end of the fiscal year
20 preceding the budget year; and
21 ‘‘(3) have been budgeted and programmed across
22 the future years defense program within the operation
23 and maintenance accounts by subactivity group.’’.
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24 (b) PHASED IMPLEMENTATION.—The Director of Cost
25 Assessment and Performance Evaluation, may meet the re-
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1 quirements of subsection (e) of section 118 of title 10,
2 United States Code, as added by subsection (a), through a
3 phased submission of the funding estimates required under
4 such subsection. In conducting a phased implementation,
5 the Director shall ensure that—
6 (1) for the budget request for fiscal year 2024,
7 funding estimates are provided for a representative
8 sample by military department of at least one-third
9 of the major weapon systems;
10 (2) for the budget request for fiscal year 2025,
11 funding estimates are provided for an additional one-
12 third of the major weapon systems; and
13 (3) full implementation for all major weapons
14 systems is completed not later than five days after the
15 date on which the Secretary of Defense submits to
16 Congress the materials in support of the budget of the
17 President for fiscal year 2026.
18 SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MOD-
19 ERNIZATION OF NAVAL VESSELS.
20 (a) ANNUAL PLAN.—Section 231 of title 10, United
21 States Code, is amended—
22 (1) in the heading, by inserting ‘‘, mainte-
23 nance, and modernization’’ after ‘‘construc-
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24 tion’’;
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1 (2) by redesignating subsections (d) through (f)
2 as subsections (e) through (g), respectively;
3 (3) by inserting after subsection (c) the following
4 new subsection:
5 ‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MOD-
6 ERNIZATION OF NAVAL VESSELS.—In addition to the plan
7 included under subsection (a)(1), the Secretary of Defense
8 shall include with the defense budget materials for a fiscal
9 year each of the following:
10 ‘‘(1) A plan for the maintenance and moderniza-
11 tion of naval vessels that includes the following:
12 ‘‘(A) A forecast of the maintenance and
13 modernization requirements for both the naval
14 vessels in the inventory of the Navy and the ves-
15 sels required to be delivered under the naval ves-
16 sel construction plan under subsection (a)(1).
17 ‘‘(B) A description of the initiatives of the
18 Secretary of the Navy to ensure that activities
19 key to facilitating the maintenance and mod-
20 ernization of naval vessels (including with re-
21 spect to increasing workforce and industrial base
22 capability and capacity, shipyard level-loading,
23 and facility improvements) receive sufficient
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24 resourcing, and are including in appropriate
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1 planning, to facilitate the requirements specified
2 in subparagraph (A).
3 ‘‘(2) A certification by the Secretary that both
4 the budget for that fiscal year and the future-years de-
5 fense program submitted to Congress in relation to
6 such budget under section 221 of this title provide for
7 funding for the maintenance and modernization of
8 naval vessels at a level that is sufficient for such
9 maintenance and modernization in accordance with
10 the plan under paragraph (1).’’; and
11 (4) in subsection (f), as redesignated by para-
12 graph (2), by inserting ‘‘ and the plan and certifi-
13 cation under subsection (d)’’ after ‘‘subsection (a)’’.
14 (b) CLERICAL AMENDMENT.—The table of sections at
15 the beginning of chapter 9 of title 10, United States Code,
16 is amended by striking the item relating to section 231 and
17 inserting the following new item:
‘‘231. Budgeting for construction, maintenance, and modernization of naval ves-
sels: annual plan and certification.’’.
18 SEC. 353. INDEPENDENT STUDY RELATING TO FUEL DIS-
19 TRIBUTION LOGISTICS ACROSS UNITED
20 STATES INDO-PACIFIC COMMAND.
21 (a) STUDY.—Not later than the 30 days after the date
22 of the enactment of this Act, the Secretary of Defense shall
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23 seek to enter into a contract with a federally funded re-
24 search and development center to conduct a study on fuel
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1 distribution logistics in the area of responsibility of the
2 United States Indo-Pacific Command.
3 (b) CRITERIA FOR FFRDC.—The federally funded re-
4 search and development center with which the Secretary
5 seeks to enter into an contract under subsection (a) shall
6 meet the following criteria, as determined by the Secretary:
7 (1) A primary focus on the conduct of studies
8 and analysis.
9 (2) A demonstrated record of conducting research
10 and analysis using a multidisciplinary approach.
11 (3) A strong reputation for publishing publicly
12 releasable analysis to inform public debate.
13 (c) ELEMENTS.—The study conducted pursuant to sub-
14 section (a) shall include, with respect to the area of respon-
15 sibility of the United States Indo-Pacific Command, the fol-
16 lowing:
17 (1) An evaluation of the vulnerabilities associ-
18 ated with the production, refinement, and distribu-
19 tion of fuel by the Armed Forces during periods of
20 conflict and in contested logistics environments with-
21 in the area, including with respect to the capability
22 of the Armed Forces to sustain operational flights by
23 aircraft and joint force distributed operations.
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24 (2) An assessment of potential adversary capa-
25 bilities to disrupt such fuel distribution in the area
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1 through a variety of means, including financial
2 means, cyber means, and conventional kinetic attacks.
3 (3) An assessment of any gaps in the capability
4 or capacity of inter- or intra-theater fuel distribution,
5 including any gaps relating to storage, transfer plat-
6 forms, manning for platforms, command and control,
7 or fuel handling.
8 (4) An evaluation of the positioning of defense
9 fuel support points in the area, including with respect
10 to operational suitability and vulnerability to a vari-
11 ety of kinetic threats.
12 (5) An assessment of the readiness of allies and
13 partners of the United States to support the supply,
14 storage, and distribution of fuel by the Armed Forces
15 in the area, including a review of any relevant secu-
16 rity cooperation agreements entered into between the
17 United States and such allies and partners.
18 (6) An assessment of potential actions to miti-
19 gate any vulnerabilities identified pursuant to the
20 study.
21 (d) REPORT.—
22 (1) SUBMISSION TO SECRETARY OF DEFENSE.—
23 (A) IN GENERAL.—The Secretary of Defense
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24 shall require, as a term of any contract entered
25 into with a federally funded research and devel-
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1 opment center to conduct a study pursuant to
2 subsection (a), that not later than one year after
3 the date of entering into such contract, the feder-
4 ally funded research and development center
5 shall submit to the Secretary a report containing
6 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 Sec-
14 retary shall submit to the appropriate congressional
15 committees a copy of such report, submitted without
16 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
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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 Subtitle F—Matters Relating to De-
5 pots and Ammunition Produc-
6 tion Facilities
7 SEC. 361. BUDGETING FOR DEPOT AND AMMUNITION PRO-
8 DUCTION FACILITY MAINTENANCE AND RE-
9 PAIR: ANNUAL REPORT.
10 Chapter 9 of title 10, United States Code, is amended
11 by adding at the end the following new section (and con-
12 forming the table of sections at the beginning of such chap-
13 ter accordingly):
14 ‘‘§ 239d. Budgeting for depot and ammunition produc-
15 tion facility maintenance and repair: an-
16 nual report
17 ‘‘(a) ANNUAL REPORT.—The Secretary of Defense, in
18 coordination with the Secretaries of the military depart-
19 ments, shall include with the defense budget materials for
20 each fiscal year a report regarding the maintenance and
21 repair of covered facilities.
22 ‘‘(b) ELEMENTS.—Each report required under sub-
23 section (a) shall include, at a minimum, the following
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24 (disaggregated by military department):
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1 ‘‘(1) With respect to each of the three fiscal years
2 preceding the fiscal year covered by the defense budget
3 materials with which the report is included, revenue
4 data for that fiscal year for the maintenance, repair,
5 and overhaul workload funded at all the depots of the
6 military department.
7 ‘‘(2) With respect to the fiscal year covered by
8 the defense budget materials with which the report is
9 included and each of the two fiscal years prior, an
10 identification of the following:
11 ‘‘(A) The amount of appropriations budg-
12 eted for that fiscal year for depots, further
13 disaggregated by the type of appropriation.
14 ‘‘(B) The amount budgeted for that fiscal
15 year for working-capital fund investments by the
16 Secretary of the military department for the cap-
17 ital budgets of the covered depots of the military
18 department, shown in total and further
19 disaggregated by whether the investment relates
20 to the efficiency of depot facilities, work environ-
21 ment, equipment, equipment (non-capital invest-
22 ment program), or processes.
23 ‘‘(C) The total amount required to be in-
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24 vested by the Secretary of the military depart-
25 ment for that fiscal year for the capital budgets
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1 of covered depots pursuant to section 2476(a) of
2 this title.
3 ‘‘(D) A comparison of the budgeted amount
4 identified under subparagraph (B) with the total
5 required amount identified under subparagraph
6 (C).
7 ‘‘(E) For each covered depot of the military
8 department, of the total required amount identi-
9 fied under subparagraph (C), the percentage of
10 such amount allocated, or projected to be allo-
11 cated, to the covered depot for that fiscal year.
12 ‘‘(3) For each covered facility of the military de-
13 partment, the following:
14 ‘‘(A) Information on the average facility
15 condition, average critical facility condition, res-
16 toration and maintenance project backlog, and
17 average equipment age, including a description
18 of any changes in such metrics from previous
19 years.
20 ‘‘(B) Information on the status of the imple-
21 mentation at the covered facility of the plans
22 and strategies of the Department of Defense re-
23 lating to covered facility improvement, includ-
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24 ing, as applicable, the implementation of the
25 strategy required under section 359 of the Na-
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1 tional Defense Authorization Act for Fiscal Year
2 2020 (Public Law 116–92; 133 Stat. 1323; 10
3 U.S.C. 2460 note).
4 ‘‘(c) DEFINITIONS.—In this section:
5 ‘‘(1) The term ‘ammunition production facility’
6 means an ammunition organic industrial base pro-
7 duction facility.
8 ‘‘(2) The terms ‘budget’ and ‘defense budget ma-
9 terials’ have the meaning given those terms in section
10 234 of this title.
11 ‘‘(3) The term ‘covered depot’ has the meaning
12 given that term in section 2476 of this title.
13 ‘‘(4) The term ‘covered facility’ means a covered
14 depot or an ammunition production facility.’’.
15 SEC. 362. EXTENSION OF AUTHORIZATION OF DEPOT WORK-
16 ING CAPITAL FUNDS FOR UNSPECIFIED
17 MINOR MILITARY CONSTRUCTION.
18 Section 2208(u)(4) of title 10, United States Code, is
19 amended by striking ‘‘2023’’ and inserting ‘‘2025’’.
20 SEC. 363. MODIFICATION TO MINIMUM CAPITAL INVEST-
21 MENT FOR CERTAIN DEPOTS.
22 (a) MODIFICATION.—Section 2476 of title 10, United
23 States Code, is amended—
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24 (1) in subsection (a)—
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1 (A) by striking ‘‘six’’ and inserting ‘‘eight’’;
2 and
3 (B) by adding at the end the following new
4 sentence: ‘‘Of such total amount required to be
5 invested, an amount equal to not less than two
6 percent of such average total for the preceding
7 three fiscal years shall be invested from funds
8 authorized for Facilities Sustainment, Restora-
9 tion, and Modernization activities of the mili-
10 tary department.’’; and
11 (2) in subsection (b), by inserting ‘‘ including
12 through the rebuilding of property following the end
13 of the economic useful life of the property and the res-
14 toration of property or equipment to like-new condi-
15 tion,’’ after ‘‘operations,’’;
16 (3) by redesignating subsections (c) through (e)
17 as subsections (d) through (f); and
18 (4) by inserting after subsection (b) the following
19 new subsection:
20 ‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS.—
21 In identifying amounts to invest pursuant to the require-
22 ment under subsection (a), the Secretary of a military de-
23 partment shall comply with all applicable requirements of
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24 sections 129 and 129a of this title.’’.
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1 (b) CONFORMING AMENDMENT.—Section 2861(b) of
2 such title is amended by striking ‘‘subsection (e) of section
3 2476’’ and inserting ‘‘subsection (f) of section 2476’’.
4 (c) APPLICABILITY.—The amendments made by sub-
5 section (a) shall apply with respect to fiscal years beginning
6 on or after October 1, 2023.
7 SEC. 364. CONTINUATION OF REQUIREMENT FOR BIENNIAL
8 REPORT ON CORE DEPOT-LEVEL MAINTE-
9 NANCE AND REPAIR.
10 (a) IN GENERAL.—Section 1080(a) of the National De-
11 fense Authorization Act for Fiscal Year 2016 (Public Law
12 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply
13 to the report required to be submitted to Congress under
14 section 2464(d) of title 10, United States Code.
15 (b) CONFORMING REPEAL.—Section 1061(c) of the Na-
16 tional Defense Authorization Act for Fiscal Year 2017 (Pub-
17 lic Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 note) is
18 amended by striking paragraph (45).
19 SEC. 365. CONTINUATION OF REQUIREMENT FOR ANNUAL
20 REPORT ON FUNDS EXPENDED FOR PER-
21 FORMANCE OF DEPOT-LEVEL MAINTENANCE
22 AND REPAIR WORKLOADS.
23 (a) IN GENERAL.—Section 1080(a) of the National De-
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24 fense Authorization Act for Fiscal Year 2016 (Public Law
25 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply
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1 to the report required to be submitted to Congress under
2 section 2466(d) of title 10, United States Code.
3 (b) CONFORMING REPEAL.—Section 1061(c) of the Na-
4 tional Defense Authorization Act for Fiscal Year 2017 (Pub-
5 lic Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 note) is
6 amended by striking paragraph (46).
7 SEC. 366. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT
8 AND AMMUNITION PRODUCTION FACILITY IN-
9 FRASTRUCTURE.
10 (a) FIVE-YEAR PLANS REQUIRED.—Concurrent with
11 the submission to Congress of the budget of the President
12 for each of fiscal years 2024, 2025, 2026, 2027, and 2028
13 pursuant to section 1105(a) of title 31, United States Code,
14 each Secretary of a military department shall submit to
15 the congressional defense committees a report containing a
16 description of the plan of that Secretary to improve depot
17 and ammunition production facility infrastructure during
18 the five fiscal years following the fiscal year for which such
19 budget is submitted, with the objective of ensuring that all
20 covered facilities have the capacity and capability to sup-
21 port the readiness and material availability goals of current
22 and future weapon systems of the Department of Defense.
23 (b) ELEMENTS.—Each plan required pursuant to sub-
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24 section (a) shall include, with respect to the depots and am-
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1 munition production facilities of the military department
2 for which the plan is submitted, the following:
3 (1) A comprehensive review of the conditions and
4 performance of each covered facility, including the fol-
5 lowing:
6 (A) An assessment of the current status of
7 the following elements:
8 (i) Cost and schedule performance of
9 the covered facility.
10 (ii) Material availability of weapon
11 systems supported at the covered facility
12 and the impact of the performance of the
13 covered facility on that availability.
14 (iii) Work in progress and non-oper-
15 ational items awaiting covered facility
16 maintenance.
17 (iv) The condition of the covered facil-
18 ity.
19 (v) The backlog of restoration and
20 modernization projects at the covered facil-
21 ity.
22 (vi) The condition of equipment at the
23 covered facility.
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24 (vii) The vulnerability of the covered
25 facility to adverse environmental conditions
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1 and, if necessary, the investment required to
2 withstand those conditions.
3 (B) With respect to the five-year period cov-
4 ered by the plan, an identification of the major
5 lines of effort, milestones, and specific goals over
6 such period to address the elements specified in
7 subparagraph (A) and a description of how such
8 goals serve the long-term strategies of the Depart-
9 ment of Defense relating to covered facility im-
10 provement, including, as applicable, the strategy
11 required under section 359 of the National De-
12 fense Authorization Act for Fiscal Year 2020
13 (Public Law 116–92; 133 Stat. 1323; 10 U.S.C.
14 2460 note).
15 (2) The estimated costs of necessary depot and
16 ammunition production facility improvements and a
17 description of how such costs would be addressed by
18 the Department of Defense budget request submitted
19 during the same year as the plan and the applicable
20 future-years defense program.
21 (3) Information regarding the plan of the Sec-
22 retary of the military department to initiate such en-
23 vironmental and engineering studies as may be nec-
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24 essary to carry out planned depot and ammunition
25 production facility improvements.
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1 (4) Detailed information regarding how depot
2 improvement projects and ammunition production fa-
3 cility improvement projects will be paced and
4 sequenced to ensure continuous operations.
5 (c) INCORPORATION OF RESULTS-ORIENTED MANAGE-
6 MENT PRACTICES.—Each plan required pursuant to sub-
7 section (a) shall incorporate the leading results-oriented
8 management practices identified in the report of the Comp-
9 troller General of the United States titled ‘‘Actions Needed
10 to Improve Poor Conditions of Facilities and Equipment
11 that Affect Maintenance Timeliness and Efficiency’’ (GAO–
12 19–242), or any successor report, including—
13 (1) analytically based goals;
14 (2) results-oriented metrics;
15 (3) the identification of required resources, risks,
16 and stakeholders; and
17 (4) regular reporting on progress to decision-
18 makers.
19 (d) DEFINITIONS.—In this section:
20 (1) The term ‘‘ammunition production facility’’
21 means an ammunition organic industrial base pro-
22 duction facility.
23 (2) The term ‘‘covered depot’’ has the meaning
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24 given that term in section 2476 of title 10, United
25 States Code.
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1 (3) The term ‘‘covered facility’’ means a covered
2 depot or an ammunition production facility.
3 SEC. 367. CLARIFICATION OF CALCULATION FOR CERTAIN
4 WORKLOAD CARRYOVER OF DEPARTMENT OF
5 ARMY.
6 For purposes of calculating the amount of workload
7 carryover with respect to the depots and arsenals of the De-
8 partment of the Army, the Secretary of Defense shall au-
9 thorize the Secretary of the Army to use a calculation for
10 such carryover that applies a material end of period exclu-
11 sion.
12 Subtitle G—Reports
13 SEC. 371. ANNUAL REPORTS BY DEPUTY SECRETARY OF DE-
14 FENSE ON ACTIVITIES OF JOINT SAFETY
15 COUNCIL.
16 Section 184(k) of title 10, United States Code is
17 amended—
18 (1) by striking ‘‘REPORT.—The Chair’’ and in-
19 serting ‘‘REPORTS.—(1) The Chair’’; and
20 (2) by adding at the end the following new para-
21 graph:
22 ‘‘(2) Not later than December 31, 2022, and on an an-
23 nual basis thereafter, the Deputy Secretary of Defense shall
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24 submit to the congressional defense committees a report con-
25 taining—
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1 ‘‘(A) a summary of the goals and priorities of
2 the Deputy Secretary for the year following the date
3 of the submission of the report with respect to the ac-
4 tivities of the Council; and
5 ‘‘(B) an assessment by the Deputy Secretary of
6 the activities of the Council carried out during the
7 year preceding the date of such submission.’’.
8 SEC. 372. QUARTERLY REPORTS ON EXPENDITURES FOR
9 ESTABLISHMENT OF FUEL DISTRIBUTION
10 POINTS IN INDOPACOM AREA OF RESPONSI-
11 BILITY.
12 (a) QUARTERLY REPORTS REQUIRED.—The Com-
13 mander of United States Indo-Pacific Command shall sub-
14 mit to the congressional defense committees quarterly re-
15 ports on the use of the funds described in subsection (c) until
16 the date on which all such funds are expended.
17 (b) CONTENTS OF REPORT.—Each report required
18 under subsection (a) shall include an expenditure plan for
19 the establishment of fuel distribution points in the area of
20 responsibility of United States Indo-Pacific Command re-
21 lating to the defueling and closure of the Red Hill Bulk
22 Fuel Storage Facility.
23 (c) FUNDS DESCRIBED.—The funds described in this
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24 subsection are the amounts authorized to be appropriated
25 or otherwise made available for fiscal year 2023 for Mili-
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1 tary Construction, Defense-wide for Planning and Design
2 for United States Indo-Pacific Command.
3 Subtitle H—Other Matters
4 SEC. 381. ACCOUNTABILITY FOR MILITARY WORKING DOGS.
5 (a) IN GENERAL.—Chapter 50 of title 10, United
6 States Code, is amended by adding at the end the following
7 new section (and conforming the table of sections at the be-
8 ginning of such chapter accordingly):
9 ‘‘§ 995. Accountability for military working dogs
10 ‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CON-
11 TRACTORS.—
12 ‘‘(1) REQUIREMENT.—The Secretary of Defense
13 shall require that each covered contractor submit to
14 the Under Secretary of Defense (Comptroller), on an
15 annual basis for the contract period, a report con-
16 taining an identification of—
17 ‘‘(A) the number of military working dogs
18 that are in the possession of the covered con-
19 tractor and located outside of the continental
20 United States in support of a military oper-
21 ation, if any; and
22 ‘‘(B) the primary location of any such mili-
23 tary working dogs.
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24 ‘‘(2) GUIDANCE.—The Under Secretary of De-
25 fense (Comptroller) shall issue guidance on the an-
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1 nual reporting requirement under paragraph (1) for
2 purposes of carrying out this section.
3 ‘‘(b) ANNUAL REPORT TO CONGRESS.—Not later than
4 March 1, 2023, and on an annual basis thereafter, the Sec-
5 retary of Defense shall submit to the congressional defense
6 a committees a report on the implementation of this section.
7 ‘‘(c) COVERED CONTRACTOR DEFINED.—The term
8 ‘covered contractor’ means a contractor of the Department
9 of Defense the contract of which the Secretary determines
10 involves military working dogs.’’.
11 (b) APPLICABILITY.—The amendments made by sub-
12 section (a) shall apply with respect to contracts entered into
13 on or after the date of the enactment of this Act.
14 (c) DEADLINE FOR GUIDANCE.—Not later than 180
15 days after the date of the enactment of this Act, the Under
16 Secretary of Defense (Comptroller) shall issue the guidance
17 specified in section 995(a)(2) of title 10, United States
18 Code, as added by subsection (a).
19 (d) REGULATIONS TO PROHIBIT ABANDONMENT.—Not
20 later than 2 years after the date of the enactment of this
21 Act, the Secretary of Defense shall issue regulations to pro-
22 hibit the abandonment of military working dogs used in
23 support of a military operation outside of the continental
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24 United States.
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1 SEC. 382. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY
2 COUNCIL.
3 Section 184(b)(1) of title 10, United States Code, is
4 amended—
5 (1) by redesignating subparagraph (D) as sub-
6 paragraph (E); and
7 (2) by inserting after subparagraph (C) the fol-
8 lowing new subparagraph:
9 ‘‘(D) During periods in which the Coast Guard
10 is not operating as a service in the Department of the
11 Navy, an officer of the Coast Guard, appointed by the
12 Secretary of Homeland Security.’’.
13 SEC. 383. REQUIREMENT OF SECRETARY OF DEFENSE TO
14 REIMBURSE STATE COSTS OF FIGHTING CER-
15 TAIN WILDLAND FIRES.
16 (a) REQUIREMENT.—Section 2691(d) of title 10,
17 United States Code, is amended by striking ‘‘may’’ and in-
18 serting ‘‘shall’’.
19 (b) APPLICABILITY.—The amendment made by sub-
20 section (a) shall apply with respect to any lease, permit,
21 license, or other grant of access that the Secretary of Defense
22 enters into, or grants, on or after the date of the enactment
23 of this Act.
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1 SEC. 384. EXPANDED CONSULTATION IN TRAINING OF NA-
2 TIONAL GUARD PERSONNEL ON WILDFIRE
3 RESPONSE.
4 Section 351 of the National Defense Authorization Act
5 for Fiscal Year 2018 (Public Law 115–91) is amended by
6 inserting ‘‘and the National Interagency Fire Center’’ after
7 ‘‘Bureau’’.
8 SEC. 385. INTERAGENCY COLLABORATION AND EXTENSION
9 OF PILOT PROGRAM ON MILITARY WORKING
10 DOGS AND EXPLOSIVES DETECTION.
11 (a) EXTENSION OF PILOT PROGRAM.—Section 381(b)
12 of the National Defense Authorization Act for Fiscal Year
13 2022 (Public Law 117–81; 135 Stat. 1672; 10 U.S.C. 3062
14 note) is amended by striking ‘‘2024’’ and inserting ‘‘2025’’.
15 (b) REVIEW OF RESEARCH EFFORTS OF DEPARTMENT
16 OF DEFENSE AND DEPARTMENT OF HOMELAND SECU-
17 RITY.—
18 (1) REVIEW.—The Secretary of Defense, in co-
19 ordination with the Secretary of Homeland Security,
20 shall conduct a review of the recent and ongoing re-
21 search, testing, and evaluation efforts of the Depart-
22 ment of Defense and the Department of Homeland Se-
23 curity, respectively, regarding explosives detection
24 working dogs.
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25 (2) MATTERS.—The review under paragraph (1)
26 shall include an analysis of the following:
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1 (A) Any recent or ongoing research efforts of
2 the Department of Defense or the Department of
3 Homeland Security, respectively, relating to ex-
4 plosives detection working dogs, and any simi-
5 larities between such efforts.
6 (B) Any recent or ongoing veterinary re-
7 search efforts of the Department of Defense or the
8 Department of Homeland Security, respectively,
9 relating to working dogs, canines, or other areas
10 that may be relevant to the improvement of the
11 breeding, health, performance, or training of ex-
12 plosives detection working dogs.
13 (C) Any research areas relating to explo-
14 sives detection working dogs in which there is a
15 need for ongoing research but no such ongoing
16 research is being carried out by either the Sec-
17 retary of Defense or the Secretary of Homeland
18 Security, particularly with respect to the health,
19 domestic breeding, and training of explosives de-
20 tection working dogs.
21 (D) How the recent and ongoing research ef-
22 forts of the Department of Defense and the De-
23 partment of Homeland Security, respectively,
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24 may improve the domestic breeding of working
25 dogs, including explosives detection working
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1 dogs, and the health outcomes and performance
2 of such domestically bred working dogs, includ-
3 ing through coordination with academic or in-
4 dustry partners with experience in research re-
5 lating to working dogs.
6 (E) Potential opportunities for the Sec-
7 retary of Defense to collaborate with the Sec-
8 retary of Homeland Security on research relat-
9 ing to explosives detection working dogs.
10 (F) Any research partners of the Depart-
11 ment of Defense or the Department of Homeland
12 Security, or both, that may be beneficial in as-
13 sisting with the research efforts and areas de-
14 scribed in this subsection.
15 (c) PLAN REQUIRED.—Not later than 180 days of the
16 date of the enactment of this Act, the Secretary of Defense
17 shall submit to the congressional defense committees a plan
18 for the Secretary of Defense to collaborate, as appropriate,
19 with the Secretary of Homeland Security on research relat-
20 ing to explosives detection working dogs and other relevant
21 matters. Such plan shall include the following:
22 (1) An analysis of potential opportunities for
23 collaboration between the Secretary of Defense and the
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24 Secretary of Homeland Security on the research ef-
25 forts and areas described in subsection (a)(2).
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1 (2) An identification of specific programs or
2 areas of research for such collaboration.
3 (3) An identification of any additional agree-
4 ments or authorities necessary for the Secretaries to
5 carry out such collaboration.
6 (4) An identification of additional funding nec-
7 essary to carry out such collaboration.
8 (5) An analysis of potential coordination on the
9 research efforts and areas described in subsection
10 (a)(2) with academic and industry partners with ex-
11 perience in research relating to working dogs, includ-
12 ing an identification of potential opportunities for
13 such coordination in carrying out the collaboration
14 described in paragraph (1).
15 (6) A proposed timeline for the Secretary of De-
16 fense to engage in such collaboration, including spe-
17 cific proposed deadlines.
18 (7) Any other matters the Secretary of Defense
19 considers appropriate.
20 (d) EXPLOSIVES DETECTION WORKING DOG.—In this
21 section, the term ‘‘explosives detection working dog’’ means
22 a canine that, in connection with the work duties of the
23 canine performed for a Federal department or agency, is
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24 certified and trained to detect odors indicating the presence
25 of explosives in a given object or area, in addition to the
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1 performance of such other duties for the Federal department
2 or agency as may be assigned.
3 SEC. 386. ESTABLISHMENT OF ARMY AND AIR FORCE SAFE-
4 TY COMMANDS; IMPLEMENTATION OF ACCI-
5 DENT INVESTIGATION RECOMMENDATIONS.
6 (a) SAFETY COMMANDS.—
7 (1) ARMY SAFETY COMMAND.—
8 (A) ESTABLISHMENT.—Not later than 180
9 days after the date of the enactment of this Act,
10 the Secretary of the Army shall establish within
11 the Department of the Army an ‘‘Army Safety
12 Command’’.
13 (B) COMMANDER.—There is a Commander
14 of the Army Safety Command. The Commander
15 shall be selected by the Secretary of the Army
16 from among the general officers of the Army who
17 hold a rank of major general or higher.
18 (C) DUTIES.—The duties of the Army Safe-
19 ty Command shall include, with respect to the
20 Army, the formulation of safety policy, the devel-
21 opment of risk management strategies, the moni-
22 toring of risk adjudication processes, the provi-
23 sion of safety-related training, and such other
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24 duties as the Secretary of the Army may deter-
25 mine appropriate.
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1 (2) AIR FORCE SAFETY COMMAND.—
2 (A) ESTABLISHMENT.—Not later than 180
3 days after the date of the enactment of this Act,
4 the Secretary of the Air Force shall establish
5 within the Department of the Air Force an ‘‘Air
6 Force Safety Command’’.
7 (B) COMMANDER.—There is a Commander
8 of the Air Force Safety Command. The Com-
9 mander shall be selected by the Secretary of the
10 Air Force from among the general officers of the
11 Air Force who hold a rank of major general or
12 higher.
13 (C) DUTIES.—The duties of the Air Force
14 Safety Command shall include, with respect to
15 the Air Force, the formulation of safety policy,
16 the development of risk management strategies,
17 the monitoring of risk adjudication processes, the
18 provision of safety-related training, and such
19 other duties as the Secretary of the Air Force
20 may determine appropriate.
21 (3) TRANSFER OF PREEXISTING ORGANIZATIONAL
22 ELEMENTS.—As of the date on which the Safety Com-
23 mand of a military department is established under
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24 this subsection, any element of that military depart-
25 ment responsible for the duties of such Safety Com-
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1 mand as of the day before the date of such establish-
2 ment (including the duties, responsibilities, and per-
3 sonnel of any such element) shall be transferred to
4 such Safety Command.
5 (4) BRIEFINGS.—Not later than 90 days after
6 the date on which the Safety Command of a military
7 department is established under this subsection, the
8 Secretary of that military department shall provide
9 to the congressional defense committees a briefing on
10 the duties, assigned personnel, key lines of effort, and
11 organizational structure of such Safety Command.
12 (b) IMPLEMENTATION OF ACCIDENT INVESTIGATION
13 RECOMMENDATION.—
14 (1) ESTABLISHMENT OF RESPONSIBLE ENTI-
15 TIES.—
16 (A) ARMY.—Not later than 180 days of en-
17 actment of this Act, the Secretary of the Army
18 shall establish within the Department of the
19 Army an entity the primary responsibility of
20 which is to ensure the implementation across the
21 Army of recommended actions arising from acci-
22 dent investigations conducted by the Department
23 of Defense.
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24 (B) AIR FORCE.—Not later than 180 days
25 of enactment of this Act, the Secretary of the Air
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1 Force shall establish within the Department of
2 the Air Force an entity the primary responsi-
3 bility of which is to ensure the implementation
4 across the Air Force of recommended actions
5 arising from accident investigations conducted
6 by the Department of Defense.
7 (2) BRIEFINGS.—Not later than 90 days after
8 the date on which the Secretary of a military depart-
9 ment establishes a responsible entity under paragraph
10 (1), that Secretary shall provide to the congressional
11 defense committees a briefing on the duties, assigned
12 personnel, key lines of effort, and organizational
13 structure of such entity.
14 SEC. 387. NATIONAL STANDARDS FOR FEDERAL FIRE PRO-
15 TECTION AT MILITARY INSTALLATIONS.
16 (a) STANDARDS REQUIRED.—The Secretary of Defense
17 shall ensure that—
18 (1) members of the Armed Forces and employees
19 of Defense Agencies who provide fire protection serv-
20 ices to military installations shall comply with the
21 National Consensus Standards developed by the Na-
22 tional Fire Protection Association pursuant to section
23 12(d) of the National Technology Transfer and Ad-
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24 vancement Act of 1995 (Pub. L. 104–113; 15 U.S.C.
25 272 note);
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1 (2) the minimum staffing requirement for any
2 firefighting vehicle responding to a structural build-
3 ing emergency at a military installation is not less
4 than four firefighters per vehicle; and
5 (3) the minimum staffing requirement for any
6 firefighting vehicle responding to an aircraft or air-
7 field incident at a military installation is not less
8 than three firefighters per vehicle.
9 (b) DEFINITIONS.—In this section:
10 (1) The terms ‘‘Armed Forces’’ and ‘‘Defense
11 Agency’’ have the meanings given such terms in sec-
12 tion 101 of title 10, United States Code.
13 (2) The term ‘‘firefighter’’ has the meaning given
14 that term in section 707(b) of the National Defense
15 Authorization Act for Fiscal Year 2020 (Pub. L. 116–
16 92; 10 U.S.C. 1074m note).
17 (3) The term ‘‘military installation’’ has the
18 meaning given that term in section 2801 of title 10,
19 United States Code.
20 SEC. 388. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY
21 DATA COLLECTION.
22 (a) IN GENERAL.—Not later than one year after the
23 date of the enactment of this Act, the Secretary of the Army
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24 and the Secretary of the Navy shall jointly carry out a pilot
25 program to evaluate the feasibility of using data recorders
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1 to monitor, assess, and improve the readiness and safety
2 of the operation of military tactical vehicles (in this section
3 referred to as the ‘‘pilot program’’).
4 (b) PURPOSES.—The purposes of the pilot program
5 are—
6 (1) to allow for the automated identification of
7 hazards and potential hazards on and off military in-
8 stallations;
9 (2) to mitigate and increase awareness of haz-
10 ards and potential hazards on and off military in-
11 stallations;
12 (3) to identify near-miss accidents;
13 (4) to create a standardized record source for ac-
14 cident investigations;
15 (5) to assess individual driver proficiency, risk,
16 and readiness;
17 (6) to increase consistency in the implementation
18 of military installation and unit-level range safety
19 programs across military installations and units;
20 (7) to evaluate the feasibility of incorporating
21 metrics generated from data recorders into the safety
22 reporting systems and to the Defense Readiness Re-
23 porting System as a measure of assessing safety risks,
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24 mitigations, and readiness;
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1 (8) to determine the costs and benefits of retro-
2 fitting data recorders on legacy platforms and includ-
3 ing data recorders as a requirement in acquisition of
4 military tactical vehicles; and
5 (9) any other matters as determined by the Sec-
6 retary concerned.
7 (c) REQUIREMENTS.—In carrying out the pilot pro-
8 gram, the Secretary of the Army and the Secretary of the
9 Navy shall—
10 (1) assess the feasibility of using commercial
11 technology, such as smartphones or technologies used
12 by insurance companies, as a data recorder;
13 (2) test and evaluate a minimum of two data re-
14 corders that meet the pilot program requirements;
15 (3) select a data recorder capable of collecting
16 and exporting the telemetry data, event data, and
17 driver identification during operation and accidents;
18 (4) install and maintain a data recorder on a
19 sufficient number of each of the military tactical vehi-
20 cles listed under subsection (f) at installations selected
21 by the Secretary concerned under subsection (e) for
22 statistically significant results;
23 (5) establish and maintain a database that con-
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24 tains telemetry data, driver data, and event data cap-
25 tured by the data recorder;
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1 (6) regularly generate for each installation se-
2 lected under subsection (e) a dataset that is viewable
3 in widely available mapping software of hazards and
4 potential hazards based on telemetry data and event
5 data captured by the data recorders;
6 (7) generate actionable data sets and statistics
7 on individual, vehicle, and military installation;
8 (8) require commanders at the installations se-
9 lected under subsection (e) to incorporate the action-
10 able data sets and statistics into the installation
11 range safety program;
12 (9) require unit commanders at the installations
13 selected under subsection (e) to incorporate the action-
14 able data sets and statistics into the unit driver safety
15 program;
16 (10) evaluate the feasibility of integrating data
17 sets and statistics to improve driver certification and
18 licensing based on data recorded and generated by the
19 data recorders;
20 (11) use open architecture to the maximum ex-
21 tent practicable; and
22 (12) carry out any other activities determined by
23 the Secretary as necessary to meet the purposes under
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24 subsection (b).
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1 (d) IMPLEMENTATION PLAN.—Not later than 180 days
2 after the date of the enactment of this Act, the Secretary
3 of the Army and the Secretary of the Navy shall develop
4 a plan for implementing the pilot program.
5 (e) LOCATIONS.—Each Secretary concerned shall carry
6 out the pilot program at not fewer than one military instal-
7 lation in the United States selected by the Secretary con-
8 cerned that meets the following conditions:
9 (1) Contains the necessary force structure, equip-
10 ment, and maneuver training ranges to collect driver
11 and military tactical vehicle data during training
12 and routine operation.
13 (2) Represents at a minimum one of the five
14 training ranges identified in the study by the Comp-
15 troller General of the United States titled ‘‘Army and
16 Marine Corps Should Take Additional Actions to
17 Mitigate and Prevent Training Accidents’’ that did
18 not track unit location during the training events.
19 (f) COVERED MILITARY TACTICAL VEHICLES.—The
20 pilot program shall cover the following military tactical ve-
21 hicles:
22 (1) Army Strykers.
23 (2) Marine Corps Light Armored Vehicles.
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24 (3) Army Family of Medium Tactical Vehicles.
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1 (4) Marine Corps Medium Tactical Vehicle Re-
2 placements.
3 (5) Army and Marine Corps High Mobility Mul-
4 tipurpose Wheeled Vehicles.
5 (6) Army and Marine Corps Joint Light Tac-
6 tical Vehicles.
7 (7) Army and United States Special Operations
8 Command Ground Mobility Vehicles.
9 (8) Army Infantry Squad Vehicles.
10 (g) METRICS.—The Secretaries shall develop metrics to
11 evaluate the effectiveness of the pilot program in moni-
12 toring, assessing, and improving vehicle safety, driver read-
13 iness, and mitigation of risk.
14 (h) REPORTS.—
15 (1) INITIAL.—Not later than 180 days after the
16 date of the enactment of this Act, the Secretary of the
17 Army and the Secretary of the Navy shall jointly sub-
18 mit to the congressional defense committees a report
19 on the pilot program that addresses the plan for im-
20 plementing the requirements under subsection (c), in-
21 cluding the established metrics under subsection (g).
22 (2) INTERIM.—Not later than three years after
23 the commencement of the pilot program, the Secretary
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24 of the Army and the Secretary of the Navy shall joint-
25 ly submit to the congressional defense committees a
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1 report on the status of the pilot program, including
2 the preliminary results in carrying out the pilot pro-
3 gram, the metrics generated during the pilot program,
4 disaggregated by military tactical vehicle, location,
5 and service, and the implementation plan under sub-
6 section (d).
7 (3) FINAL.—
8 (A) IN GENERAL.—Not later than 90 days
9 after the termination of the pilot program, the
10 Secretary of the Army and the Secretary of the
11 Navy shall jointly submit to the congressional
12 defense committees a report on the results of the
13 program.
14 (B) ELEMENTS.—The report required by
15 subparagraph (A) shall—
16 (i) assess the effectiveness of the pilot
17 program in meeting the purposes under sub-
18 section (b);
19 (ii) include the metrics generated dur-
20 ing the pilot program, disaggregated by
21 military tactical vehicle, location, and serv-
22 ice;
23 (iii) include the views of range per-
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24 sonnel, unit commanders, and tactical vehi-
25 cle operators involved in the pilot program
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1 on the level of effectiveness of the technology
2 selected;
3 (iv) provide a cost estimate for equip-
4 ping legacy military tactical vehicles with
5 data recorders;
6 (v) determine the instances in which
7 data recorders should be a requirement in
8 the acquisition of military tactical vehicles;
9 (vi) recommend whether the pilot pro-
10 gram should be expanded or made into a
11 program of record; and
12 (vii) recommend any statutory, regu-
13 latory, or policy changes required to sup-
14 port the purposes under subsection (b).
15 (i) TERMINATION.—The authority to carry out the
16 pilot program under subsection (a) shall terminate five
17 years after the date of the enactment of this Act.
18 (j) DEFINITIONS.—In this section:
19 (1) The term ‘‘accident’’ means a collision, roll-
20 over, or other mishap involving a motor vehicle.
21 (2) The term ‘‘data recorder’’ means technologies
22 installed in a motor vehicle to record driver identi-
23 fication, telemetry data, and event data related to the
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24 operation of the motor vehicle.
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1 (3) The term ‘‘driver identification’’ means data
2 enabling the unique identification of the driver oper-
3 ating a motor vehicle.
4 (4) The term ‘‘event data’’ includes data related
5 to—
6 (A) the start and conclusion of each vehicle
7 operation;
8 (B) a vehicle accident;
9 (C) a vehicle acceleration, velocity, or loca-
10 tion with an increased potential for an accident;
11 or
12 (D) a vehicle orientation with an increased
13 potential for an accident.
14 (5) The term ‘‘Secretary concerned’’ means—
15 (A) the Secretary of the Army with respect
16 to matters concerning the Army; and
17 (B) the Secretary of the Navy with respect
18 to matters concerning the Navy and Marine
19 Corps.
20 (6) The term ‘‘tactical vehicle’’ means a motor
21 vehicle designed to military specification, or a com-
22 mercial design motor vehicle modified to military
23 specification, to provide direct transportation support
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24 of combat or tactical operations, or for the training
25 of personnel for such operations.
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1 (7) The term ‘‘telemetry data’’ includes—
2 (A) time;
3 (B) vehicle distance traveled;
4 (C) vehicle acceleration and velocity;
5 (D) vehicle orientation, including roll,
6 pitch, and yaw; and
7 (E) vehicle location in a geographic coordi-
8 nate system, including elevation.
TITLE IV—MILITARY PERSONNEL
9
10 AUTHORIZATIONS
11 Subtitle A—Active Forces
12 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
13 The Armed Forces are authorized strengths for active
14 duty personnel as of September 30, 2023, as follows:
15 (1) The Army, 473,000.
16 (2) The Navy, 348,220.
17 (3) The Marine Corps, 177,000.
18 (4) The Air Force, 323,400.
19 (5) The Space Force, 8,600.
20 SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END
21 STRENGTH MINIMUM LEVELS.
22 Section 691(b) of title 10, United States Code, is
23 amended by striking paragraphs (1) through (5) and insert-
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24 ing the following new paragraphs:
25 ‘‘(1) For the Army, 473,000.
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1 ‘‘(2) For the Navy, 348,220.
2 ‘‘(3) For the Marine Corps, 177,000.
3 ‘‘(4) For the Air Force, 323,400.
4 ‘‘(5) For the Space Force, 8,600.’’.
5 Subtitle B—Reserve Forces
6 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
7 (a) IN GENERAL.—The Armed Forces are authorized
8 strengths for Selected Reserve personnel of the reserve com-
9 ponents as of September 30, 2023, as follows:
10 (1) The Army National Guard of the United
11 States, 336,000.
12 (2) The Army Reserve, 189,500.
13 (3) The Navy Reserve, 57,700.
14 (4) The Marine Corps Reserve, 33,000.
15 (5) The Air National Guard of the United
16 States, 108,400.
17 (6) The Air Force Reserve, 70,000.
18 (7) The Coast Guard Reserve, 7,000.
19 (b) END STRENGTH REDUCTIONS.—The end strengths
20 prescribed by subsection (a) for the Selected Reserve of any
21 reserve component shall be proportionately reduced by—
22 (1) the total authorized strength of units orga-
23 nized to serve as units of the Selected Reserve of such
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24 component which are on active duty (other than for
25 training) at the end of the fiscal year; and
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1 (2) the total number of individual members not
2 in units organized to serve as units of the Selected
3 Reserve of such component who are on active duty
4 (other than for training or for unsatisfactory partici-
5 pation in training) without their consent at the end
6 of the fiscal year.
7 (c) END STRENGTH INCREASES.—Whenever units or
8 individual members of the Selected Reserve of any reserve
9 component are released from active duty during any fiscal
10 year, the end strength prescribed for such fiscal year for
11 the Selected Reserve of such reserve component shall be in-
12 creased proportionately by the total authorized strengths of
13 such units and by the total number of such individual mem-
14 bers.
15 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
16 DUTY IN SUPPORT OF THE RESERVES.
17 Within the end strengths prescribed in section 411(a),
18 the reserve components of the Armed Forces are authorized,
19 as of September 30, 2023, the following number of Reserves
20 to be serving on full-time active duty or full-time duty, in
21 the case of members of the National Guard, for the purpose
22 of organizing, administering, recruiting, instructing, or
23 training the reserve components:
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24 (1) The Army National Guard of the United
25 States, 30,845.
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1 (2) The Army Reserve, 16,511.
2 (3) The Navy Reserve, 10,077.
3 (4) The Marine Corps Reserve, 2,388.
4 (5) The Air National Guard of the United
5 States, 26,630.
6 (6) The Air Force Reserve, 6,286.
7 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
8 (DUAL STATUS).
9 The minimum number of military technicians (dual
10 status) as of the last day of fiscal year 2023 for the reserve
11 components of the Army and the Air Force (notwith-
12 standing section 129 of title 10, United States Code) shall
13 be the following:
14 (1) For the Army National Guard of the United
15 States, 22,294.
16 (2) For the Army Reserve, 6,492.
17 (3) For the Air National Guard of the United
18 States, 9,892.
19 (4) For the Air Force Reserve, 6,696.
20 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
21 THORIZED TO BE ON ACTIVE DUTY FOR
22 OPERATIONAL SUPPORT.
23 During fiscal year 2023, the maximum number of
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24 members of the reserve components of the Armed Forces who
25 may be serving at any time on full-time operational sup-
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1 port duty under section 115(b) of title 10, United States
2 Code, is the following:
3 (1) The Army National Guard of the United
4 States, 17,000.
5 (2) The Army Reserve, 13,000.
6 (3) The Navy Reserve, 6,200.
7 (4) The Marine Corps Reserve, 3,000.
8 (5) The Air National Guard of the United
9 States, 16,000.
10 (6) The Air Force Reserve, 14,000.
11 Subtitle C—Authorization of
12 Appropriations
13 SEC. 421. MILITARY PERSONNEL.
14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are
15 hereby authorized to be appropriated for fiscal year 2023
16 for the use of the Armed Forces and other activities and
17 agencies of the Department of Defense for expenses, not oth-
18 erwise provided for, for military personnel, as specified in
19 the funding table in section 4401.
20 (b) CONSTRUCTION OF AUTHORIZATION.—The author-
21 ization of appropriations in the subsection (a) supersedes
22 any other authorization of appropriations (definite or in-
23 definite) for such purpose for fiscal year 2023.
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1 TITLE V—MILITARY PERSONNEL
2 POLICY
3 Subtitle A—Officer Personnel Policy
4 SEC. 501. DISTRIBUTION OF COMMISSIONED OFFICERS ON
5 ACTIVE DUTY IN GENERAL OFFICER AND
6 FLAG OFFICER GRADES.
7 Section 525 of title 10, United States Code, is amend-
8 ed—
9 (1) in subsection (a)—
10 (A) in the matter preceding paragraph (1),
11 by striking ‘‘as follows:’’ and inserting an em
12 dash;
13 (B) in paragraph (4)(C), by striking the pe-
14 riod at the end and inserting ‘‘; and’’; and
15 (C) by adding at the end the following new
16 paragraph:
17 ‘‘(5) in the Space Force, if that appointment
18 would result in more than—
19 ‘‘(A) 2 officers in the grade of general;
20 ‘‘(B) 7 officers in a grade above the grade
21 of major general; or
22 ‘‘(C) 6 officers in the grade of major gen-
23 eral.’’;’’;
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24 (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 amend-
15 ed—
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’’;
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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 the
5 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) as
13 subsection (j);
14 (2) by redesignating subsections (g), (h), (i), and
15 (j) as subsections (h), (i), (j), and (k), respectively;
16 and
17 (3) by inserting after subsection (f) the following
18 new subsection:
19 ‘‘(g) EXCLUSION OF OFFICERS SERVING AS LEAD SPE-
20 CIAL TRIAL COUNSEL.—The limitations in subsection (a)
21 do not apply to a general or flag officer serving in the posi-
22 tion of lead special trial counsel pursuant to an appoint-
23 ment 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, is
6 amended—
7 (1) by inserting ‘‘(a)’’ before ‘‘For the purposes’’;
8 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 par-
19 ticular warrant officer field designated by the Sec-
20 retary concerned, if such training or experience is di-
21 rectly related to the operational needs of the armed
22 force concerned, as determined by such Secretary con-
23 cerned.
24 ‘‘(B) For advanced education in a warrant offi-
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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 by
2 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 chapter
9 5 of title 37, United States Code, is amended by in-
10 serting 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 con-
15 cerned may pay monthly special pay to an eligible officer
16 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 enact-
21 ment of the National Defense Authorization Act for
22 Fiscal Year 2023; and
23 ‘‘(B) was credited by the Secretary of the mili-
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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 of
3 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 title
7 10.
8 ‘‘(c) AMOUNT OF PAY.—The Secretary concerned shall
9 determine an amount of monthly special pay to pay to an
10 eligible officer under this section. Such amount may not
11 exceed $5,000 per month.
12 ‘‘(d) RELATIONSHIP TO OTHER INCENTIVES.—Special
13 pay under this section is in addition to any other pay or
14 allowance to which an eligible officer is entitled.
15 ‘‘(e) SUNSET.—No special pay may be paid under this
16 section after December 31, 2027.’’.
17 (2) CLERICAL AMENDMENT.—The table of sec-
18 tions at the beginning of such chapter is amended by
19 inserting after the item relating to section 336 the fol-
20 lowing:
‘‘337. Special pay: certain officers of the armed forces commissioned or appointed
with constructive service credit.’’.
21 (c) REGULATIONS.—The Secretaries concerned shall
22 prescribe regulations to carry out the amendments made by
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23 this section not later than 180 days after the date of the
24 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 of
3 Homeland Security, shall submit to the appropriate con-
4 gressional committees a report on the amendments made by
5 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 whether
9 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 committees’’
19 and ‘‘Secretary concerned’’ have the meanings given
20 such terms in section 101 of title 10, United States
21 Code.
22 SEC. 505. CLARIFICATION OF GRADE OF SURGEON GEN-
23 ERAL OF THE NAVY.
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24 Section 8077 of title 10, United States Code, is amend-
25 ed by adding at the end the following new subsection:
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1 ‘‘(c) GRADE.—The Surgeon General, while so serving,
2 shall hold the grade of O-9.’’.
3 SEC. 506. ASSESSMENTS OF STAFFING IN THE OFFICE OF
4 THE SECRETARY OF DEFENSE AND OTHER
5 DEPARTMENT OF DEFENSE HEADQUARTERS
6 OFFICES.
7 (a) OFFICE OF THE SECRETARY OF DEFENSE.—The
8 Secretary of Defense shall conduct an assessment of staffing
9 of the Office of the Secretary of Defense. Such assessment
10 shall including the following elements:
11 (1) A validation of every military staff billet as-
12 signed to the Office of the Secretary of Defense against
13 existing military personnel requirements.
14 (2) The estimated effect of returning 15 percent
15 of such military staff billets to operational activities
16 of the Armed Forces concerned, over a period of 36
17 months, would have on the office of the Secretary of
18 Defense and other Department of Defense Head-
19 quarters Offices.
20 (3) A plan and milestones for how reductions de-
21 scribed in paragraph (2) would occur, a schedule for
22 such reductions, and the process by which the billets
23 would be returned to the operational activities of the
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24 Armed Forces concerned.
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1 (b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The
2 Chairman of the Joint Chiefs of Staff shall conduct an as-
3 sessment of staffing of the Office of the Joint Chiefs of Staff.
4 Such assessment shall including the following elements:
5 (1) A validation of every military staff billet as-
6 signed to the Office of the Joint Chiefs of Staff
7 against existing military personnel requirements.
8 (2) The estimated effect of returning 15 percent
9 of such military staff billets to operational activities
10 of the Armed Forces concerned, over a period of 36
11 months, would have on the office of the Joint Staff
12 and the Chairman’s Controlled Activities and other
13 related Joint Staff Headquarters Offices.
14 (3) A plan and milestones for how reductions de-
15 scribed in paragraph (2) would occur, a schedule for
16 such reductions, and the process by which the billets
17 would be returned to the operational activities of the
18 Armed Forces concerned.
19 (c) INTERIM BRIEFING AND REPORT.—
20 (1) INTERIM BRIEFING.—Not later than April 1,
21 2023, the Secretary shall provide to the Committees
22 on Armed Services of the Senate and House of Rep-
23 resentatives an interim briefing on the assessments
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24 under subsections (a) and (b).
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1 (2) FINAL REPORT.—Not later than one year
2 after the date of the enactment of this Act, the Sec-
3 retary shall submit to the Committees on Armed Serv-
4 ices of the Senate and House of Representatives a re-
5 port on the assessments under subsections (a) and (b).
6 Such report shall include the following:
7 (A) A validation of every military staff bil-
8 let assigned to the Office of the Secretary of De-
9 fense and the Joint Staff to include the Chair-
10 man’s Controlled Activities against existing
11 military personnel requirements.
12 (B) The methodology and process through
13 which such validation was performed.
14 (C) Relevant statistical analysis on mili-
15 tary billet fill rates against validated require-
16 ments.
17 (D) An analysis of unvalidated military
18 billets currently performing staff support func-
19 tions,
20 (E) The rationale for why unvalidated mili-
21 tary billets may be required.
22 (F) The cost of military staff filling both
23 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) and
7 (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 or
14 a federally funded research and development center to de-
15 velop an anonymous survey of chaplains of the covered
16 Armed Forces. The survey shall include questions regarding
17 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
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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 administer
8 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 shall
11 submit a report to the Committees on Armed Services of
12 the Senate and House of Representatives on the findings
13 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
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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 re-
6 garding how to improve such system.
7 (b) ELEMENTS.—The study required under subsection
8 (a) shall include the following:
9 (1) An analysis of the effectiveness of the fitness
10 report system at evaluating and documenting the per-
11 formance of Army officers.
12 (2) A comparison of the fitness report system for
13 Army officers with best practices for performance
14 evaluations used by public- and private-sector organi-
15 zations.
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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